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Item 7B Department of Planning & Development Services S T A F F R E P O R T April 12, 2016 CASE NO: ZA16-022 PROJECT:Zoning Change and Site Plan for the Westin Hotel EXECUTIVE SUMMARY: Seneca Rochester Harrell Southlake JV is requesting approval of a Zoning Change and Site Plan for the Westin Hotel from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District with “HC” Hotel District Uses and other related uses as depicted in the applicant’s narrative for the development of a full-service hotel, conference center and parking garage on approximately SPIN Neighborhood # 4 6.83 acres located at 1200 E. State Hwy 114. DETAILS: Seneca Rochester Harrell Southlake JV is requesting approval of a Zoning Change and Site Plan for the Westin Hotel from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District with “HC” Hotel District Uses and other related uses as described in the applicant’s narrative under Attachment C of this staff report. The current zoning was approved by City Council in April 2014 as ZA14-006, and included the development of a 7 story Westin hotel with 276 rooms and a 3 level parking garage. Prior to that approval, Council approved a zoning change in 2007 to “NR-PUD” Non-Residential Planned Unit Development District for the development of the Gateway Church campus. The project currently proposed is a revision of the 2014 Westin plan, consisting of a 6 story hotel with 253 rooms. The proposed hotel is full-service, incorporating guest rooms with in-room service, a restaurant/lounge, conference/meeting spaces, a pool, boutique retail space and other hotel related support services (back of house services). The proposal also includes a 2 level parking deck with 242 parking spaces, in addition to the 201 surface parking spaces located primarily around the perimeter of the site. The materials used on the hotel are a mixture of stucco, stone and glass curtain wall with aluminum and metal accent features throughout. Changes to the exterior elevations from the 2014 plan can be seen in attachment C. The overall height of the hotel has been lessened from 107 feet to 76 feet due to the th removal of the 7 floor event space and lounge found in the 2014 plan, and a 14 foot reduction in the height of the first floor/lobby area. The landscaping plan has also been revised in response to the reduction in building footprint and increase in surface parking. Although 5’ Type A bufferyards are specified in the approved S-P-1 regulations, the 30’ bufferyard which was previously shown on the south end of the property has been reduced on the proposed plan to 10’. Case No. ZA16-022 The following is a site data summary of the currently proposed hotel compared to the plan approved in 2014: Approved Westin PlanProposed Westin Plan “S-P-1” Detailed Site “S-P-1” Detailed Site Zoning Plan District Plan District Land Use DesignationMixed-Use Mixed-Use # of Buildings1 + garage 1 + garage Proposed Building Area (sf)211,807 277,150 Proposed Meeting Space (sf)*26,962 30,609 Number of Stories 6 w/ 2 story garage 7 w/ 3 story garage Max Building Height115’ (76’ shown) 115’ (107’ shown) (1 per room * 276 rooms) (1 per room * 253 rooms) + Required Parking + (1 per 200sf CC) (1 per 200sf CC) Refer to Attachment C for breakdown + (1 per 100sf restaurant)+ (1 per 100sf restaurant) of uses = 442 spaces = 495 spaces Provided Garage Parking250 spaces 400 spaces Provided Surface Parking193 spaces 100 spaces Total Provided Parking443 spaces 500 spaces Percentage of Open Space17% 18% Area of Impervious Coverage 83% 82% S.H. 114 SR Bufferyard WidthApprox. 10’ P/L to curb Approx. 30’ P/L to curb The underlying zoning for the proposed ‘S-P-1’ Site Plan is ‘HC’ Hotel district. The proposal complies with the HC district with regard to the number of stories, the actual proposed height of 76 feet (although the S-P-1 regulations for the site allow up to 115 feet), front, side, and rear building setbacks, and maximum site coverage. Areas in which the site does not meet HC regulations include impervious cover and required buffer width and hedge plantings along the south/114 side of the property (the S-P-1 regulations allow for 5’ type ‘A’ bufferyards on all sides of the property). See table on following page for summary of changes. Case No. ZA16-022 Proposed Site HC Zoning Plan Max Height 90 feet115 feet # of stories allowed6 6 Front Yard minimum 50’ (if along 114 56’ setback ROW) Side Yard minimum 55.3’ 15-25’ setback Rear Yard minimum 47.6’ 25’ setback Percentage of Impervious 70% max85% Coverage Maximum Site Coverage39% 50% Minimum required 25’10’ bufferyard width along 114 Variance Driveway Stacking Depth - The Driveway Ordinance No. 634 requires for this site to have 150-feet of driveway stacking depth at each of the two driveways (Driveway A and B) being proposed on site. The applicant is proposing to have approximately 35 feet at each driveway along Grace Lane. A similar variance was approved by City Council with the previous submittal. ACTION NEEDED:1) Conduct Public Hearing 2) Consider Zoning Change and Site Plan approval PZ ACTION: At its April 7, 2016 meeting, the Planning and Zoning Commission voted 5-0 to approve ZA16-022 subject to staff report dated April 1, 2016 and Site Plan Review Summary No. 1 dated March 28, 2016 specifically noting approval of the variance request with regard to the driveway stacking depth and the applicant’s willingness to evaluate a berm hedging or anything else to assist with shielding the parking and also noting the applicant’s agreement to complete the extension of Grace Lane at the time that construction begins. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Site Plan Review Summary No. 1, dated March 28, 2016 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-714 (G) Full-Size Plans (Planning Commission and City Council only) Case No. ZA16-022 STAFF CONTACT: David Jones (817) 748-8070 Ken Baker (817) 748-8067 Case No. ZA16-022 BACKGROUND INFORMATION OWNER: Gateway Church APPLICANT: Seneca Rochester Harrell Southlake JV PROPERTY SITUATION: 1200 E. State Hwy 114 LEGAL DESCRIPTION: Lot 1, Block 4, Gateway Church – 114 Campus Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “S-P-1” Detailed Site Plan District with “HC” Hotel District Uses REQUESTED ZONING: “S-P-1” Detailed Site Plan District with “HC” Hotel District Uses HISTORY: -On June 17, 1997 the City Council approved a Zoning Change and Concept Plan for “NR-PUD” Non-Residential Planned Unit Development District under Planning Case ZA96-132 (Ordinance No. 480-222). - On August 21, 2007 the City Council approved a Preliminary Plat for the Gateway Church campus under Planning Case ZA05-113. - On August 21, 2007 the City Council approved a Zoning Change and Concept Plan for the Gateway Church campus from “NR-PUD” Non- Residential Planned Unit Development District to “NR-PUD” Non- Residential Planned Unit Development District with religious institutions as the primary use under Planning Case ZA05-112 (Ordinance No. 480- 222a). - On May 8, 2008 the Planning & Zoning Commission approved a Final Plat under Planning Case ZA08-029. - On April 1, 2014, the City Council approved a Zoning Change and Concept Plan for the Westin hotel from “NR-PUD” Non-Residential Planned Unit Development District to “S-P-1” Detailed Site Plan District with “HC” Hotel District Uses under Planning Case ZA14-006 (Ordinance No. 480-660). CITIZEN INPUT: Though a SPIN meeting was held on January 6, 2014 for the original Westin development, no SPIN meeting was held for this amended plan. SOUTHLAKE 2030:Future Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Mixed Use. The Mixed Use land use designation is defined within Southlake 2030 as follows: Case No. Attachment A ZA16-022 Page 1 “The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed.” Hotels within the Mixed Use land use designation are described as follows: Hotel uses should be full-service hotels at market-driven locations, o primarily in the S.H. 114 Corridor. Full-service, for the purposes of this plan, shall be hotels that include a table-service restaurant within or directly attached to the hotel. Other services or amenities typically included would be bell service and room service, as well as available meeting space. The desire is to approve hotels adequate to support market-driven o commerce in the City, paying attention to the product mix such that the hospitality services in the area are complementary to one another. According to both these descriptions, the proposed hotel development is consistent with the intent of the land use description and hotel description. Urban Design Plan The Urban Design Plan also includes recommendations pertaining to the State Highway 114 corridor where this site is proposed to be located. These recommendations are as follows: Establish appropriate scale and bulk standards for buildings along o the highway, specifically at mid-block locations. Buildings should be 4 – 6 stories tall and step down as they move away from the highway corridor. Buildings over three stories should be articulated along the first three floors. Materials on the lower floors should be brick, stone or other approved masonry. Low-profile, single story pad buildings that tend to blend into the background and have limited visibility from the highway are discouraged The view of surface parking from the highway should be limited. o Surface parking lots should be designed to be in smaller pods (no more than 200 parking spaces) with increased landscaping and pedestrian accessways. Structured parking is encouraged over surface parking. Specifically, o shared parking is also encouraged between adjoining Case No. Attachment A ZA16-022 Page 2 complementary land uses. Special attention should be given to the design of parking garages to avoid plain facades with views of parked cars from adjoining properties and rights-of-ways. Façade details, vertical and horizontal courses such as cornices, lintels, sills, and water courses should be used to add interest along facades. To the extent possible, parking garages should be located behind principal structures to limit views from the highway. This proposed development has a parking garage located towards the rear of the site screened from the highway by the hotel. A shared parking agreement to utilize the western Gateway Church parking lot is under discussion between the hotel and Gateway Church. Mobility Master Plan On the City’s Thoroughfare Plan within the Mobility Master Plan Grace Lane is shown to be a 100-foot, 4-lane divided arterial (A4D). During the development of the Gateway Church campus, a variance was granted for Grace Lane to be reduced to an 80-foot divided arterial. The Active Transportation section of the City’s Mobility Master Plan recommends an 8-foot or greater multi-use trail along the frontage road of State Highway 114. The applicant is proposing a 10-foot sidewalk along the frontage road (where it will connect existing segments at Gateway Church and the neighboring Bowen Building) and a 6-foot sidewalk along Grace Lane. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will have access onto Grace Lane via two driveways. Grace Lane is currently built with 100 foot right of way and median for 483 feet north of the State Highway 114 frontage road; beyond this point, the facility narrows to an 80-foot undivided roadway. Case No. Attachment A ZA16-022 Page 3 Since development on this property is contingent upon two points of access being provided, Grace Lane must be completed to at least the northern limit of the property prior to release of occupancy. A Traffic Impact Analysis (TIA) was previously provided by the applicant for the original Westin Hotel development. SH 114 Frontage Road - Exit Ramp to Carroll Avenue (017W) 24hr West Bound (7,308) AM Peak AM (475) 7:45 AM– 8:45 AM PM Peak PM (733) 5:30 – 6:30 PM Based on the 2013 City of Southlake Traffic Count Report * Traffic Impact AM-AM-PM-PM- Use Rooms Vtpd* IN OUT IN OUT Hotel (310) 276 1,127 79 65 98 71 Vehicle Trips Per Day * * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday th * Based on the ITE: Trip Generation Manual, 7 Edition The original 2014 Westin plan included a parking study in support of parking provided below City minimum requirements. This study was updated to reflect changes in the parking counts and is included in Attachment C. TREE PRESERVATION: There is approximately 65% tree coverage on this site. The applicant has indicated to staff that only 40% of these trees are considered healthy. The “S-P-1” zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council’s approval. Due to the amount of grading this development will require, no trees will be preserved and therefore the applicant did not develop a tree conservation plan. UTILITIES: Water The site has access to an existing 20-inch water line along the State Highway 114 frontage road and an 8-inch water line along Grace Lane. Sewer The site will have access to an 8-inch sewer line that was installed during the development of the Gateway Church campus. STAFF COMMENTS : Attached is Site Plan Review Summary No. 1, dated March 28, 2016. N:\\Community Development\\MEMO\\2016 Cases\\022- ZSP - Westin Hotel\\Staff Report\\CC Meeting\\ZA16-022 CC Staff Report Case No. Attachment A ZA16-022 Page 4 ZA16-022 Case No. Attachment B ZA16-022 Page 1 Approved S-P-1 Regulations Case No. Attachment C ZA16-022 Page 1 Case No. Attachment C ZA16-022 Page 2 Revised S-P-1 Regulations (proposed) Case No. Attachment C ZA16-022 Page 3 Case No. Attachment C ZA16-022 Page 4 Parking Analysis Case No. Attachment C ZA16-022 Page 5 Case No. Attachment C ZA16-022 Page 6 Case No. Attachment C ZA16-022 Page 7 Approved Site Plan Case No. Attachment C ZA16-022 Page 8 Proposed Site Plan Case No. Attachment C ZA16-022 Page 9 Approved Landscape Plan Case No. Attachment C ZA16-022 Page 10 Proposed Landscaping Plan Case No. Attachment C ZA16-022 Page 11 Case No. Attachment C ZA16-022 Page 12 Approved Elevations Case No. Attachment C ZA16-022 Page 13 Proposed Elevations Case No. Attachment C ZA16-022 Page 14 Original Floor Plan Case No. Attachment C ZA16-022 Page 15 Current Conceptual Floor Plan Case No. Attachment C ZA16-022 Page 16 Site Amenities as approved Case No. Attachment C ZA16-022 Page 17 Case No. Attachment C ZA16-022 Page 18 Case No. Attachment C ZA16-022 Page 19 SITE PLAN REVIEW SUMMARY Case No.: ZA16-022 Review No.: One Date of Review: 03/28/16 Zoning Change and Site Plan Project Name: – Westin Hotel 1200 East S.H. 114 APPLICANT: Paul Barham OWNER: Gateway Church Seneca Rochester Harrell Southlake JV Brad Henderson 16800 Westgrove Drive, Suite 100 700 Blessed Way Addison, Texas 75001 Southlake, Texas 76092 Phone: 972-788-2220 Email: pbarham@harrellhospitality.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/14/16 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 THE APPROPRIATE STAFF MEMBER. Planning Review David Jones, AICP Principal Planner Phone: (817) 748-8070 Email:djones@ci.southlake.tx.us ZA16-022 1. Place the City case number “" in the lower right corner of all submitted exhibits for ease of reference. 2. The provided fee of $678.30 is incorrect. Provide an application fee in the amount of $541.60, made payable to the City of Southlake. Cash or check payments can be made in the Building Inspections office, Suite 250. Credit card payments may be made online through SOUTHLAKE ON DEMAND using ZA16-022 as the permit number. Indicate in writing how you wish for us to dispose of the first check. See attached invoice. 3. Regarding the S-P-1 regulatory document: a. The amount of meeting space specified is “up to 22,000 square feet”; however, sheet A0.1 shows 26,962 square feet of meeting space combined between levels 1 and 2; b. Clarify whether the interior courtyard and roof top patio area are still planned; c. A development regulation should be added to the narrative that contains the following: The elevations and articulation of those elevations shall be as presented in the Zoning Change and Site Plan. 4. Because this is a new submittal for zoning and site plan approval, the previously-granted variance to stacking depth requirements must again be requested in writing and approved by City Council. 5. Prior to release of a Certificate of Occupancy, Grace Lane must be completed to City standards and accepted by the City. At a minimum, the completed road must run to a point equal to the northern boundary of the property. Case No. Attachment D ZA16-022 Page 1 6. Based on prior City Council motion, staff recommends providing fencing elevations and alternate fencing design and materials. 7. Show pedestrian access by shading sidewalks in a darker/contrasting color. 8. Label the depth of each driveway throat. _________________________________________________________________________________ Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * The proposed tree conservation is consistent with the previously approved Tree Conservation Plan. No existing trees are proposed to be preserved. LANDSCAPE AND BUFFERYARDS COMMENTS: 1. There is a note in the Building Area Table on the Site Plan that says “All square footages above are approximate and will be finalized during design phase.” The building square footage cannot be approximate because the interior landscape requirements are based on 50% of the area footprint of the main building and 5% of the area footprint of the parking garage. If these areas change the required interior landscape calculations will change, as well as the proposed Landscape Plan. 2. The calculations in the Interior Landscape Charts on the Site Plan and Landscape Plan do not match. Ensure that both Interior Landscape Charts match. 3. Provide the Bufferyards Summary Chart on the Landscape Plan. 4. Plant material must be provided for the required bufferyards. Required interior landscape plant material cannot be counted as bufferyard plant material. 5. Within Exhibit ‘B’, the proposed bufferyards surrounding the property are proposed to be 5’ – A type bufferyards. This is not consistent with the regulations of the Bufferyards and Corridor (5’ A-type bufferyards are proposed in the S-P-1 Overlay sections of the Zoning Ordinance. regulatory document.) 6. Parking lot islands shall have a minimum width of 12’ back-to-back if curbed or 13’ edge-to- edge if no curb is intended, and shall be equal to the length of the parking stall. Parking lot islands must also contain shrubs, ground cover, ornamental grasses, seasonal color, or a combination of these plant materials along the required canopy tree. Case No. Attachment D ZA16-022 Page 2 7. When parking is provided between the right-of-way and the building set back line, a solid evergreen hedgerow of plants obtaining a mature height greater than three feet (3’) shall be planted for the entire length of the parking. When planted, this hedge shall be a minimum of two feet (2’) in height and planted no further than thirty inches (30”) on center. * Indicates informational comment. # Indicates required items comment. ________________________________________________________________________________ Public Works/Engineering Review Steven Anderson, P.E. Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us Public Works comments pending _________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The proposed structure will be considered a high-rise building as per the City of Southlake amendments to the 2012 International Fire Code. No comments were made pertaining to the parking structure due to the limited amount of information provided. (Parking garage will be reviewed with future plan submittal) Automatic fire sprinkler system will be required for buildings over 6,000 square feet. (Per 2012 I.F.C. Sec. 903.2.11.9 as amended) The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5’X5’ if the double check is not located on the riser, or a minimum of 6’X6’ if it is on the riser. The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant. (A remote FDC is acceptable to meet the requirement)(FDC not shown on plans) FIRE LANE COMMENTS: Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (Per 2012 I.F.C. Sec. 503.2.4) Case No. Attachment D ZA16-022 Page 3 ________________________________________________________________________________ General Informational Comments: * Staff strongly recommends contacting Daniel Cortez in the City Manager’s Office to determine if a SPIN meeting would be beneficial to your application. Daniel can be contacted by phone at (817) 748-8029 or by e-mail at dcortez@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * This development must comply with Corridor Overlay Regulations, Section 43(II). * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Denotes Informational Comment Case No. Attachment D ZA16-022 Page 4 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Westin Hotel 10 15 8 7 19 17 18 11 5 6 20 4 13 14 1 2 9 3 12 SPO# Owner Name Zoning Address Acreage Response NEC CARROLL & 114 LTD 1. NR PRTNSHP AG 950 N CARROLL AVE 0.163 NEC CARROLL & 114 LTD 2. NR PRTNSHP AG 940 N CARROLL AVE 0.210 NEC CARROLL & 114 LTD 3. NR PRTNSHP AG 930 CASEY CT 0.019 SCHENK, JOEL SF1-A 1075 CASEY CT 0.376 4. NR JOHNSON, DEBORAH 5. NR BOHANNON ETAL AG 1033 CASEY CT 0.434 COLLINS, TED SF1-A 997 CASEY CT 0.419 6. NR CARROLL, ISD AG 1375 E HIGHLAND ST 0.705 7. NR Case No. Attachment E ZA16-022 Page 1 GATEWAY CHURCH NRPUD 1301 E KIRKWOOD BLVD 0.229 8. NR GATEWAY CHURCH NRPUD 700 BLESSED WAY 82.011 9. NR GATEWAY CHURCH NRPUD 1501 E HIGHLAND ST 22.525 10. NR CARROLL, ISD AG 1009 N CARROLL AVE 0.426 11. NR GATEWAY CHURCH NRPUD 701 BLESSED WAY 34.290 12. NR GATEWAY CHURCH NRPUD 700 N KIMBALL AVE 3.660 13. NR PEBL PARTNERSHIP LTD SP1 1110 E SH 114 1.278 14. F CARROLL, ISD AG 1379 E HIGHLAND ST 0.769 15. NR GATEWAY CHURCH SP1 1200 E SH 114 6.776 16. NR CARROLL, ISD CS 1335 E HIGHLAND ST 3.923 17. NR CARROLL, ISD AG 1361 E HIGHLAND ST 1.040 18. NR CARROLL, ISD CS 0.756 19. NR CADG GATEWAY LAKES LLC TZD 2000 E KIRKWOOD BLVD 20.942 20. NR Superintendent of Carroll ISD 21. NR Superintendent of Grapevine 22. NR Colleyville ISD Superintendent of Northwest 23. NR ISD Superintendent of Keller ISD 24. NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eleven (11) Responses Received: In Favor: Opposed:Undecided: One (1) None None Case No. Attachment E ZA16-022 Page 2 Case No. Attachment E ZA16-022 Page 3 Looking NW toward F.M. 1709 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-714 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 1, BLOCK 4, GATEWAY CHURCH-114 CAMPUS, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 6.826 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 FOR THE WESTIN HOTEL, 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 ZA16-022 Page 1 WHEREAS, the hereinafter described property is currently zoned as “S-P-1” Detailed Site Plan 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 and 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 Case No. Attachment F ZA16-022 Page 2 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, 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 1, Block 4, Gateway Church-114 Campus, an addition to the City of Southlake, Tarrant County, Texas, being approximately 6.826 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District to Case No. Attachment F ZA16-022 Page 3 “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: st City Council motion at 1 Reading: 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 Case No. Attachment F ZA16-022 Page 4 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 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 Case No. Attachment F ZA16-022 Page 5 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 in its entirety on the City website 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 it 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. th PASSED AND APPROVED on the 1st reading the 18 day of April, 2016. _________________________________ Laura Hill, MAYOR ATTEST: _________________________________ Lori Payne, CITY SECRETARY Case No. Attachment F ZA16-022 Page 6 nd PASSED AND APPROVED on the 2nd reading the 2 day of May, 2016. ________________________________ Laura Hill, MAYOR ATTEST: ________________________________ Lori Payne, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA16-022 Page 7 EXHIBIT “A” The Westin Hotel is located on property described as Lot 1, Block 4, Gateway Church – 114 Campus Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument #D210005156, Plat Records, Tarrant County, Texas, being approximately 6.826 acres. Case No. Attachment F ZA16-022 Page 8 EXHIBIT “B” Reserved for approved Site Plan Case No. Attachment F ZA16-022 Page 9