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Item 6DCase No. ZA18-035 S T A F F R E P O R T April 24, 2018 CASE NO: ZA18-021 PROJECT: Specific Use Permit for Flourish City Church EXECUTIVE SUMMARY: Specific Use Permit for Flourish City Church on property described as Lot 1R, Brewer Industrial District, an addition to the City of Southlake, Tarrant County, Texas and located at 1800 E. State Highway 114, Southlake, Texas. Current Zoning: “B -1” Business Service Park District. SPIN Neighborhood #4. REQUEST DETAILS: The property is generally located along E. SH 114 approximately 1,000-feet east of Blessed Way. The applicant is requesting approval of a Specific Use Permit for a Church to be located within the existing approximately 28,000 sq. ft. commercial building. The church lease is for a 5-year term. The proposed tenant space is approximately 12,970 square feet. There are currently 2 other tenants in the building; an approximately 13,000 sq. ft. group and individual fitness training center, Driven Elite, and approximately 2,000 sq. ft. medical office, Southlake Sports and Spine. The church will have services on Sundays, initially one service and eventually adding services as needed to meet their growing membership. The church is proposing up to 250 seats in the sanctuary. Based on the 250 seats and the current tenant mix, adequate parking is provided. The Narrative provides additional information on the church, service hours, and parking. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider a Specific Use Permit Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Review Summary No.2 dated April 13, 2018 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Resolution No. 18-013 Full Size Plans (for Commission and Council members only ) PowerPoint Presentation Narrative Plans STAFF CONTACT: Ken Baker (817)748-8067 Patty Moos (817)748-8269 Department of Planning & Development Services Case No. Attachment A ZA18-021 Page 1 BACKGROUND INFORMATION OWNER: Southlake Brewer Partners, LLC APPLICANT: Flourish City Church PROPERTY SITUATION: 1800 E. State Highway 114, Suite 102 LEGAL DESCRIPTION: Lot 1R, Brewer Industrial District, an addition to the City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use CURRENT ZONING: “B-1” Business Service Park District HISTORY: May 1, 1984: City Council approved a plat showing for Lots 1 and 2, Brewer Industrial District. (ZA84-022) An amended plat was approved for Lots 1R and 2R. (ZA04-062) A plat revision was approved. (ZA08-106) CITIZEN INPUT: A SPIN Town Hall Forum was not held for this proposal PARKING ANALYSIS: There are 136 parking spaces on the site. The church lease space is approximately 12,970 sq. ft. There are currently 2 other tenants in the building; an approximately 13,000 sq. ft. group fitness training center, Driven Elite, and approximately 2,000 sq. ft. medical office, Southlake Sports and Spine. The Driven Elite operation hours are Monday –Thursday 5 am – 9 pm, Friday 5 am – 6 pm, Saturday 8:30 am – noon, Sunday 6 pm- 7:30 pm. The Southlake Sports and Spine operates Monday –Friday 8 am – 5:30 pm only. The proposed church is parked according to the ratio requires 1 space per 3 seats in the assembly area. The church is proposing up to 250 seats in the sanctuary. The church will require 84 parking spaces. The fitness training facility requires 6 parking spaces (based on the largest class). The medical office requires 14 parking spaces. The applicant has had preliminary discussions for a shared parking agreement with the adjacent property owner to the east. Parking Analysis Tenant Use Lease SF Parking Ratio Spaces Required Driven Elite Trade School Training 13,000 1:3 students 6* Southlake Sports and Spine Medical 2,000 1:150 14 Flourish City Church Church 12,970 1:3 seats 84 Total NA 27,970 NA 104 Total Provided NA NA NA 136 *Based on 16 students on a Saturday Case No. Attachment A ZA18-021 Page 2 PLANNING AND ZONING COMMISSION: April 19, 2018; Approved (5-0) as presented; subject to the Staff Report dated April 13, 2018. STAFF COMMENTS: Attached is Review Summary No. 2, dated April 13, 2018. Section 45 Specific Use Permit GENERAL PROVISIONS - The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480 -D): 45.1.2 Churches, synagogues, temples and other similar facilities for worship, fellowship and education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. 45.4 GENERAL REQUIREMENTS a. Any use permitted hereunder shall meet the minimum requirements provided in the district in which it is located. b. A specific use permit shall a utomatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. Case No. Attachment A ZA18-021 Page 3 f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off -street parking facilities for similar uses; location of ingress and egress points for parking and off -street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. City Council may grant variances to specific regulations asso ciated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following (As amended by Ordinance No. 480-MMMM): (a) A variance will reduce the impact of the project on surrounding residential propert ies; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. \\SLKSV1057\THLocal\Community Development\MEMO\2018 Cases\021- SUP- Flourish City Church Case No. Attachment B ZA18-021 Page 1 Case No. Attachment C ZA18-021 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA18-021 Review No.: Two Date of Review: 4/13/18 Project Name: Specific Use Permit for Flourish City Church APPLICANT: Flourish City Church OWNER: Southlake Brewer Partners, LLC Michael Dixon 878 S. Denton Tap Rd., Ste. 100 1 Rochester Ct. Coppell, TX 752019 Trophy Club, TX 76262 Phone: 972-920-3101 Phone: Email: michael.dixon@flourishstaff.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/2//2018 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 Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. Provide additional information on the number of parkin g spaces and include any information on a potential shared paring agreement. Informational Comments NOTE: A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months 45.1 GENERAL PROVISIONS - The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City C ouncil in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480 -D): 2. Churches, synagogues, temples and other similar facilities for wor ship, fellowship and education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially Case No. Attachment C ZA18-021 Page 2 outweigh the beneficial effects. c. Children's nurseries, child day care centers, and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. (As amended by Ord. 480-F.) Section 45.5 FACTORS TO BE CONSIDERED - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and gla re of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off -street parking facilities for similar uses; location of ingress and egress points for parking and off -street loading spaces; and protection of the public health by all weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the publ ic health, safety, morals and general welfare. i. City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following (As amended by Ordinance No. 480-MMMM): (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. _________________________________________________________________________________ Public Works/Engineering Review Case No. Attachment C ZA18-021 Page 3 Steve Anderson, P.E., CFM Deputy City Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us No comments based on the submitted information. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Due to the change in occupancy from a “B” Business, “M” Mercantile and “S” Storage, to “A” Assembly occupancy, the building will be required to be protected with an autom atic fire suppression system, sprinkler system. Due to the square footage in several areas of the building, which determines occupant loads for the areas, additional exit doors will be required for life safety. Install emergency egress lighting with battery back-up throughout the occupancy to allow for visibility during emergency conditions. Provide illuminated exit lighting with battery back-up above all required exit doors and pathways as required to easily locate exits. HVAC units over 2000 cubic feet per minute shall have a duct smoke detector mounted on the return side of the unit, that when activated, shall send an alarm condition to the building fire alarm panel and shut the unit down. If the units are located above ceiling tile, remote re set switches must be installed below the duct detector at an accessible location. A fire alarm system must be installed that complies with NFPA 72 and the 2015 International Fire Code with the City of Southlake amendments, for an “A” occupancy. (The tota l occupant load will determine fire alarm requirements) Ensure panic hardware is provided on all designated emergency exit doors, and all other locks and latches are removed from those doors. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us No comments. Case No. Attachment C ZA18-021 Page 4 General Informational Comments * Staff strongly recommends contacting Jerod Potts in the Planning and Dev elopment Services Department to schedule a SPIN meeting. Jerod can be contacted by phone at (817) 748 -8195 or by e-mail at jpotts@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * The Development Review Committee (DRC) has determined this pre -submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to com pleting the changes noted above. The applicant should be aware that a formal submittal for the next scheduled Planning and Zoning Commission meeting must be received at the City by 5:00 p.m. on Monday, April 2, 2018. A total of 10 revised sets must be submitted. If not received before the deadline, the item will be moved to a later P&Z agenda. If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * 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. * It appears that this property lies within the 65 or 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * denotes informational comment Case No. Attachment D ZA18-021 Page 1 Surrounding Property Owners SPO # Owner Zoning Address Acreage Response 1. MC PROPERTIES INC SP1 1940 E STATE HWY 114 1.14 NR 2. H D DEVELOPMENT PROPERTIES LP C3 1701 E STATE HWY 114 0.20 NR 3. HD DEVELOPMENT PROP. LP C3 300 VILLAGE CENTER DR 11.60 NR 4. BTH & RA ASSOCIATES INC MF1 400 BRIARWOOD DR 0.54 NR 5. TOTAL E&P USA BARNETT LLC AG 1750 E STATE HWY 114 8.08 NR 6. SOUTHLAKE BREWER PTNERS LLC B1 1800 E STATE HWY 114 2.42 F 7. BRIARWOOD TOWNHOMES LP MF1 420 BRIARWOOD DR 0.57 NR 8. DRIGGERS, RANDALL D SF1-A 450 BRIARWOOD DR 1.06 NR 9. TOTAL E&P USA BARNETT LLC AG 1750 E STATE HWY 114 7.84 NR 10. MH-2 PROPERTY LLC SF1-A 500 BRIARWOOD DR 1.07 NR 11. S T I C LLC SP1 1910 E STATE HWY 114 0.34 NR 12. S T I C LLC SP1 1900 E STATE HWY 114 0.57 NR 13. SC SOUTHLAKE MEDICAL LLC SP1 1920 E STATE HWY 114 0.56 NR 14. Superintendent of Carroll ISD NR 15. Superintendent of Grapevine Colleyville ISD NR 16. Superintendent of Northwest ISD NR 17. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fourteen (14) Responses: In Favor: 1 Opposed: 0 Undecided: 0 No Response: 13 Case No. Attachment E ZA18-021 Page 1 Surrounding Property Owner Responses Case No. Attachment E ZA18-021 Page 1 Case No. Attachment E ZA18-021 Page 2 Case No. Attachment E ZA18-021 Page 3 Outside 200 ft.: Case No. Attachment E ZA18-021 Page 4 Case No. Attachment E ZA18-021 Page 5 Case No. Attachment F ZA18-021 Page 1 RESOLUTION NO. 18-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON PROPERTY DESCRIBED AS LOT 1R, BREWER INDUSTRIAL DISTRICT, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 1800 E. STATE HIGHWAY 114, SOUTHLAKE, TEXAS. MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for church has been requested by a person or corporation having a proprietary interest in the property zoned as “B-1” Light Industrial District; and, WHEREAS, in accordance with the requirements of Sections 45.1(2) of the City’s Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted to allow a church on property within the City Of Southlake, Texas, more fully and completely described in Exhibit “A”, and as depicted on the approved plan attached hereto and incorporated herein as Exhibit “B” and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the res trictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: City Council motion: SECTION 2. This resolution shall become effective on the date of approval by th e City Council. Case No. Attachment F ZA18-021 Page 2 PASSED AND APPROVED THIS __th DAY OF _________, 2018. CITY OF SOUTHLAKE By: _________________________________ Laura Hill, Mayor ATTEST: _________________________________ Carol Borges, TRMC City Secretary Case No. Attachment F ZA18-021 Page 3 EXHIBIT A Lot 1R, Brewer Industrial District, an addition to the City of Southlake, Tarrant County, Texas and located at 1800 E. State Highway 114, Southlake, Texas. Case No. Attachment F ZA18-021 Page 4 EXHIBIT B Reserved for Exhibits