Item 6D (2)
Department of Planning & Development Services
S T A F F R E P O R T
November 9, 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 “O-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 and backup
power generator. The applicant has also indicated in their exhibits that the
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accessory storage building and 2 floor expansion which modified the exterior will
not be a part of this request and the applicant would file an application again when
they decide it is necessary to have these additions. The applicant has provided
responses under Attachment ‘C’ of this staff report addressing the motion made by
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City Council in addition to exhibits and a presentation from the 1 reading approval
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and will also go into further detail with their presentation of this item at the 2
Reading.
ACTION NEEDED: 1) Consider Zoning Change & Site Plan Approval Request
2) Conduct Public Hearing
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
Applicant’s Presentation to City Council
(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
for Commission and Council Members
(H) Full Size Plans ()
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 1R, 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
Planning Case ZA02-073
this lot under .
- A Zoning Change and Site Plan was approved by City Council on May 1,
Planning Case ZA00-124
2001under 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.
CITY COUNCIL:
November 1, 2011; Approved (7-0), first reading, noting that the applicant
will bring forward the following prior to the next meeting:
1) Alternative dumpster location that will be in compliance with existing
screening ordinances;
2) A western building elevation showing how the setback will be
brought forth on the second floor for the additional square footage;
3) An accessory building elevation detail and location proposals;
4) A traffic mitigation plan to handle the historical traffic issues with
alternative use times, noting there is a median in place and to
consider additional right-of-way to be granted to the City on the
southern property border;
5) Any potential changes in color scheme in vertical improvements
shall be brought forward to Council;
6) Potential mechanical items included on roof shall be shown and
proposed methods of screening in accordance with existing
ordinances;
7) Permitted uses No. 8, 9, and 10 noted in the report will be removed;
staff will bring forward a clarification of the uses under Item 11 in the
report’s said list;
8) Applicant to bring forward a more definitive Plan B fencing and
stacking design and how Plan B will be constructed in accordance
with recommendations for masonry column spacing;
9) Plan A fence will have a revised plan to include masonry column
components;
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10) Additional fencing proposal commitment in the event Village Center
is constructed on the southern border of the property and how it will
be addressed;
11) A lighting plan regarding on and off timing of the existing parking lot
lights and proposals for additional screening on the perimeter on the
property for said lights;
12) and subject to the 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.
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Plans and Support Information
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Response Letter to approval at 1 Reading
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Zoning Application Narrative
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Zoning Exhibits
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Original Approved Site Plan (ZA00-124)
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REVISED SITE PLAN REVIEW SUMMARY
ZA11-057ONE10/24/2011
Case No.: Review No.: Date of Review:
Gateway Church Addition
Project Name:
APPLICANT: OWNER:
Mercury Radio Arts, Inc. Gateway Church
Contact - Debra Perryman Doug Sluiter
th
1132 Avenue of the Americas, 34 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 DANIEL 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
.
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Surrounding Property Owners
Gateway Church Addition
SPO # Owner 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 O1 Office Commercial 1.30 NR
6. Halek, Jason A & James M O1 Office Commercial 1.47 NR
7. Mullins & White Properties Inc O1 Office Commercial 0.74 U
8. Mullins & White Properties O1 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 Llp 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
Office Commercial, Low
18. Landrum Holkings Llc O1 0.97 NR
Density Residential
Retail Commercial, Office
19. Greenway-1709/Eleven Partners B1 9.39 NR
Commercial
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Nineteen (19)
Responses Received:
Three (3)
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Surrounding Property Owner Responses
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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 ad 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 1R, 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.
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PASSED AND APPROVED on the 1st reading the 1 day of November, 2011.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
th
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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EXHIBIT “A”
RESERVED FOR METES AND BOUNDS DESCRIPTION
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EXHIBIT “B”
RESERVED FOR APPROVED SITE PLAN
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