480-433OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-433
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 5,
BLOCK 1, MIRON ADDITION, AND BEING APPROXIMATELY 1.035
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C-
2" LOCAL RETAIL 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
WHEREAS, the hereinafter described property is currently zoned as "C -2" Local Retail Commercial
District under the City's Comprehensive Zoning Ordinance; and
Page 1
WHEREAS, a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off -street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
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 existed at the time their original investment was
made; and,
Page 2
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 Lot 5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County,
Texas, and being approximately 1.035 acres, and more fully and completely described in
Exhibit "A" from "C -2" Local Retail Commercial District to "S -P -1" Detailed Site Plan
District with "C -2" Local Retail Commercial District uses as depicted on the approved Site
Plan attached hereto and incorporated herein as Exhibit `B ".
Page 3
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.
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.
Page 4
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 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.
Page 5
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 6tn day of April, 2004.
42 f -c-
MAYOR
ATTEST: `, y0 , J •• .••....,• •• T��
�LL• •
• •N
CITY SECRETAR
PASSED AND APPROVED on the 2nd reading the 20 day of April, 2004.
- 7 0 Z = ���
MAYOR
ATTEST:
- 4, 4 -
CITY SECRETARY
,„ea
` T H Lq /,. �'�
Q :a.e.•s
C-j ;4 0
.
o • i ^
Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
Page 7
EXHIBIT "A"
Being Lot 5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas, and being approximately
1.035 acres.
Page 8
1W:4.:
3 5 8
1. 11
Kill
ism
fifia's I
Page 9
OJ
it AS.
g
le
N IX ss
flu
T7
Page 9
Lot 5, Block 1, Mir-on Addition (Blue Have Pool)
Proposed Permitted Uses and Development Regulations for "S-P-1 " Zoning
This property shall be limited to permitted uses as found in the "C-2" local- Retail Commercial
District as described in Section 21 of the Comprehensive Zoning Ordinance No. 480, as
amended.
Development Regulations
`rhis property sluill be, subject to the development regulations for the "C-2" Local- Retail
Commercial District, and all other applicable regulations iAith the following exceptions:
The maximum impervious coverage for the site as a whole shall not exceed 76
percent of the total lot area, If the site is subdivided in the future, individual lot-,
may exet-A-A the proposed impervious coverage_
The portion of the north bufferyard cast of the existing drive shall be a I (Y- Type
"E" bufferyard..
Other regulations that will allow for the possibility of subdividing the property.
- z A o 3 -o-q t4
Page 10
i0:rI M. I W a
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL
MEETING MINUTES
APRIL 20, 2004
Motion was made to approve Ordinance No. 480 -433, 2 nd Reading (ZA03 -094) as approved on 1 St Reading.
Motion:
Standerfer
Second:
Shankland
Ayes:
Evans, Morris, Potter, Shankland, Standerfer, Wambsganss
Nays:
None
Approved:
6 -0
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL
MEETING MINUTES
APRIL 6, 2004
Motion was made to approve Items 5A; 8A as approved by the Planning and Zoning Commission and
eliminating the following C -2 uses: cleaning, dying, and pressing works; laundry and laundromats; and
tires, batteries, and automobile accessory sales; 813; 9A; I OA; l OB reducing the monument sign on State
Highway 114 to 25 feet.
Motion:
Standerfer
Second:
Stephen
Ayes:
Evans, Morris, Potter, Shankland, Standerfer, Stephen
Nays:
None
Approved:
6 -0
REGULAR PLANNING AND ZONING
COMMISSION MEETING
March 18, 2004
Motion was made to approve ZA03 -094, subject to Site Plan Review Summary No. 3, dated March 12,2004;
providing the driveway onto Southlake Boulevard is converted to right in only; dropping eight (8) parking
spaces; requiring stone in place of the cement block; and eliminating the provision for division into two (2)
lots and approving only one (1) lot as submitted.
Motion:
Edmondson
Second:
Vaughan
Ayes:
Kulpinski, Williams, Springer, Edmondson, Vaughan, Stansell
Nays:
None
Approved:
6 -0
Motion carried
Page 11
SITE PLAN REVIEW SUMMARY
Case No.: ZA03 -094
Review No.: Three
Project Name: Site Plan — Lot 5, Block 1, Miron Addition (Blue Haven Pools
OWNER: Blue Haven Pools
669 E. Freeway 121
Lewisville, TX 75057
Phone: (972) 316 -8662
Fax: (972) 316 -8610
Date of Review: 03/12/04
ENGINEER: Welch Engineering
Timothy J. Welch, P.E.
4109 Cagle Drive, Suite D
North Richland Hills, TX 76180
Phone: (817) 589 -2900
Fax: (817) 589 -0990
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/16/04 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 ORNEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086.
The following changes are needed with regard to driveways ingressing and egressing the site according
to the Driveway Ordinance No. 634: This site addition will increase daily traffic by 20% or more and
therefore the site must comply with spacing and stacking requirements.
a) Provide the minimum driveway spacing on E. Southlake Blvd. The required driveway spacing
on Southlake Blvd from an intersection is 500 feet and the provided distance is 109 feet. The
required driveway spacing on Southlake Blvd from the next full- access drive is 500 feet and
the provided distance is 305 feet. (A variance has been requested.)
b) Provide the minimum driveway throat depths for stacking. The required stacking depth for the
driveway accessing E. Southlake Blvd is 38 feet and the provided depth is 8 feet. (A variance
has been requested.)
C) Dimension the depth of all points of ingress /egress to the site and the distance to the
intersection from the driveway on Miron Dr.
2. The following changes are needed with regard to easements:
a) The proposed 20' drainage easement for the storm water improvements must be dedicated on a
revised plat or by,separate instrument. If done by separate instrument, provide a filed copy of
the instrument to the City prior to receiving a permit for construction.
b) A common access easement is required for the shared access drive on Miron Drive. The CAE
must be dedicated on a revised plat or by separate instrument. If done by separate instrument,
provide a filed copy of the instrument to the City prior to receiving a building permit.
Page 12
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.
* It appears that a portion of 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. 479.
* 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.
* Please be aware that any change of tenant/owners with a request for a new C.O. will require that all
parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes
shall be per the Fire Department's requirements.
Page 13
INVOICE Print
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 240483171
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 04/23/2004
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 04/30/2004
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 24048317
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 CITY OF Description: CITY OF SOUTHLA
SOUTHLAKE
ORDINA CE NO. Publication Date: 04/23/2004
,Atln: R[[_1" . THHOMPSON AN ORDINANCE
AMENDING ORDI-
Description NANCE NO. 480 AS'
AMENDED, 'rHE-ol Depth Linage MU Rate Amount
COMPREHENSIVE
ZONING ORDI-
CITY OF SOUTHLAKE ORDINANCE NO OFNC SOUTHLAKE I I ot) I O�) I I NI_ �O.y I $88.29
TEXAS;ING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE
Y OF
$88.29
AS BEING LEGALLY Net Amount:
DESCRIBED AS LOT
5, BLOCK 1 MIRON
ADDITION, AND BE-
, _ ING APPROXI-
MATELY 1.035
ACRES, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIBIT
A" FROM "C-2" LO-
CAL RETAIL COM-
MERCIAL DISTRICT
TO "S-P-1" DE-
TAILED SITE PLAN
DISTRICT WITH "C-
2" LOCAL RETAIL
DISTRICT USES AS
DEPICTED ON THE
APPROVED SITE
PLAN ATTACHED
HERETO AND IN-
C CHRISTY L.HOLLAND
ORPORATED e
HEREIN AS EXHIBIT (:: • MY COMMISSION EXPIRES
B" SUBJECT TO
THE SPECIFIC RE- ?,•
QUIREMENTS CON- \1 JULY 31,2004
TAINED IN THIS
ORDINANCE; COR- L`► 4IUM'"ti- .1
RECTING THE OF-
THE STATE OF TEXAS FICIAL ZONING
MAG
County of Tarrant ALL VIN OTHER RPOR-
TIONS OF THE
ZONING DETER-
BeforeORDI-
me,a Notary Public in and for said Coun MIINING THAT E sonally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegram, published by the Star-Telt MORALS IAND GEN- I, in Tarrant County, TeY3s; and who, fter being duly sworn, did depose and say
that the attached clipping of an advertisement w DEMAND THE ZON named p f on the listed I ttes: BI r.' 8r LEGAL DEPT. STAR TLEGRAM
(817) 390-7320 ING CHANGES AND
AMENDMENTS
PROVIDING MADE_
` /
' THIS ORDINANCE �'
SHALL BE CUMU- —
ORDINANCES;
DE OF ALL
ORDINANCES-
SUBSCRIBED AND SWORN TO BEFORE ME, PROVIDING A SEV- ', 200' /
ERABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
— _ / /_.ila/Pd.
PROVIDINGCLA FOR
PUBLICATION IN
THE OFFICIAL
Thank You For Your Payment NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
corporation who vio-
lates, �. ——
disobeys,omits,
neglects or refuses to
comply with or who
resists the enforce-
ment of any of the
Remit To: Star-Telegram provisions
shall be this
�ustomer ID: CIT57
not more than Two I
P.O. Box 901051 (Thousand
z 000 0) for each ustomer Name: CITY OF SOUTHLAKE
offense.Each day that
FORT WORTH, TX 76 oviez violation
sha permitted
Invoice Number: 240483171
tute a separate of-
fense.
PASSED AND AP- Invoice Amount: $88.29
PROVED THIS THE
20th DAY OF APRIL
REGUL DURING CITY PO Number:
COUNCIL MEETING.
MAYOR:Wambsganss Andy Amount Enclosed: $
ATTTEST:TEST: Lori Farwell,
City Secretary