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Item 7CCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT October 24, 2011 CASE NO: ZA11 -057 PROJECT: Zoning Change & Site Plan for Gateway Church Addition EXECUTIVE SUMMARY: Mercury Radio Arts, Inc. is requesting approval of a Zoning Change and Site Plan from "CS" Community Service District to "S -P -1" Detailed Site Plan District. In addition to the existing "CS" district uses, this proposal adds "0-1" Office District uses to include specific provisions related to radio, television, internet broadcasting and production studio uses. The property is approximately 13.67 acres located at 2121 E. Southlake Blvd. This is the former location of Gateway Church's worship facilities. SPIN #8 DETAILS: The applicant Mercury Radio Arts, Inc. is requesting approval of a Zoning Change and Site Plan from "CS" Community Service District to "S -P -1" Detailed Site Plan District for purpose of adding the uses and regulations listed under Attachment `C'. The existing building that was operated by Gateway Church is being requested to be used primarily for radio /television /internet broadcasting and production and business office functions. The proposal includes provisions for installation of wrought fencing for secured parking areas, trash enclosure relocation, backup power generator and an accessory storage building. No other changes are proposed to the property or the exterior of building. ACTION NEEDED: 1) Consider Zoning Change & Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Revised Site Plan Review Summary No. 1, dated October 24, 2011 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -610 (H) Full Size Plans (for Commission and Council Members) STAFF CONTACT: Ken Baker (817) 748 -8067 Daniel Cortez (817) 748 -8070 Case No. ZA11 -057 BACKGROUND INFORMATION OWNER: Gateway Church APPLICANT: Mercury Radio Arts, Inc. PROPERTY SITUATION: 2121 E. Southlake Blvd. LEGAL DESCRIPTION: Lot 1 R, Block 1, Gateway Church Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: "CS" Community Service Zoning District PROPOSED ZONING: "S -P -1" Detailed Site Plan Zoning District HISTORY: - A Revised Plat was approved on September 17, 2002 by City Council for this lot under Planning Case ZA02 -073. - A Zoning Change and Site Plan was approved by City Council on May 1, 2001under Planning Case ZA00 -124 for the development of Gateway Church. CITIZEN INPUT: A SPIN Meeting was held on October 17, 2011. The report can be found under Attachment `C' of this staff report. PLANNING & ZONING COMMISSION: October 20, 2011; Approved (7 -0) subject to Site Plan Review Summary No. 1, dated October 13, 2011. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 1, dated October 24, 2011. N:1Community DevelopmenhMEMO12011 CasesD57 - ZSP - Gateway Church Addition (Mercury Radio Arts)1Staff Report Case No. Attachment A ZA11 -057 Page 1 Vicinity Map Gateway Church Addition State Hwy 114 E SOUTHLAKE BLVD (FM1709) ❑ O w a J J a m Y CO i - ZA 11 -0 57 Zoning Change & Site Plan 2121 E. Southlake Blvd. I� N W F. 0 450 900 1,800 Feet s Case No. Attachment B ZA11 -057 Page 1 Plans and Support Information Zoning Change Request Information APPLICANT. Mercury Radio Arts, Inc. ZONING APPLICATION ZONING APPLICATION Application Purpose; Use /Operation, and Compliance with Land Use Plan Narrative Applicant: Mercury Radio Arts is a fully integrated multi -media production company. Founded in 2002, Mercury has a full time staff of 100 employees and is currently based in New York. Purpose: The purpose of this Zoning Application is to request a Change of Zoning from the current CS -- Community Service District to SP1— Site Plan District that will incorporate the existing CS uses and include 0-1 Office District, as well as defining Site Plan specific based on Applicant's particular planned uses. The property will primarily be used for radioltelevisionlinternet broadcasting and production and administrativeltechlback office and business functions. Additionally, the property will be available for special events including concerts, lectures and speeches, film screenings, receptions, etc., as well as clientladvertiser meetings, charitable gatherings and banquets, e- Commerce businesses, on -site sales of merchandise, subscriptions, and gift shop type items, and multi -day conferences. Mercury currently operates online websites, newsletters, and subscription services that allow users to stream live audio and video content or podcast it to their computer. Land Use Plan: This Zoning Application for SP1 is consistent with the Land Use Plan and the present uses of neighboring and nearby properties which include Community Service, Office Commercial and Retail Commercial uses. Below is a list of the Permitted Uses being requested with this Zoning Application: (Remainder of this page intentionally left blank) Page 1 of 5 Case No. Attachment C ZA11 -057 Page 1 APPLICANT: Mercury Radio Arts, Inc. ZONING APPLICATION Below is a list of the Permitted Uses being requested with this Zoning Application: S -P -1 SITE PLAN DISTRICT PERMITTED USES shall include the following existing and specific uses as defined below: SITE PLAN SPECIFIC USES: 1. Radio /televisionlinternet broadcasting and production studios 2. Administrative /techlback office and business functions 3. Live audience will be a component of some but not all daily, weekly, and scheduled broadcasting and production calendar of events. 4, AuditoriumfTheater - Special events including lectures, speeches, concerts, film screenings, receptions, and other uses of a similar nature and character. 5. Client/advertiser meetings 6. Charitable gatherings and banquets 7, e- Commerce businesses (related to affiliated business) 8. On -site sales of merchandise, subscriptions, and gift shop type items 9. Multi -day conferences "CS" COMMUNITY SERVICE DISTRICT PERMITED USES: a. Public, semi - public and parochial /private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. b. Higher education institutions: Junior and senior colleges, universities, conservatories and seminaries, offering curricula recognized by collegiate, academic and professional organization accrediting boards. c. Museums, libraries, fine arts centers, and similar cultural facilities sponsored, operated or maintained for the benefit of the general public. d. Golf courses (except commercially operated miniature golf courses and commercially operated golf driving ranges) on a site containing a total area of not less than forty (40) acres; parks, playgrounds, community centers and country clubs. e. Institutions, rehabilitation and training centers offering non - academic programs, when operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis. f. Public safety facilities: Civil defense operational centers, police and fire stations and Page 2 of 5 Case No. Attachment C ZA11 -057 Page 2 APPLICANT: Mercury Radio Arts, Inc. training facilities. ZONING APPLICATION g, Utility buildings and structures: power sub - stations, water tanks and reservoirs, water and sewage treatment plants. h, Religious institutions: churches and facilities for worship, fellowship, and education. i. City halls or other municipal office uses, 0-1 OFFICE DISTRICT PERMITTED USES: Office Uses 1. Accounting and tax preparation; 2. Adjustment and collection services; 3. Advertising agencies; 4. Architecture; 5. Banking; 6. Billpaying services; 7. Business corporate headquarters (when used for office purposes only); S. Business holding and investment services; 9. Chamber of Commerce; 10. Chiropractors; 11. Computer services; 12, Consumer and mercantile credit reporting; 13, Contractors offices (provided no outside storage or display is permitted); 14, Dentists; 15. Duplication and mailing services; 16. Employment services; 17. Engineering; 1 S. Finance; 19. Interior design; 20. Land surveying; 21. Lave; 22. Management consultants; 23. Optometrists; 24. Other offices of a business andfor professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise. 25. Physicians; 26. Podiatrists; 27. Psychiatrists; Page 3 of 5 Case No. Attachment C ZA11 -057 Page 3 APPLICANT: Mercury Radio Arts, Inc. ZONING APPLICATION 28. Psychologists; 29. Radio recording and television broadcasting offices and studios; 30. Real estate and insurance; 31. Savings and Loan; 32. Securities and commodities brokers, dealers, underwriters and exchange offices; 33. Stenographic services; 34. Title companies; 35. Travel bureaus or services; 36. Utility offices; Community Facility Uses 1. Public, semi - public and private parks; 2. Recreation and open space to include playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridal trails, nature centers, and bird and wildlife sanctuaries; 3. Libraries; 4. City halls, fire and police stations, and other municipal uses; and 5. Other uses of a similar nature and character. SCREENING and LANDSCAPING PLAN. The Project has existing Screening and Landscaping improvements which will continue to be maintained. Additionally, in connection with this Zoning Application, the Applicant is also presenting for approval an additional security fencing plan as shown on the attached FENCING Exhibit, The new Fencing will include wrought iron secured parking fencing on both the north and south sides of the building for security purposes and designated employee and special guests parking. Additionally at a future date, Applicant is evaluating additional security fencing may be necessary and will work with City Staff on location and design. Preliminary options have been discussed! with City Staff to address potential vehicular stacking and access requirements for traffic control and fire /emergency access in connection with perimeter access control to ensure compliance with applicable ordinances. ACCESSORY USE, At a future date, it may become necessary for Applicant to provide on site storage of records, file materials, production sets /equipment which are ancillary to or a portion of the office and business activities conducted. Page 4 of 5 Case No. Attachment C ZA11 -057 Page 4 APPLICANT: Mercury Radio Arts, Inc. ZONING APPLICATION Applicant shall work with City Staff on the construction and location of such Accessory Buildings) at such future date as it may be determine such approved accessory uses may be critical to the business operations. There is an existing TrashlDumpster enclosure on the Property. In evaluating security parking configurations, it may be necessary to relocate existing TrashlDumpster enclosure. The enclosure may be relocated across the drive aisle and remove the need for the proposed slide gate entry_ Applicant shall work with City Staff on relocation options if needed but Applicant desires to address the potential relocation option in connection with this Zoning Application as an approved Accessory Use. Back -up Generator. Currently the property is not equipped with a Back -up Generator. Applicant is evaluating the potential future need. if Applicant determines that it is in the best interest of the property and business uses of the Building to provide back -up generator capabilities, Applicant is requesting that this Accessory Uses be an approved use and will work with City Staff on construction design and location at such time as it is determine a practical need and necessary to the business operations of the Property. MAXIMUM IMPERVIOUS COVERAGE. The maximum impervious coverage currently in place for the Property is being modified by the City of 5outhlake in connection with the transfer of land along the southwest boundary and connecting to the Village Center roadway to provide additional access to Village Center for the adjacent residential subdivision. Additionally, according to the Master Thoroughfare Plan, additional land area is anticipated to be necessary for the planned extension of Village Center to the south and then turning back to the east along the southern border of the Property. Consequently, the maximum impervious coverage requirement for the total lot area will be considered non- conforming due to the additional city roadway expansions within the property lot area. Consequently, Applicant is requesting in connection with this Zoning Application a waiver of the maximum impervious coverage due to city roadway expansions currently in process and planned according to the Master Thoroughfare Plan. MAXIMUM LOT COVERAGE: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50) percent of the lot area. 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KGA — 11 ! ; =:ro1 I y >ee;�aao 7111 1— Smelio66 .11—d. 76097 SITE PLAN pYWfY « A- 101.00 C) o D� � N TD o Z cn O 4 - D a1 0 S N C4 3 TD '* -- i I r - -------- - x1m. _ -_[t --------- i adr 1 , 1 I I 1 1 R 1 I li E%ISTW, BUILDING JI ;1 C/7 i y \ , I I Il _ , /Y flfll�IF `� a.• 1 lf 9N � � I � � I - I I I 7 E \, ,I I �I ti_------------------- -- --- r�---------------- -- - - - - -- � I I 1 SITE FLAN - PARIONG 1EC11R11Y FENCE I m Alterations to 2121 East Sov+lake Blvd Sou+lake, TX 76092 ,,I.v, liAnlc i)AD.aw. d h Mrk_ a ib Plwr Yak „�.. YeY 100:0 hc�i M1byp fM1Ldr M^.1 iM a-ac ] iv W-YaR Nf 10010 weps KGA Yal,, 10001 ld: alaa7elel Fc 111.W7.0590 map _. A-.-. 2171 ban 5.40" eaa_a,d, ere -WN 7-w, 70091 SITE PLAN M OfN M ww A- 101.00 -4 AI . ofre 9Of 41 MR� Alrerorans to JT I I 2121 Eosl Sout h6ke Blvd -- ' -- i SouthlokeTX 76092 �I 4 I � Lljll 2 RncxelevAnooaocve + cF a ,,,,,, , � � oownacw Isl.r. 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ZA11 -057 PROJECT NAME: Gateway Church Addition SPIN DISTRICT: SPIN # 8 MEETING DATE: October 17, 20'11 —7:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3 A/B TOTAL ATTENDANCE: Sixteen (16) • SPIN REPRESENTATIVE(S) PRESENT: Pattie Minder (# 8) • APPLICANT(S) PRESENTING: Debra Perryman, Leanne Brown, Joseph Kerry • STAFF PRESENT: Daniel Cortez, Planner I STAFF CONTACT: Daniel Cortez, Planner I, (817)748 -8070; dcortez(a)ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 2121 E. Southlake Boulevard across and is the former location of the Gateway Church_ Development Details • Mercury Radio Arts, Inc. is requesting approval of a Zoning Change and Site Plan from "CS" Community Service District to "S -P -1" Detailed Site Plan District. In addition to the existing "CS" district uses, this proposal adds "0-1" Office District uses to include specific provisions related to radio, television, internet broadcasting and production studio uses_ The property is approximately 13.67 acres located at 2121 E. Southlake Blvd. Case No. Attachment C ZA11 -057 Page 10 1 = - _ i ss _ a a �- IIIIO Ie1leMelell�e l . " .7 � canner caw emul I'1 Case No. Attachment C ZA11 -057 Page 10 QUESTIONS / CONCERNS • Are you going to require all the parking? We will not use all the parking spaces on a regular basis but there will be events hosted that more parking will be used. • Is this a lease or purchase? o We are looking to purchase but that will be contingent upon approval of the zoning request. • Would they ever put up a tower or antenna? o No, since, its an Internet based production so the changes would primarily be the removal of the cross on top of the building. • Do you see any problems with the center divider on Southlake Boulevard? o We will have a traffic engineer do an assessment to see what type of impacts it will have on the site due to limited access_ • Who is going to handle security issues with the property? o Mercury Radio Arts will have a security detail on site whenever it is necessary but we currently don't know any name of a company or group who will be providing the security. • Will there be a building for someone to check tickets to see if they are allowed? o Currently it hasn't been evaluated but more than likely there will be a staff member there checking tickets. • Do you have a picture of the gates? o The gates will be an 8 -foot black wrought iron gate. • Will there be equipment trucks there parked regularly? o There may be some vehicles used for specific taping dates but it will not be on a regular basis_ • Will there be additional landscaping or tree planting? o Not at this point • What are you going to do about the open lot to the west? o Nothing is planned currently and is a part of the open space of the lot_ • How many people did the church have on a regular service or special event, will this use be less? o This use would require less parking than the church demanded. • How old is this company, ftlercury Radio Arts? o Since 2002 the company has been established. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment C ZA11 -057 Page 11 REVISED SITE PLAN REVIEW SUMMARY Case No.: ZA11 -057 Review No.: ONE Date of Review: 10/24/2011 Project Name: Gateway Church Addition APPLICANT: Mercury Radio Arts, Inc. OWNER: Gateway Church Contact - Debra Perryman Doug Sluiter 1132 Avenue of the Americas, 34 th Floor 500 S. Nolen Dr., Ste. 300 New York, NY 10036 Southlake, TX 76092 Phone: (817) 849 -8282 Phone: (817) 552 -3757 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/3/2011 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 DANIE CORTEZ AT (817) 748 -8070. 1. Show relocation of trash enclosure and location of generator. Please be aware generator operation must comply with the City Noise regulations. 2. Please provide regulations pertaining to proposed accessory storage building (i.e. size, height, materials, location, etc.). 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. All mechanical equipment must be screened of view 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. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Denotes Informational Comment Case No. Attachment D ZA11 -057 Page 1 Surrounding Property Owners Gateway Church Addition 11 3 g 10 6 2 5 7 18 8 17 4 19 16 4 13 1 15 1 12 SPO # Owner k Zoning Land Use Acreage Response 1. Carroll ISD CS Public /Semi - Public 35.39 NR 2. Ethan Allen Retail Inc SP1 Retail Commercial 2.06 NR 3. Inland W Southlake Corners Ltd C3 Regional Retail 16.71 NR 4. Gateway Church CS Office Commercial 13.66 NR 5. Mullins & White Prop Inc 01 Office Commercial 1.30 NR 6. Halek, Jason A & James M 01 Office Commercial 1.47 NR 7. Mullins & White Properties Inc 01 Office Commercial 0.74 U 8. Mullins & White Properties 01 Office Commercial 0.72 NR 9. Southlake Food Mart Lp C3 Town Center 0.94 NR 10. Wendys International Inc C3 Town Center 0.79 NR 11. Eqyinvest Owner II Ltd Up C3 Town Center 13.15 NR 12. Dorris, Carlos E Etux Karen W SF1 -A Low Density Residential 3.64 NR 13. Chapman, Teresa SF1 -A Low Density Residential 2.73 NR 14. Taylor, John G Etux Martha T SF1 -A Low Density Residential 1.17 NR 15. Heath, Michael B Etux Laura M SF1 -A Low Density Residential 1.07 F 16. Raney, Lloyd E Etux Frankie L SF1 -A Low Density Residential 0.98 U 17. Minder, Jonathan E SF1 -A Low Density Residential 1.01 NR 18. Landrum Holkings Llc 01 Office Commercial, Low Density Residential 0.97 NR 19. Greenway- 1709 /Eleven Partners B1 Retail Commercial, Office Commercial 9.39 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) Responses Received: Three (3) Case No. Attachment E ZA11 -057 Page 1 Surrounding Property Owner Responses Notification Response Form ZA11 -057 Meeting date: October 20, 2011 at 6:30 Phil Mullins & White Properties Inc 140 S Village Center Dr Southlake Tx, 76092 16563 1 3 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Additional Signature: 410 Printed Names ):, rc keg Must be property owner(a) whose name(s) are printed at top. 41 -y d vix a v rrl Phone Number (optional): 91'7 - STZ - 97'� Case No. ZA11 -057 Rate. 4� 6%AX1 -0f ida.j LRrt� 'mss► 1 (ICT 4 0 2011 Attachment F Page 1 Space for comments regarding your position: Notification Response Form ZA11 -057 Meeting Date: October 20, 2011 at 6.30 FPM Raney, Lloyd F Etux Frankis L 209 Westwood Dr Sou#hiake Tx, 76092 - 47'585 1 23 PLEASE PROVIDE COMPLETED FORMS VIA MAIL., FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted move, are hereby in favor ar apposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: 2 6d •F eA r Cdr. s e - -�- 2 s,_ - e_� f•5 1.�'� Signature �' -. Date:' I Additional Signature: Date: Printed Names). L L� Mast he Properly 4WM(S) Whose nama(s) are printed at top. Otherwise contsel the Planning ae.parinwnt. One form per property. Rhone Number (optional): 4 a dstr :zo 6I f3 1 Case No. Attachment F ZA11 -057 Page 2 From: 10120/2011 08:21 Notification Response Form ZA11 -057 Meeting Date: October 20, 2011 at 5:341 PM Heath, Michael B Etux Laura M 211 Westwood Ear Southlake Tx, 78092 47585 1 22 #249 P.001I001 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are thereby in favor v opposed to undecided about (circle or underline one) the proposed Zoning Change and Site Plan referenced above. Space for comments regarding your position: rr . -._ 1 11111 If Signature: �/�� � � Date: *2& Additional Signature: Date: Printed Names): - M ��_ -_- Must be property owner(&) whose names) are printed at top. Otherwise contact the Planning department, One form per property. Phone Number (optional): Case No. Attachment F ZA11 -057 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -610 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 DESCRIBED AS LOT 1R, BLOCK 1, GATEWAY CHURCH ADDITION, BEING APPROXIMATELY 13.675 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, 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, WHEREAS, the hereinafter described property is currently zoned as "CS" Community Service District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA11 -057 Page 1 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 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 Case No. Attachment G ZA11 -057 Page 2 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 R, Block 1, Gateway Church Addition, Southlake, Tarrant County, Texas, being approximately 13.675 acres, and more fully and completely described in Exhibit "A" from "CS" Community Service Zoning District, to "S -P -1" Case No. Attachment G ZA11 -057 Page 3 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: 1. 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 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. Case No. Attachment G ZA11 -057 Page 4 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 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 Case No. Attachment G ZA11 -057 Page 5 ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) 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 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. PASSED AND APPROVED on the 1st reading the 1 st day of November, 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 15 day of November, 2011. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA11 -057 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA11 -057 Page 7 *:/:11:31 W_11 RESERVED FOR METES AND BOUNDS DESCRIPTION Case No. Attachment G ZA11 -057 Page 8 EXHIBIT "B" RESERVED FOR APPROVED SITE PLAN Case No. Attachment G ZA11 -057 Page 9