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Item 7 - MemoCase No. ZA22-0012 S T A F F R E P O R T April 14, 2022 CASE NO: ZA22-0012 PROJECT: Specific Use Permit for American Chinese Church EXECUTIVE SUMMARY: Specific Use Permit for American Chinese Church on property described as Lot 5R2, Thomas Easter No. 474 Addition, City of Southlake, Tarrant County, Texas, and located at 2801 E. Southlake Blvd., Suite 180, Southlake, Texas. Current Zoning: “S- P-2” Generalized Site Plan District. SPIN Neighborhood #8. REQUEST DETAILS: The property is generally located along E. Southlake Blvd. 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 8,000 sq. ft. lease space currently used by the Southlake Tutoring Academy. The Southlake Tutoring Academy currently operates Monday – Friday 1:30 pm - 6:30 pm (maximum capacity of 50 students for K - 8th grade) for the after school programs during the school year and 8:00 am to 6:00 pm during the summer. The church is proposing to utilize various rooms in the 8,000 sq. ft. lease space for worship services, Bible studies, and prayer meetings on the weekends only: • Friday evenings: 6:30-10:00 PM, for Bible studies and prayer meetings. • Saturday evenings: 6:30-10:00 PM, for set up and worship rehearsals. • Sunday: 9:30 AM-2:00 PM, for worship services, and Bible studies. The applicant indicates they will have about 20 participants at the Friday evening Bible study, 10 at the Saturday evening rehearsals, and approximately 40 at the private worship services on Sunday mornings. The applicant states that the future maximum number of attendees for the church is 180 members and the current tenant mix, adequate parking is provided. The Narrative provides additional information on the church, service hours, and parking. An adjacent tenant, Pokeworks, is located in an approximately 1,875 sq. ft. lease space, west of the Southlake Tutoring Academy and the remaining approximately 2,200 sq. ft. of the building is the Beanvoy Coffee shop in the west lease space of the building. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider a Specific Use Permit Request Department of Planning & Development Services Case No. ZA22-0012 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map (D) Surrounding Property Owners Responses (E) Resolution No. 22-011 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative Plans STAFF CONTACT: Dennis Killough (817)748-8072 Patty Moos (817)748-8269 Case No. Attachment A ZA22-0012 Page 1 BACKGROUND INFORMATION OWNER: SLTA Real Estate Investment, LLC APPLICANT: Arlington Chinese Church PROPERTY SITUATION: 2801 E. Southlake Blvd., Suite 180 LEGAL DESCRIPTION: Lot 5R2, Thomas Easter No. 474 Addition, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “S-P-2” Generalized Site Plan District HISTORY: The following includes history for all three (3) lots – 5R1, 5R2 and 4, T. Easter No. 474 Addition: March 19, 1996, the property was rezoned from “AG” Agricultural District to “S-P-2” Generalized Site Plan District with "B-1" Business Service Park District uses and limited “I-1” Light Industrial uses. A Concept Plan was also included with the approval. (ZA95-116) March 5, 1996, an SUP was approved for Outside Storage. (ZA95-117) June 3, 1997, a zoning change and concept plan was approved from “S-P- 2” Generalized Site Plan District with "B-1" Business Service Park District uses and limited “I-1” Light Industrial uses to “S-P-2” Generalized Site Plan District with “C-2” Local Retail Commercial District uses and “I-1” Light Industrial District uses. (ZA97-047) October 21, 1997, a site plan for Commerce Square / Shurgard was approved. (ZA97-081) February 2, 1999, a plat revision was approved for Lot 5R & 6. (ZA98-142) February 2, 1999, a revised concept plan was approved for Dry Clean Super Center. (ZA98-143). April 20, 1999, a site plan was approved for Dry Clean Super Center. (ZA99-011) September 19, 2000, a site plan was approved for Cornerstone Plaza One. (ZA00-079) March 20, 2001, a specific use permit for the sale of alcoholic beverages at Snookies was approved. (ZA01-014) September 16, 2014; a zoning change and site plan “S-P-2” zoning allowing “I-1” Light Industrial District uses on Lot 4, "C-2" Local Retail Commercial uses on Lots 5R1 & 5R2, and limited “C-3” General Commercial District uses to include an outdoor patio furniture display area to the permitted uses along with some modification to the existing zoning Case No. Attachment A ZA22-0012 Page 2 regulations for Lot 5R2 only, was approved specific to Lot 5R2 and Casual Living. (ZA14-029) February 2, 2016; City Council approved a specific use permit for Casual Living for two outdoor sales events for one year. (ZA15-146) CITIZEN INPUT: A SPIN Town Hall Forum was not held for this proposal. PARKING ANALYSIS: There are 81 parking spaces on the site. The proposed church lease space is approximately 8,000 sq. ft. There are currently two additional tenants in the remaining approximately 4,070 sq. ft. building space. 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 a maximum number of 180 members in the lease space. The church will require a maximum 60 parking spaces at full capacity. Parking Analysis Tenant Use Lease SF Parking Ratio Spaces Required Pokeworks Restaurant 1,875 1:100 sf 19 Beanvoy Coffee Shop 2,360 1:100 sf 22 Arlington Chinese Church/ Southlake Tutoring Academy Church 8,000 1:3 seats 60 Total NA 12,235 sf NA 101 Total Provided* NA NA NA 81 * Up to 100 percent of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, services establishments and similar uses not normally open, used or operated during the same hours, provided, however, that a written agreement thereto is properly executed and filed as specified below. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit or a certificate of occupancy. STAFF COMMENTS: Attached is Review Summary No. 2, dated April 14, 2022. • Approval of a church may affect the ability to permit the sale of alcoholic beverages for tenants that may fall within the minimum distance requirements per the Zoning Ordinance No. 480 under Section 34.1.d.9. • Approval of a Specific Use Permit does not relieve the applicant/owner from compliance with applicable Building and Fire Codes. 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, Case No. Attachment A ZA22-0012 Page 3 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 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. 45.5 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. 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 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 Case No. Attachment A ZA22-0012 Page 4 (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. \\SVFS002\THLocal\Community Development\MEMO\2022 Cases\0012 - SUP - Arlington Chinese Church Case No. Attachment B ZA22-0012 Page 1 Case No. Attachment C ZA22-0012 Page 1 Surrounding Property Owners SPO # Owner Zoning Address Acreage Response 1. ORION SKY PROPERTIES LLC SP2 2757 E SOUTHLAKE BLVD 3.61 NR 2. SLTA REAL ESTATE INVESTMENT LL SP2 2801 E SOUTHLAKE BLVD 1.74 NR 3. QT SOUTH LLC SP1 2905 E SOUTHLAKE BLVD 2.55 NR 4. SOUTHLAKE LAUNDRY LLC SP2 2821 E SOUTHLAKE BLVD 0.58 NR 5. 280 SPORT LLC SP1 280 COMMERCE ST 4.05 NR 6. HARBOR TOWN PARTNERS LP SP2 415 S NOLEN DR 2.73 NR 7. WYNDHAM PROPERTIES LTD SP2 2750 E SOUTHLAKE BLVD 3.28 NR 8. WYNDHAM PROPERTIES LTD SP2 2800 E SOUTHLAKE BLVD 0.20 NR 9. SEVENINVEST LLC SP2 515 NOLEN DR 1.55 NR 10. WYNDHAM PROPERTIES LTD SP2 3001 E STATE HWY 114 32.59 NR 11. SHURGARD/FREEMONT PARTNERS 11 SP2 2855 E SOUTHLAKE BLVD 4.67 NR 12. Superintendent of Carroll ISD NR 13. Superintendent of Grapevine Colleyville ISD NR 14. Superintendent of Northwest ISD NR 15. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirteen (13) Responses: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 13 Case No. Attachment D ZA22-0012 Page 1 Surrounding Property Owner Responses No responses received to date Case No. Attachment C ZA22-0012 Page 1 RESOLUTION NO. 22-011 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 5R2, THOMAS EASTER NO. 474 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2801 E. SOUTHLAKE BLVD., 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 “S-P-2” Generalized Site Plan 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 restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the Case No. Attachment C ZA22-0012 Page 2 granting of this Specific Use Permit: City Council motion: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS __th DAY OF _________, 2022. CITY OF SOUTHLAKE By: _________________________________ John Huffman, Mayor ATTEST: _________________________________ Any Shelley, TRMC City Secretary Case No. Attachment C ZA22-0012 Page 3 EXHIBIT A Case No. Attachment C ZA22-0012 Page 4 EXHIBIT B Reserved for Exhibits