Department of Planning & Development Services

Transcription

1 Department of Planning & Development Services S T A F F R E P O R T March 12, 2014 CASE NO: PROJECT: EXECUTIVE SUMMARY: DETAILS: ZA Zoning Change and Site Plan for the Westin Hotel Kimley Horn and Associates, Inc. is requesting approval of a Zoning Change and Site Plan for the Westin Hotel from NR-PUD Non-Residential Planned Unit Development District to S-P-1 Detailed Site Plan District with HC Hotel District Uses and other related uses as depicted in the applicants narrative for the development of a hotel and parking garage on approximately 6.83 acres located at 1200 E. State Hwy 114. SPIN Neighborhood # 4 Kimley Horn and Associates, Inc. is requesting approval of a Zoning Change and Site Plan for the Westin Hotel from NR-PUD Non-Residential Planned Unit Development District to S-P-1 Detailed Site Plan District with HC Hotel District Uses and other related uses as described in the applicant s narrative under Attachment C of this staff report. The current zoning on this property was approved by City Council in 2007 for the development of the Gateway Church campus which also allowed for HC Hotel District uses in this area of their development. The proposed hotel includes areas with restaurant/lounge, conference/ meeting space, retail space and other hotel related support services (back of house services). The proposal also includes a 3-level parking garage with approximately 400 parking spaces in addition to the 95 surface parking spaces located mainly around east and south perimeter of the site. The materials used on both the hotel and parking structure are a mixture of stucco, stone and glass curtain wall with aluminum and metal accent features throughout. The following is a site data summary of the proposed hotel: Westin Hotel Gross Acreage 6.83 Existing Zoning NR-PUD Proposed Zoning S-P-1 Impervious Coverage 82% Open Space Acreage (%) 18% Number of Lots 1 Number of Buildings 1 Number of Floors 7 Total Floor Area 277,150 sq. ft. Required Parking 495 Provided Parking 500 ZA14-006

2 Variance Driveway Stacking Depth - The Driveway Ordinance No. 634 requires for this site to have 150-feet of driveway stacking depth at each of the two driveways (Driveway A and B) for the 500 parking spaces being proposed on site. The applicant is proposing to have approximately 33-feet at each driveway along Grace Lane. ACTION NEEDED: Consider 1 st Reading Zoning Change & Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) SPIN Meeting Report January 6, 2014 (E) Site Plan Review Summary No. 3, dated March 11, 2014 (F) Surrounding Property Owners Map and Responses (G) Ordinance No (H) Full Size Plans (for Commission and Council members only) STAFF CONTACT: Ken Baker (817) Daniel Cortez (817) ZA14-006

3 BACKGROUND INFORMATION OWNER: APPLICANT: Gateway Church Kimley Horn and Associates, Inc. PROPERTY SITUATION: 1200 E. State Hwy 114 LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: HISTORY: Lot 1, Block 4, Gateway Church 114 Campus Addition Mixed Use NR-PUD Non-Residential Planned Unit Development District S-P-1 Detailed Site Plan District with HC Hotel District Uses - On June 17, 1997 the City Council approved a Zoning Change and Concept Plan for NR-PUD Non-Residential Planned Unit Development District under Planning Case ZA (Ordinance No ). - On August 21, 2007 the City Council approved a Preliminary Plat for the Gateway Church campus under Planning Case ZA On August 21, 2007 the City Council approved a Zoning Change and Concept Plan for the Gateway Church campus from NR-PUD Non- Residential Planned Unit Development District to NR-PUD Non- Residential Planned Unit Development District with religious institutions as the primary use under Planning Case ZA (Ordinance No a). - On May 8, 2008 the Planning & Zoning Commission approved a Final Plat under Planning Case ZA CITIZEN INPUT: A SPIN meeting was held on January 6, 2014 for this proposed development. A copy of this report can be found under Attachment C of this staff report. SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates this property as Mixed Use. The Mixed Use land use designation is defined within Southlake 2030 as the following: The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Attachment A ZA Page 1

4 Typically, the Mixed Use designation is intended for medium- to higherintensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. Hotels within the Mixed Use land use designation are described as the following: o Hotel uses should be full-service hotels at market-driven locations, primarily in the S.H. 114 Corridor. Full-service, for the purposes of this plan, shall be hotels that include a table-service restaurant within or directly attached to the hotel. Other services or amenities typically included would be bell service and room service, as well as available meeting space. o The desire is to approve hotels adequate to support market-driven commerce in the City, paying attention to the product mix such that the hospitality services in the area are complementary to one another. According to both these descriptions, the proposed hotel development is consistent with the intent of the land use description and hotel description. Urban Design Plan The Urban Design Plan also includes a few recommendations pertaining to the State Highway 114 corridor where this site is proposed to be located. They are as follows: o Establish appropriate scale and bulk standards for buildings along the highway, specifically at mid-block locations. Buildings should be 4 6 stories tall and step down as they move away from the highway corridor. Buildings over three stories should be articulated along the first three floors. Materials on the lower floors should be brick, stone or other approved masonry. Low-profile, single story pad buildings that tend to blend into the background and have limited visibility from the highway are discouraged o The view of surface parking from the highway should be limited. Surface parking lots should be designed to be in smaller pods (no more than 200 parking spaces) with increased landscaping and pedestrian accessways. o Structured parking is encouraged over surface parking. Specifically, shared parking is also encouraged between adjoining complementary land uses. Special attention should be given to the design of parking garages to avoid plain facades with views of parked cars from adjoining properties and rights-of-ways. Façade details, vertical and horizontal courses such as cornices, lintels, sills, and water courses should be used to add interest along facades. To the extent possible, parking garages should be located behind Attachment A ZA Page 2

5 principal structures to limit views from the highway. This proposed development has a parking garage located towards the rear of the site screened from the highway by the hotel making this request consistent with the intent within the Urban Design Plan recommendations. Mobility Master Plan On the City s Thoroughfare Plan within the Mobility Master Plan Grace Lane is shown to be a 100-foot, 4-lane divided arterial (A4D). During the development of the Gateway Church campus, a variance was granted for Grace Lane to be reduced to an 80-foot divided arterial. The Active Transportation section of the City s Mobility Master Plan recommends an 8-foot or greater multi-use trail along the frontage road of State Highway 114. The applicant is proposing a 10-foot sidewalk along the frontage road and a 6-foot sidewalk along Grace Lane. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed development will have access onto Grace Lane by the way of two driveways, labeled on the site plan as Driveway A and Driveway B. Grace Lane is currently built with 100-feet of right-of-way and a median closest to the State Highway 114 frontage road then narrows down to an 80-foot undivided roadway. A Traffic Impact Analysis (TIA) was provided by the applicant for this development. City staff has received comments from its consultant regarding this TIA. These comments can be found under Attachment E of this report. Attachment A ZA Page 3

6 SH 114 Frontage Road - Exit Ramp to Carroll Avenue (017W) 24hr West Bound (7,308) AM Peak AM (475) 7:45 AM 8:45 AM PM Peak PM (733) 5:30 6:30 PM * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact Use Rooms Vtpd* AM- AM- PM- PM- IN OUT IN OUT Hotel (310) 276 1, * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7 th Edition TREE PRESERVATION: UTILITIES: There is approximately 65% tree coverage on this site. The applicant has indicated to staff that only 40% of these trees are considered to be healthy. The S-P-1 zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council s approval. Due to the amount of grading this development will require, no trees will be preserved and therefore the applicant did not develop a tree conservation plan. Water The site has access to an existing 20-inch water line along the State Highway 114 frontage road and an 8-inch water line along Grace Lane. Sewer The site will have access to an 8-inch sewer line that was installed during the development of the Gateway Church campus. PLANNING & ZONING COMMISSION: February 20, 2014; Approved (6-0) as presented subject to Site Plan Review Summary No. 2, dated February 13, 2014 and staff report dated February 14, 2014 and granting the requested variance. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated March 11, N:\Community Development\MEMO\2014 Cases\006 - ZSP - Westin Hotel\Staff Report Attachment A ZA Page 4

7 Attachment B ZA Page 1

8 Plans and Support Information Attachment C ZA Page 1

9 Attachment C ZA Page 2

10 Proposed Site Plan Attachment C ZA Page 3

11 Proposed Landscape Plan Attachment C ZA Page 4

12 Proposed Elevations Attachment C ZA Page 5

13 Conceptual Floor Plan Attachment C ZA Page 6

14 Site Amenities Attachment C ZA Page 7

15 Attachment C ZA Page 8

16 Attachment C ZA Page 9

17 Attachment D ZA Page 1

18 Attachment D ZA Page 2

19 Attachment D ZA Page 3

20 Attachment D ZA Page 4

21 SITE PLAN REVIEW SUMMARY : ZA Review No.: Three Date of Review: 03/11/2014 Project Name: Westin Hotel APPLICANT: Kimley-Horn & Associates, Inc. OWNER: Seneca Rochester Harrell Southlake JV Anna Carrillo, P.E. Warner Stone 801 Cherry St., Ste Westgrove Dr., Ste. 100 Fort Worth, TX Addison, TX Phone: (817) Phone: (214) Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/06/2014 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 THE APPROPRIATE STAFF MEMBER. Planning Review Daniel Cortez, AICP Principal Planner P: (817) E: dcortez@ci.southlake.tx.us 1. The following comments pertain to driveways and the Driveway Ordinance No. 634: a. Both driveways onto the site do not meet the minimum stacking depth of 150-feet. A Variance has been requested for this requirement. 2. No more than 50% of any facade may be reflective glass. For the purposes of this ordinance, reflective glass shall be defined as glass having a reflectance of greater than 10%. As mentioned at the Planning & Zoning Commission meeting, the glass was proposed to have less than 10% reflectance. 3. Please be aware no signage is being approved for this development if the zoning change and site plan are approved. A separate sign permit will need to be obtained for any signage including but not limited to building signs, directional signs and monument signs. Steve Anderson, P.E., CFM Civil Engineer Phone: (817) sanderson@ci.southlake.tx.us Public Works/Engineering Review Contact Steve Anderson with any general engineering questions. General engineering requirements will required during the civil engineering review of this development. Lee Engineering s review on the Traffic Impact Analysis provided by the applicant can be found on the next several pages. Attachment E ZA Page 1

22 Attachment E ZA Page 2

23 Attachment E ZA Page 3

24 Attachment E ZA Page 4

25 Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) GENERAL COMMENTS: 1. The proposed structure will be considered a high-rise building as per the City of Southlake amendments to the 2009 International Fire Code. 2. No comments were made pertaining to the parking structure due to the limited amount of information provided. (Parking garage will be reviewed with future plan submittal) 3. Automatic fire sprinkler system will be required for buildings over 6,000 square feet. (per 2009 I.F.C. Sec as amended) 4. The required backflow protection (double check valve) for the sprinkler system can be located on the riser if the riser is within 100 feet of the water main. If the riser is further than 100 feet from the main, the double check valve shall be in a pit. Riser rooms shall be a minimum of 5 X5 if the double check is not located on the riser, or a minimum of 6 X6 if it is on the riser. 5. The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant. (A remote FDC is acceptable to meet the requirement) 6. Fire department sprinkler connections, FDC, are to be a five inch Storz connection with a 30 degree down elbow and a Knox locking cap. 7. An exterior audible/visual fire alarm device must be installed above the Fire Department Connection on the building to indicate when a fire alarm condition is present in the building. 8. A Class I standpipe system shall be installed throughout the building to meet the requirements of the 2009 International Fire Code. 9. An automatic fire alarm system and an emergency voice/alarm communications system is required as per the City of Southlake amendments to the 2009 International Fire Code. 10. A complete set of plans for the underground fire protection line, fire sprinkler system, and fire alarm system shall be submitted to Reed Fire Protection for review and approval at Midway Road in Addison, Texas Business phone is Emergency and Standby Power Systems must comply with Section 604 of the International Fire Code and NFPA 110 and The egress path markings in the building shall comply with the high-rise building requirements as indicated in Section 1024 of the 2009 International Fire Code. 13. HVAC units over 2000 cubic feet per minute shall have a duct smoke detector mounted on the return side of the unit, that when activated, shall send an alarm condition to the building fire alarm panel and shut the unit down. HVAC units over cubic feet per minute shall also have a duct detector mounted on the supply side of the unit that functions as the detector does Attachment E ZA Page 5

26 on the return side. If the units are located above ceiling tile, remote reset switches must be installed below the duct detector location. FIRE LANE COMMENTS: 1. Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of buildings on a hose-lay basis for sprinkled buildings. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 26 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW)(Maintain 26 feet wide fire lanes around the entire building) 2. Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. (per 2009 I.F.C. Sec ) INFORMATIONAL COMMENTS: 1. All commercial buildings are required to have Knox Box rapid entry systems installed near access to the riser room and near the front entrance to the building. Boxes can be ordered at or contact the Fire Marshal s Office. General 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 curb radii and fire lanes must meet fire code (2009 IFC) or be approved by the City s Fire Marshal. * All mechanical equipment must be screened of view from 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. * Approval from TxDOT will be needed for the construction of the sidewalk along the State Hwy 114 frontage road. Coordinate this approval with the Public Works/Engineering Department of the City. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Denotes Informational Comment Attachment E ZA Page 6

27 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Westin Hotel SPO# Owner Name Zoning Address Acreage Response 1. Maietta, Jonathan C & Meredith SF1-A 1204 COSTA AZUL CT 1.07 NR 2. Boggaram, B Etux M Singri SF1-A 1205 COSTA AZUL CT 1.00 NR 3. Sanchez, Christopher Michael SF1-A 1700 E HIGHLAND ST 1.54 NR 4. Lloyd, William E Etux Carol L SF1-A 1201 ST EMILION CT 0.94 NR 5. Shafi, Shahid & Ayesha Sayany SF1-A 1200 COSTA AZUL CT 1.02 NR 6. Womack, Justen SF1-A 1201 COSTA AZUL CT 1.03 NR 7. Schulz, Edwin Etux Laura AG 1213 CASEY CT 0.29 NR 8. Nec Carroll & 114 Ltd Prtnshp AG 950 N CARROLL AVE 0.16 NR 9. Nec Carroll & 114 Ltd Prtnshp AG 940 N CARROLL AVE 0.21 NR 10. Nec Carroll & 114 Ltd Prtnshp AG 930 CASEY CT 0.02 NR 11. Kaufman, James C & Denise Hine SF1-A 625 BRIARWOOD DR 1.35 NR 12. Slts Grand Avenue Lp DT 1420 DIVISION ST 2.90 NR 13. Slts Grand Avenue Lp DT 1430 DIVISION ST 2.55 NR 14. Pebl Partnership Ltd SP E SH F 15. Schenk, Joel AG 1075 CASEY CT 0.38 U 16. Johnson, Deborah Bohannon Etal AG 1033 CASEY CT 0.43 NR 17. Collins, Ted Etux Gayla SF1-A 997 CASEY CT 0.42 NR 18. Carroll ISD AG 1375 E HIGHLAND ST 0.70 NR 19. Gateway Church NRPUD 1301 E KIRKWOOD BLVD 0.23 NR 20. Chesapeake Land Dev Co Llc AG 1680 E SH NR 21. Coty, Rita SF1-A 600 CHERRY LN 1.00 NR 22. Vision Southlake Dev Llc NRPUD 640 N KIMBALL AVE 0.04 F 23. Ekstrom, Delton E SF1-A 650 CHERRY CT 0.99 NR 24. Gateway Church NRPUD 700 BLESSED WAY NR 25. Carroll ISD AG 1361 E HIGHLAND ST 1.04 NR Attachment F ZA Page 1

28 26. Chesapeake Land Dev Co Llc AG 1730 E SH NR 27. Chesapeake Land Dev Co Llc AG 1700 E SH NR 28. Moss, Angelia J Etvir Jack A SF1-A 550 CHERRY LN 1.09 NR 29. Gateway Church NRPUD 1200 E SH NR 30. Gateway Church NRPUD 1501 E HIGHLAND ST NR 31. Vision Southlake Dev Llc NRPUD 650 N KIMBALL AVE 0.73 F 32. Slts Land Lp DT 1301 E SH NR 33. Patrizio Southlake Llc C E SH NR 34. Gateway Church NRPUD 701 BLESSED WAY NR 35. Brown, Ronni Etvir Richard SF1-A 600 BRIARWOOD DR 1.27 NR 36. Carroll ISD AG 1349 E HIGHLAND ST 1.60 NR 37. Gateway Church NRPUD 2000 E KIRKWOOD BLVD NR 38. Carroll ISD CS 1335 E HIGHLAND ST 3.92 NR 39. Carroll ISD CS NR 40. Carroll ISD CS NR 41. Carroll ISD CS 1301 E HIGHLAND ST 0.32 NR 42. Carroll ISD AG NR 43. Steele, Crystal M Etvir Robert AG 1212 CASEY CT 0.30 F 44. Carroll ISD AG 1009 N CARROLL AVE 0.43 NR 45. Southlake, City Of AG NR 46. Southlake, City Of AG 1371 E HIGHLAND ST 0.26 NR 47. Carroll ISD AG 1379 E HIGHLAND ST 0.77 NR 48. Southlake, City Of AG NR 49. Southlake, City Of AG NR 50. Knight, Harold I Etux Shirley AG 1749 E HIGHLAND ST NR 51. Greenway-Carroll Road Prtnrs C E SH NR 52. Fechtel, Joe Est NRPUD 1778 E SH NR 53. Slts Land Lp DT 245 N CARROLL AVE NR 54. Slts Grand Avenue Lp DT 1501 E SH NR 55. Chesapeake Land Dev Co Llc AG 1750 E SH NR 56. Pafel, Thomas D Etux Marcia L SF1-A 550 BRIARWOOD DR 1.05 NR 57. Cantrell, Mike L Etux Sue SF1-A 1203 BLYTHE LN 1.03 O 58. Thomas, Donald Etux Connie SF1-A 1350 E HIGHLAND ST 0.90 NR 59. D'Souza, Adam Etux Swati SF1-A 1200 BLYTHE LN 0.92 NR 60. Carroll Road Baptist Church CS 1282 E HIGHLAND ST 1.03 NR 61. Butcher, Adam Wayne SF1-A 1200 ST EMILION CT 0.99 NR 62. Meyer, Colin J Etux Jessica M SF1-A 1204 ST EMILION CT 0.98 NR 63. Herndon, Boyd K Etux Susan K SF1-A 1201 ASHMOORE CT 0.91 O 64. Carroll ISD SP E KIRKWOOD BLVD NR 65. Vision Southlake Dev Llc SP1 600 N KIMBALL AVE 9.96 F 66. Fechtel, Joe Est NRPUD 1774 E SH NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty-One (41) Responses Received: Six (6) Attachment F ZA Page 2

29 Attachment F ZA Page 3

30 Attachment F ZA Page 4

31 Attachment F ZA Page 5

32 Attachment F ZA Page 6

33 Attachment F ZA Page 7

34 Attachment F ZA Page 8

35 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO 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 1, BLOCK 4, GATEWAY CHURCH 114 CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM NR-PUD NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT 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 NR-PUD Non- Attachment G ZA Page 1

36 Residential Planned Unit Development District under the City s Comprehensive Zoning Ordinance; and, 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 Attachment G ZA Page 2

37 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 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 Attachment G ZA Page 3

38 be altered, changed and amended as shown and described below: Being legally described as Lot 1, Block 4, Gateway Church 114 Campus Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument # D , Plat Records, Tarrant County, Texas, being approximately acres, and described in Exhibit A from NR- PUD Non-Residential Planned Unit Development District to S-P-1 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) RESERVED FOR CITY COUNCIL MOTION 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 overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of Attachment G ZA Page 4

39 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. 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, Attachment G ZA Page 5

40 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 ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it 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 1 st reading the 18 th day of March, MAYOR ATTEST: CITY SECRETARY Attachment G ZA Page 6

41 PASSED AND APPROVED on the 2 nd reading the 1 st day of April, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment G ZA Page 7

42 Exhibit A RESERVED FOR METES AND BOUNDS DESCRIPTION Attachment G ZA Page 8

43 Exhibit B RESERVED FOR APPROVED SITE PLAN Attachment G ZA Page 9