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)
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ZA 11 -0 57
Zoning Change & Site
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2121 E. Southlake Blvd.
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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.
Updated 10111
Page 5 of 5
Case No. Attachment C
ZA11 -057 Page 5
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Case No. Attachment C
ZA11 -057 Page 9
SOUTHLAKE
SPIN MEETING REPORT
CASE NO. 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
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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.
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'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,
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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
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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"
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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.
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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
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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:
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CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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*:/:11:31 W_11
RESERVED FOR METES AND BOUNDS DESCRIPTION
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EXHIBIT "B"
RESERVED FOR APPROVED SITE PLAN
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