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Item 7L
City of Southlake Department of Planning STAFF REPORT January 31, 2003 CASE NO ZA02 -117 PROJECT: Southlake Harbor Church REQUEST: On behalf of Fickes & Dorety, Southlake Harbor Church is requesting approval of a specific use permit for Churches, Synagogues, and other similar facilities for worship, fellowship and education. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information SUP Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Other Responses Resolution No. 03 -012 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA02 -117 BACKGROUND INFORMATION OWNER: Fickes & Dorety APPLICANT: Southlake Harbor Church PURPOSE: The purpose of this request is to receive approval for a Specific Use Permit to allow a church to occupy a portion of a building located in Cornerstone Business Park. PROPERTY SITUATION: The property is located at 525 Nolen Drive, Suite 300. LEGAL DESCRIPTION: Lot 6, Block 5, Cornerstone Business Park LAND USE CATEGORY: Industrial CURRENT ZONING: "I -1" Light Industrial District HISTORY: -A Preliminary Plat was also approved in May of 1997. -The City Council approved a zoning change from "AG" to "I -1" Light Industrial District on May 6, 1997. -A Final Plat was approved by the City on September 4, 1997. P &Z ACTION: January 23, 2003; Approved (7 -0) not to exceed five (5) years. STAFF COMMENTS: Attached is Revised SUP Review Summary No. 2, dated January 31, 2003. The maximum seating in the main sanctuary will be for 203 persons. The site will meet the off - street parking (69 spaces) by using 100% of the parking allocated by the adjoining tenants on the site. The facility will be used for Sunday morning and evening services. All activities will be performed during off -hours of the adjacent tenants and will not conflict with the parking requirements for the adjacent users. A reciprocal parking agreement must be executed and filed in the County by the property owner allocating the use of all the parking spaces on the site by the church during their services. M \Community Development \WP - FILES \MEMO \2002cases \02- 117SUP.doc Case No. Attachment A ZA02 -117 Page 1 Vicinity Map Southlake Harbor Church 1000 0 1000 2000 3000 Feet N Case No. ZA02 -117 E Attachment B Page 1 �RiVE W — — — — — 2 -1 1 - 7 RECD j A N 0 6 2003 1 e Case No. Attachment C ZA02 -117 Page 1 U N 1- i +;k l v -ld P*YWO1S zooz 9 1 0,03� !OZ e�.L17W►7 4 4101 � - -) GL I L 'Y I n b Q L 7 ro I it 6 01 a z gas -a sb o r � 1 • 4 9 I+e.rl ➢ 9l" r v 3,N3W - �S J.711N9 N +aw 'tl•TI O �i s,i4 � - ,a w��a ra �tye S 77 ,II V.01 .I1T of GI X,11 i� Glx n x bn i71d d0 • �i18 /' �n1W blm � a y N y O V N I LAKE HAfZB � K CHURCH Lighting the path to peace. P.O. Box 93208 Southlake, Texas 76092 Phone: 817.416,5459 I n fog5outh lakeharbor.com City Administrators, Our church is currently applying for a special use permit for the property located at 535 Nolen. We plan to use the facility for Sunday morning worship services beginning around 9 AM concluding by 11:30 AM. We are anticipating around 150 people in attendance on Sunday mornings. We do sometimes have Sunday evening services which begin around 6 :30 PM. These services have an attendance of less than 100 people. We do plan to use the building for some small group meetings during the week, however, they would begin after normal business hours. I have spoken with the tenets sharing this location. We have discussed our meeting times and his hours and they are not concurrent. We have also talked about the shared parking lot as well. We both agree that our schedules are not in conflict, but rather contrast. Thank you, Matt Turner Pastor RECD JAIN 0 6 2003 Case No. ZA02 -117 Attachment C Page 3 FI*ckes*Dorety Development City of Southlake Southlake Town Square Southlake, TX 76042 RE: Reciprocal Parking Agreement This letter serves as an agreement to provide reciprocal parking for Southlake Harbor Church, to be located at 525 Nolen Dr., Suite 300, Southlake, TX Reciprocal parking will be allowed at 535 Nolen Dr. and 545 Nolen Dr. Fickes & Dorety Development are the Owner /Agent for the above properties. Gary ickes Fickes & Dorety Development Case No. ZA02 -117 Attachment C Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA02 -117 Revised Review No.: Two Date of Review: 01/31/03 Project Name: Site Plan — Southlake Harbor Church APPLICANT: Southlake Harbor Church OWNER: Fickes and Dorety Gary Fickes PO Box 93208 Southlake, TX 76092 Phone: (817) 416 -5459 Fax: 2875 Exchange Southlake, TX 76092 Phone: (817) 488 -4806 Fax: (817) 481 -4070 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/06/02 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 ORNEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. General Development Standards Applies Comments Corridor Overlay Regulations N N/A Residential Adjacency N N/A Building Articulation N N/A Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Must comply with Outdoor Lighting Ordinance No. 639 -B Label the street as S. Nolen Drive. A separate instrument was approved by the City Council and filed adding the directional indicator and correcting the spelling of the road. 2. Provide a Reciprocal Parking Agreement that is legally binding and filed at the County Courthouse as outlined in Section 35.2(a) and 35.2(b). The church will be using off - street parking required for other tenants of the building. The written agreement shall be filed with the application for a building permit or a certificate of occupancy. Case No. ZA02 -117 Attachment D Page 1 INFORMATIONAL COMMENTS No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. It appears that this property lies within the 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. Please be aware that any change of tenant /owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. ZA02 -117 Attachment D Page 2 Surrounding Property Owners Southlake Harbor Church --- F---'FF - T Case No. Attachment E ZA02 -117 Page 1 Owner Zoning Land Use Acreage 1. SLJ Cornerstone LTD L I -1 1. Industrial 1. 1.60 2. AKP Management LLC 2. I -1 2. Industrial 2. 1.36 3. Amar Saini Corp 3. I -1 3. Industrial 3. 1.65 4. J. Wang 4. I -1 4. Industrial 4. 0.82 5. L. Burchett 5. 1 -1 5. Industrial 5. 0.82 6. Market Loop LTD 6. I -1 6. Industrial 6. 0.82 7. SLJ Cornerstone LTD 7. I -1 7. Industrial 7. 1.61 8. Southlake Cornerstone 8. 1 -1 8. Industrial 8. 1.51 Business Park 9. Southlake Cornerstone 9. 1 -1 9. Industrial 9. 1.06 Business Park 10. SCBP -ALP 10. 1 -1 10. Industrial 10. 4.56 11. SLJ Cornerstone LTD 11. 1 -1 11. Industrial 11. 1.60 Case No. Attachment E ZA02 -117 Page 1 Surrounding Property Owner Responses Southlake Harbor Church Notices Sent: Eight (8) Responses: One (1) response from surrounding property owner within 200' notification area: • GenCap Partners (advisors for SCBP -A, L.P. and Southlake Cornerstone Business Park, L.P.) See attached email received 01 -23 -03 Case No. ZA02 -117 Attachment F Page 1 January 23, 2003 Dennis Killough & Planning and Zoning Commission Members: GenCap Partners (advisors for SCBP -A, L.P. and Southlake Cornerstone Business Park, L.P.) is concerned over off - street parking matters regarding the proposed SUP for Southlake Harbor Church at 525 Nolen Drive, Suite 300. (Case No. ZA02 -117) The building that the church proposes to occupy contains a total of 21,824 SF. The church plans to occupy 7,100 SF. We understand that the building's remaining 14,725 SF is currently being finished out for the Southlake Fitness Center and Family Karate Academy. This overall tenancy will bring the building to 1000 occupancy and also 100% finish out. The building design, as approved by P &Z, is based on a maximum office finish out of 85% with the remaining 15% designated as warehouse area. The proposed tenancy with 100% finish appears to be in violation of this requirement. The intended uses will also far exceed the building's approved parking ratio of 3 spaces per 1,000 SF of building area. Compounding the problem is the fact that the Fitness Center has hours of operation that will overlap many church activities held during evening hours. We realize that there may be reciprocal parking agreements with the two buildings located immediately to the south that can alleviate some of this problem, however, even so the church can easily generate 200 vehicles and more which will still result in parking overflow. Additionally, what if other tenants move into any of these three buildings that also have evening or weekend operations? Is the City of Southlake prepared to monitor tenants' hours of operation to ensure that parking problems due not escalate? What happens if the current single ownership of these three buildings becomes divided? GenCap Partners believes that if the church is approved it will be inevitable that our properties to the west and north of the 525 Nolen Drive building will be used for overflow parking. After all, our current parking lot is located directly across the street from the proposed church and fitness center. Why will fitness center patrons or church members park up to 600 feet south at Exchange Boulevard when they can simply park across the street in our lot? Our building at 500 Nolen Drive is still under lease -up. We cannot ascertain what our future tenants' businesses will be. For instance, a call center tenant could mean almost continual hours of operation. GenCap does not want to get into a situation where we may have to monitor our parking lot for unauthorized vehicles. This becomes a distasteful situation for everyone involved. Case No. Attachment F ZA 02 -117 Page 2 Unless we can be absolutely assured that parking issues will not arise, we oppose the approval of an SUP. We thank the P &Z members for considering our concerns. Sincerely, Jack Lovette GenCap Partners 12750 Merit Drive, Suite 1175 Dallas, TX 75251 Case No. Attachment F ZA 02 -117 Page 3 OTHER RESPONSES We received three letters from tenants adjacent to this property. Please see attachments. Case No. ZA 02 -117 Attachment G Page 1 DEEP SOUTH City of Southlake City Council Planning & Zoning Commission City Hall Southlake, Texas 76092 January 23, 2003 Dear Council members and Commissioners oz- I if - 1 C , V 'A r1,�Y t hG It is my understanding that it is the intent of the Southlake Harbor Church to enter into a lease agreement for the property located at 525 Nolen Drive, Southlake. Also, . that the normal services of Suuthlake Flarbor Church are held on Sunday, and that there are approximately 125 church members and 180 parking spaces currently available to those members. As occupant of 500 Nolen Drive, the property directly across the street from 525 Nolen Drive, I have no objection to the Church occupying €he intended space. Neither the Church services or the parking would impede the business operations of Deep South. Cordially, David J. Disiere CEO /Deep South Case No. Attachment G ZA 02 -117 Page 2 January 23, 2003 City of Southlake, Planning and Zoning Commission, 1400 Main St., Suite 300 Southlake, Texas 76092 R1 : Item 4 7 Case No. 02117 Dear Lorrie: Please advise the members of the Planning and Zoning Commission that I fully support the application by Fickes and Dorerty on behalf of the Southlake Harbor Church. As an adjoining tenant and business owner, I welcome the addition of this tenant and all of the uses requested before your commission. Sincerely, Scott Templeton, Owner, Southlake Family Karate Academy Case No. Attachment G ZA 02 -117 Page 3 January 23, 2003 City of Southlake, Planning and Zoning Commission, 4400 Main St., Suite 300 Southlake, Texas 76092 RE: Item 4 7 Case No. 02117 Dear 1.orrie: Please advise the members of the Planning and Zoning Commission that I fully support the application by Fickes and ©orety on behalf of the Southlake Harbor Church. S' ceely, M Hanlon, Own , Southlake Fitness Center Case No. ZA 02 -117 Attachment G Page 4 RESOLUTION NO. 03 -012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR CHURCHES, SYNAGOGUES, AND OTHER SIMILAR FACILITIES FOR WORSHIP, FELLOWSHIP AND EDUCATION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 6, BLOCK 5, CORNERSTONE BUSINESS PARK, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Churches, Synagogues, and other similar facilities for worship, fellowship and education has been requested by a person or corporation having a proprietary interest in the property zoned as "I -1" Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 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 for Churches, Synagogues, and other similar facilities for worship, fellowship and education on the property being legally described as Lot 6, Block 5, Cornerstone Business Park, an addition to the City of Southlake, as recorded in Cabinet A, Slide 4010, Plat Records, Tarrant County, Texas, and being approximately 1.61 acres, more fully and completely described in Exhibit Case No. Attachment H ZA02 -117 Page 1 "A ", and as depicted on the approved Concept 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 granting of this Specific Use Permit: 1. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2003. CITY OF SOUTHLAKE II Rick Stacy, Mayor ATTEST: Lori Farwell City Secretary Case No. Attachment H ZA02 -117 Page 2 EXHIBIT "A" Being legally described as Lot 6, Block 5, Cornerstone Business Park, an addition to the City of Southlake, as recorded in Cabinet A, Slide 4010, Plat Records, Tarrant County, Texas, and being approximately 1.61 acres. Case No. ZA02 -117 Attachment H Page 3 EXHIBIT `B" S OOW18'S9' E 3i4.U' �r` -10' UhL.�S317. � ;-4�TPE Bl�fiiRTtAn'0 �-" — ' . 7 � � • r I. \. t ] SPACES 9"x 18' l i 13 -SPACES 9' 24' FiRELAN PRO?. CONC. PAVNG ur `` 22 j SPACES' elf mt ar mr PROPOSED 21,824 S.F. OFFIICE /WAREHOUSE c1 a l - BUILDING 'O BE PR011DE0 MTH � � :- ^, FULL EIRE SPRINKLER PROTECTION e MAXIMUM AREA OFFICE FINISH C S F ; '�gSED XT J Y I r -� - A ✓EAT � � 1 LCY7 5.� a I � v JUEWALN 4 '- - - - !f b DOT J y PROP. CON- PAVING I �� 1 d 7 SP4CES'9' X 18' e 0 AC 9' RI 38' z j. I NOLA RIVE n= 17'19 (60' R..W.F — L 5 = 4.96' — J L = 4.96' 117 RECD JAN n 6 2003 Case No. Attachment H ZA02 -117 Page 4 Iz � pP i�c! U��lGf of iGC" IO le ii leg A 8 'l SToruks 1 b� uR Y y II xI 4 oRc gas rARTI T-N-1 A rFcra Io 9 esc two L Il C4ASS gM - /� Sl- � c Y 6 � '►9 V��v y w a,, �.rn er woHn�'y Derr, R.ry, MEN'f Q MAN BNTR'f . WAT" TOMAi. 41McIrru L 2oi RECD D G i 6 2002 2- -! 1 - 7 �A x I �11"R' LAKE HACiB CHURCH Lighting the path to peace. .g P.O. Box 93208 Southlake, Texas 76092 Phone: 817.416,5459 I nfogSouthlakeharbor.com City Administrators, Our church is currently applying for a special use permit for the property located at 535 Nolen. We plan to use the facility for Sunday morning worship services beginning around 9 AM concluding by 11:30 AM. We are anticipating around 150 people in attendance on Sunday mornings. We do sometimes have Sunday evening services which begin around 6:30 PM. These services have an attendance of less than 100 people. We do plan to use the building for some small group meetings during the week, however, they would begin after normal business hours. I have spoken with the tenets sharing this location. We have discussed our meeting times and his hours and they are not concurrent. We have also talked about the shared parking lot as well. We both agree that our schedules are not in conflict, but rather contrast. Thank you, Matt Turner Pastor RECD JAIN 0 6 2003 ,A 0 2 -U - 7 Case No. ZA02 -117 Attachment H Page 6 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. ZA02 -117 Attachment H Page 7