480-424OFFlUk RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-424
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
LEGALLY DESCRIBED AS LOT 13, T.M. HOOD NO. 706
ADDITION, BEING APPROXIMATELY 3.04 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
"A" FROM "S -P -1" DETAILED SITE PLAN WITH "0-1"
OFFICE DISTRICT USES INCLUDING A PERSONAL CARE
FACILITY FOR ALZHEIMER'S PATIENTS TO 6 'S -P -1"
DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE
DISTRICT USES, 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
Page 1
WHEREAS, the hereinafter described property is currently zoned as "S -P -1" Detailed Site
Plan with "O -1" Office District uses including a personal care facility for Alzheimer's patients 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 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
Page 2
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 be altered, changed and
amended as shown and described below:
Page 3
Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat
Records, Tarrant County, Texas, and being approximately 3.04 acres, and more fully
and completely described in Exhibit "A" from "S -P -1" Detailed Site Plan with "O -1"
Office District uses including a personal care facility for Alzheimer's patients to "S-
P -1" Detailed Site Plan District with "0-1" Office District uses as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and
subject to the specific conditions established in the motion of the City Council and
attached hereto and incorporated herein as Exhibit "C."
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
Page 4
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, 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.
Page 5
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
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 2 nd day of September, 2003.
91AYOR
ATTEST:
uTHLA ''•.
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CITY SECRETARY
Page 6
PASSED AND APPROVED on the 2nd reading the 16' day of September, 2003.
MAYOR
ATTEST:
Av-
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: 9- Ili '03
EFFECTIVE: q' 19 , 65
:E.; •
� t 11111
Page 7
EXHIBIT "A"
Being Lot 13, T.M. Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 5571, Plat Records, Tarrant County, Texas,
and being approximately 3.04 acres.
Page 8
EXHIBIT `B"
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Page 9
WTHTE CHAPEL PLAZA OFFICE PARK
PROPOSED PERMITTED USES AND DEVELOPMENT REGULATIONS
FOR
S -P -1 ZONING
Permitted Lases
This site shall permit all "01" Office District uses according to the Comprehensive Zoning
Ordinance No. 480, Section 18, as amended.
Accessory Uses
In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any
use may be established as an accessory use to a permitted use when it complies with the
conditions for an accessory use as defined by this ordinance.
Development Regulations
This site shall adhere to the development regulations of Section 18, the "O -1" Office District,
and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended,
with the following exceptions:
Setbacks along the perimeter site boundary, as shown on the Site Plan.
Maximum Impervious Coverage
The maximum impervious coverage shall not exceed sixty -five and 1/10 percent (65.1 %)
of the total lot area.
RECD S E P 0 8 2003
Page 10
EXHIBIT "C"
City of Southlake
CITY COUNCIL MEETING
MINUTES
September 16, 2003
Motion was made to approve Ordinance No. 480 -424, 2nd Reading, subject to the Site Plan Review Summary
No. 6, dated September 10, 2003, granting the variance to review comment No. 1 for driveway spacing; and
requiring that if the property is subdivided, an owners association must be created and deed restrictions filed
instituting a maintenance fee and assessment for any private access roads; fire lanes must be constructed to
public street standards and inspected by the City with all applicable inspection fees collected; and the stone
and brick for the wall must be of the same quality and type used on the buildings.
Motion:
Stephen
Second:
Standerfer
Ayes:
Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays:
None
Approved:
7 -0
Page 11
SITE PLAN REVIEW SUMMARY
Case No.: ZA03 -034 Revised Review No.: Six Date of Review: 09/10/03
Project Name: Site Plan — White Chapel Court
APPLICANT: The T.S. Horton Group, Inc.
Trent Horton
700 N. Carroll Ave, Suite 120
Southlake, TX 76092
Phone: (214) 536 -8211
Fax:
ENGINEER: LandCon
Ed Childress
2501 Parkview Dr., Suite 200
Fort Worth, TX 76102
Phone: (817) 335 -5065
Fax: (817) 335 -5067
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/05/03 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 BEN BRYNER AT (817) 481 -2086.
General Development Standards Applies Comments
Corridor Overlay Regulations
N/A
N/A
Residential Adjacency
Y
Proposing a 30' south building line
Building Articulation
Y
Complies
Masonry Standards
Y
Complies
Impervious Coverage
Y
Proposing a maximum impervious coverage of 65.1%
Bufferyards
Y
Complies
Interior Landscape
Y
Complies
Driveways
Y
See Comment No. 1
Lighting
Y
Must Comply With Outdoor Lighting Ordinance No. 639 -B
Provide the required driveway spacing between the proposed drive and the nearest existing drive to
the south. Driveway spacing for full access drives is required to be 250' from C.L. to C.L. along an
arterial street. (A variance is being requested.)
2. Label the height of the retaining wall.
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.
An access easement recorded with Tarrant County must be provided for the off -site driveway access
easement prior to issuance of a building permit.
Page 12
* The applicant should be aware that prior to issuance of a building permit a fully corrected site plan,
landscape plan, irrigation plan, and building plans, must be submitted for approval and all required
fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter
Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
Page 13
>KNIGHT RIDDER> Star-Telegram
INVOICE
Star-Telegram Customer ID: C1T57
400 W. 7th Street Invoice Number: 232290671
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 09/19/2003
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 09/30/2003
Bill To: PO Number: -
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 23229067
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 09/19/2003
Descr ptllon Location ! Col �th Linage Mtn Rate Amount
CITY OF SOUTHLAK CITY OF 13580 1 115 115 LINE $0.00
SOUTHLAKE
ORDINANCE NO.
480-424
Misc Fee AN ORDINANCE $93.15
AMENDING ORDI-
NANCE NO. 480 AS
AMENDECOMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
TEXAS;ING CHANGE Net Amount: $93.15
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE TEX- r
AS BEING'LEGALLY f.. -- --- - --
DESCRIBED AS LOT — �;1
13, T.M. HOOD NO. iC 1Jl lE
706 ADDITION BE- - = J
ING APPROXI-
ACRES AND MORE �^`
FULLY AND COM-
PLETELY DE- - 2003
SCRIBED IN EXHIBIT
A" FROM "S-P-1"
DETAILED SITE
PLAN WITH '0-1'
OFFICE DISTRICT
USES INCLUDING A OFFICE OF CITY SECRETARY PERSONAL CARE
FACILITY FOR
ALZHEIMER'S PA-
TIENTS TO "S-P-1"
THE STATE OF TEXAS DETAILED SITE
Countyof Tarrant PLAN DISTRICT
WITH "0-1" OFFICE
DISTRICT USES AS
DEPICTED ON 'THE
Before me,a NotaryPubi PLAN SITE day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
APPROVED ATTACHED and State,this
for the Star-Telegram, pu ' HETO AND IN-
C -RE R P o R A T E D am, Inc.at Fort Worth, in Tarrant County, Texas; and who, after beinrduly sworn, did depose and say
that the attached clipping HEREIN AS EXHIBIT
B SUBJECT TO published in the above named paper on the listed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM
(817) 390-7182. THE SPECIFIC RE-'
QUIREMENTS CON-
TAINED IN THIS
ORDINANCE; COR-
RECTING THE OF- Signed �0/ V�,( /'')/
FICIAL ZONING
MAP; PRESERVING
SUBSCRIBED AND SWO ALL
OTHER T H HIS Monday, Sep m er 9, 2003.
ZONING ORDI-
NANCE; DETER- •
/ (`/'j//ll
MINING THAT THE
PUBLIC INNDRE N- Notary Public
ERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND AMENDMENTS
RE i1---q CHRISTI'L.HOLLAND
HEREIN MADE a ��o;
PROVIDING THAN
Thank You For Yc THIS ORDINANCE ='I `! My COMMISSION EXPIRES
SHALL BE CUMU- ,,` .'
®, ... LATIVE OF ALL
ORDINANCES:. * JUL Y-3-1r2004_m _ _
PROVIDING A SEV- --'--- •-r--
EPROV D BILITY PROVIDING FORCLASE;
A
PENALTY FOR VIO-
LATIONS HEREOF;
A
Remit To: Star-Tel NGSVIDIN CLLUSE_PROVIDING FOR Customer ID: CIT57
PUBLICATION IN
P.O. BO. THE OFFICIAL Customer Name: CITY OF SOUTHLAKE
NEWSPAPER; AND
PROVIDING AN EF-
FORT V FECTIVE lNDATE. 5101-2051 Invoice Number: 232290671
Any person, firm or
corporation who Invoice Amount: $93.15
neglects or refuses to
g ay with or who PO Number:
resists the enforce-
ment of any of the
provisions of this or- Amount Enclosed: $
dinance 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 consti-
tute a separate of-
fense.
I oAcccn ANTI AP-
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 231484391
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 8/31/03
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/03
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 23148439
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 8/31/03
l' �r g. R . _. _ �r
,� i., ti»Mu. ,,. ,.., ,.,...,r f .�, _ n<+ � "ss-iI � nY� �d� �'�. ab- >a,&6ri 1I 1n.�. Of -I
CITY OF SOUTHLAK SOUTHLAKE I3580 1 127 127 LINE $0.00 $0.00
Notice Is hereby given
by the City Council of
the City of Southlake,
Sales Discount Texas, that a public ($12,452.29)
hearing will be held
on September p.m�oi
2003,at
Misc Fee immediately following $12,622.47
the Work Session,
during the Regular
City Council Meeting
to be held in the City
Council Chambers of
Town Hall,1400 Main
Street, Southlake•
Texas.Purpose of the Net Amount: $170.18
public hearing is to
consider the second
reading of the fol-
lowing ordinance:
ORDINANCE NO.
480-424
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS I
AMENDED,
RESEOM HENIV ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE
TEXAS:ING CHNANIGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
F
THE STATE OF TEXAS THE TEX-
AS
County of Tarrant DESCRIBE BEING D AS LOT
13, T.M. HOOD NO.
BE-
ING ADDITION,PIOXI-
Before me, a Notary Pub MATELY 3.04 y and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
ACRES, AND MORE
for the Star-Telegram, pu FULLY AND col- gram, Inc. at Fort Worth, in Tarrant County, Texas;and who,after being du)y sworn, did depose and say
that the attached cli in PLETELY DE-
pp 8 SCRIBED IN EXHIBIT S published in the bove named paper on the listed date• BIDS 8i LEGALS EPT. STAR TELEGRAM
(817) 390-7182. A" FROM "S-P-1"
DETAILED SITE Ca-C)---VA(..
1
PLAN WITH '0-1" 11I
OFFICE DISTRICT
USES INCLUDING A
PERSONAL CARE Signed
FACILITY FOR
ALZHEIMER'S PA-
SUBSCRIBED AND SWC DETAILED SSITE 'HIS Wednesday, S pte b 03,20P3. 1A
PLAN DISTRICT
DISTRICOTIUSOFFICE
S IAS
DEPICTED
EPICTE DON SITE Notary Public
HERETO AND ATTACHED
-
CORPORATED • e
HEREIN AS EXHIBIT ;•i"LfI CHRISTY L. HOLLAND
B" SUBJECT TO ey ��;.
7� �,7� THE SPECIFIC RE- jj
Thank You For Yc QUIREMENTSCON ', MY COMMISSION EXPIRES
TAINED IN THIS .; mow;
ORDINANCE; COR- _ '•:,-tf^—_.14L'. 2O¢
RECTING THE OF-
FICIAL ZONING
MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
NAN To: Star-Tel MIINING THAT T DETER-
Remit Customer ID: CIT57
U PUBLIC INTEREST,
P.O. Bo: MORALS
LS WELFARE E
DEMAND THE ZON-
ING Customer Name: CITY IT Y OF SOUTHLAKE
THLAv
FORT VI CHANGES AND
HE D M MADE 101-2051 Invoice Number: 231484391
PROVIDING THAT
THIS ORDINANCE SHALL BE CUMU- Invoice Amount: $170.188
LATIVE OF ALL
ORDINPROVIDING SEV
VING
; PO Number:
ERABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO- Amount Enclosed:
LATIONS HEREOF;
INGS IDIN CAUSE
PROVIDING FOIE
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECE.
SECTIONT7.
w.... ..nrcnn firm or
la e •dl5 op refuseWhp
ceeglply with e�of rthe
resists of nanl this for
eovisl6 shall be fTWo
d�na Tore tnaDol�ars
Thopo�ca to,ay hat
$2. 'Each Itted
to eex 1t s P tra ehsof
tut'
fen of Southlake
Lon Fersig etars/
City