480-445CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-445
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 TRACTS
3B AND 3114A, SITUATED IN THE L.B.G. HALL SURVEY,
ABSTRACT NO. 686; AND BEING 4.008 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT 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 ", 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 X1, 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 "AG" Agricultural 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 fmd 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 Tracts 3B and 3B4A, situated in the L.B.G. Hall Survey, Abstract No. 686, and being
approximately 4.008 acres, and more fully and completely described in Exhibit "A" from
"AG" Agricultural District to "S -P -1" Detailed Site Plan District with "O -1" Office District
uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit
"B ", and subject to the following specific conditions:
1. Approving the following development regulations:
a. A maximum of 33 parking spaces shall be permitted to be covered by a
Page 3
landscape arbor as shown on the site plan;
b. Four covered parking spaces shall be allowed to encroach into the 40 -foot setback
line on the north side of the property and shall have a minimum setback of not less
than 18 feet from the north property line as shown on the attached site plan;
c. An 8 -foot screen of evergreen material is proposed to replace the 6 -foot wood
fence required along the north and west property lines;
d. The proposed parking shall be one space per 246 square feet for the professional
office building use;
e. The 4:1 height slope shall not apply to architectural towers;
f. All buildings, proposed and future will be similar in architectural style and
materials;
2. The following requirements apply to the site plan hereto attached as Exhibit `B ":
a. Subject to TxDOT approval of the driveway placement on Southlake Boulevard;
b. Granting the requested variance for driveway spacing along W. Southlake
Boulevard allowing the proposed drive a distance of approximately 254 feet from
Shady Oaks Drive and approximately 375 feet from the nearest drive to the west;
c. Granting the requested variance for driveway stacking allowing a stacking depth of
approximately 44 feet for the proposed drive on W. Southlake Boulevard and a
stacking depth of approximately 39 feet for the proposed drive on Shady Oaks
Drive;
d. Granting the requested variance to allow the proposed driveway on Shady Oaks
Drive;
e. Correct the distances from the centerline of the proposed drive on W. Southlake
Blvd to the first point of the R.O.W. intersection of Shady Oaks Drive and from
the centerline of the proposed drive on Shady Oaks Drive to the first point of the
R.O.W. intersection of W. Southlake Blvd;
f. Correct the distance from the centerline of the proposed drive on W. Southlake
Blvd to the centerline of the first off -site drive to the west;
g. Correct the landscape area and plantings to reflect the area of the carports.
Although the carports are being propose as a permitted accessory use under the "S-
P -1 "zoning request and is not being requested as a Specific Use Permit, the SUP
regulations established under Ordinance 480, Sect. 45.11, as amended, requires
that the area of the parking structure footprint be included when calculating the
amount of interior landscaping required on the interior of the lot, or equal to 50%
Page 4
of the area covered by the carports for this site;
h. Correct the `required fence /screening' for the north and west bufferyards to read
`6 -foot wood fence' in the Bufferyard Summary chart;
i. Correct the site plan to match the building design on all sides of building `C';
J. Label the directional indicators, i.e. north, south, etc., on the architectural
elevations for building `C';
k. Correct the grading, utility, drainage, and tree preservation plans to match the
layout as shown on the site plan.
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
Page 5
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, 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 6
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 17 day of August, 2004.
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Page 7
PASSED AND APPROVED on the 2nd reading the 7 day of September, 2004.
ATTEST ,�'
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CI SECRETARY •. ••••••••e .
APPROVED AS TO FORM AND LEGALITY:
"W"G SID►•/
DATE: )
ADOPTED: 9-
EFFECTIVE: q M
Page 8
EXHIBIT "A"
Being Tracts 3B and 3B4A, situated in the L.B.G. Hall Survey, Abstract No. 686, being approximately 4.008
acres.
BEING A TRACT OF LAND BUT CIF THE LITTLEBERRY is HALL SURVEY, ABSTRACT NO. 606, TARRANT COUNTY,
TEXAS. AND KING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 8433, PAGE
1069, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS
BEGINNING AT A CAPPED IR13N PIN (LANDES) FOUND IN THE N13RTH R.O.W. LINE OF SOUTHLAKE BOULEVARII
(F.N, 1709) FOR THE SOUTHVEST CORNER OF TRACT BEING DESCRIBED. SAID POINT BEING THE SOEITHEAST
CORNER OF LOT B, BLOCK 1, OWEN ADDITION, AN ADDITION T13 THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, ACCORDING TD THE PLAT REMRDEB IN CABINET A. SLIDE 4317, PLAT RECORDS, TARRANT COUNTY,
TEXAS f
THENCE NORTH 01 DEGREES 39 MINUTES 12 SECONDS CAST 371.64 FEET cDEED CALL NIIRTH D2 DEGREES
18 MINUTES 26 SECONDS EAST) ALONG THE EAST LINE OF SAID L07 2, BLOCK 1, OWEN ADDITION TII A 1/2'
IRON PIN FOUND FOR AN INSIDE CORNER OF SAID LOT 2. BLOCK 1. OVEN ADDITION AND THE NORTHVEST
CORNER CIF TRACT BEING D£SCRIBEDI
THENCE NORTH 87 DEGREES 06 MINUTES 04 SECONDS EAST (DEED CALL. N13RTH 87 DEGREES 35 MINUTES
EAST) 424.51 FEET ALONG THE SOUTH LINE Or SAID LOT 2. BLOCK 1. OWEN ADDITION TO A CAPPED IRCIN
PIN SET IN THE VEST R.CI,V. LINE OF SHADY OAK DRIVE FOR THE NORTHEAST C13RNE R Or TRACT BEING
DESCRUX 11 i
THENCE SOUTH 05 DEGREES 57 MINUTES 26 SEC13NDS EAST 385,20 FEET ALONG THE VEST R.O.W. LINE
Of SAID SHADY OAK DRIVE T13 A CAPPED IRON PIN SET FOR THE NEIST EASTERLY S13UTHEAST CORNER OF
TRACT BEING DESCRIBEDI
THENCE SCIUTH 42 DEGREES 37 MINUTES 36 SECDNDS WEST 26,46 FEET TO A CAPPED IRON PIN SET
IN THE NORTH R.O.W. LINE OF SOUTHLAKE BOULEVARD FOR THE MOST SOUTHERLY SOUTHEAST CIIRNER OF
TRACT BEING DESCRIBEA
THENCE NORTH 98 DEGREES 47 MINUTES 30 SECONDS WEST 456.85 FEET AL131G THE NORTH R.O.V.
LINE OF SOUTHLAKE BOULEVARD TO THE POINT OF BEGINNING AND C13NTAINING 4.00 ACRES OF LAND.
NDRE OR LESS
Page 9
EXHIBIT `B"
Page 10
INVOICE *"`,
Star-Telegram — Customer ID: CIT57
400 W.7th Street D M \M 1 a Invoice Number: 246180611
FORT WORTH,TX 761021
t
(817)390 7761 �[p Invoice Date: 9/10/04
Federal Tax ID 22-3148254 Jt-� 20�4 Terms: Net due in 21 days
Due Date: 9/30/04
Bill To: OFFICE OF CITY SECRETARY PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 24618061
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
CITY OF SOUTH-
LAKE NO. Publication Date: 9/10/04
. i a AMENDINGRDINAANCp
�i NANCE NO. 480 �r AS thi Ll& E' MU Rate Amount.< AMENDED, YHE b
COMPREHENSIVE
ZONING ORDI-
CITY I 1I1 III LINE $0.81 $89.91
OF SOUTHLAKE ORDINANCE P OOFNCESOUTHLAKE
TEXAS;ING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE
TEX- Net Amount:F $89.91
AS BEING LEGALLY
DESCRIBED AS
TRACTS 3B AND
3B4A, SITUATED IN
THE L.B.G. HALL
SURVEY, AB-
STRACT NO. 686;
AND BEING 4.008
ACRES, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIBIT
A" FROM "AG" AG-
RICULTURAL DIS-
TRICT TO "S-P-1"
DETAILED SITE
PLAN DISTRICT
WITH "O-1" OFFICE
DISTRICT USES AS
DEPICTED ON THE
APPROVED SITE
PLAN ATTACHED kYt{�''',a,
HERETO AND IN- "'''FA:: CHRISM L HOLLAND
CORPORATED $'' f;. •*s
HEREIN AS EXHIBIT 1.. f,, MY COMMISSION EXPIRES
SPEF S •
THE
SUBJECT
TO „ , `' July 31,2008
QUIREMENTS CON-
TAINED IN THIS
ORDINANCE; COR-
RECTING THE OF-
FICIAL ZONING
MAP; PRESERVING
ALL OTHER POR-
),. c i TIONS OF THE pt staiallri appeared Lisa WesSekmn, Bid and Legal Cogfdtnator
ZONING ORDI-
1 i NANCE; DETER- )r it, in TaTaE COt)rtt7; Tev.7-s•and wise,after being duty sworn,did depose anti,z)
j;; ,. MININGI INTEREST ),;o named peel 1 CIl:- ','' tatf BID '811 LEGAL DEPT. STAR.cT1-EGRAl
MORALS AND GEN-
ERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE•
PROVIDING THAT
THIS ORDINANCE
) . tI SHALL BE CUMU- il,;
LATIVE OF ALL
ORDINANCES; �—
PROVID
ING A SEV- 41c2e/ C)
EROVIDI Y CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF; °Y.--
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
Thank You For Your Payment NEWSPAPERFIAND
PROVIDING AN EF-
__*.****. ******* FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to
comply with or who
Remit To: Star-Telegram mentaof the
ye f°rthe Customer ID: CIT57
provisions of this or-
P.O. Box 901051 note morehthan fTwo Customer Name: CITY OF SOUTHLAKE
Thousand Dollars
($ ach
FORT WORTH, TX offense.00) for that Invoice Number: 246180611
offense.Each day that
a violation is permitted
to exist shall consti-
tute a separate of- Invoice Amount: $89.91
tense.
PASSED AND AP-
PROVEDt THIS THE
7thPO Number:
TEMBER, 2004,
DURING THE REG-
ULAR CITY COUN- Amount Enclosed:
CIL MEETING.
MAYOR:
Andy
Wamlaaganse
ATTEST'Lod Farwell,
City Secretary
INVOICE
-, ..
Star-Telegram Customer ID: CIT57
400 W. 7th Street Invoice Number: 245370521
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 8/20/04
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/04
.• Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 24537052
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 8/20/04
CITY OF SOUTHLAKE Notice is he13580pp 1 123 123 LINE $0.81 $99.63
CITY OF SOUTH- 1 T CO T TO"S-P-I"
Notice is hereby given DETAILED SITE
by the City Council of r 1TH "O-1" OFFICE $99.63
N DISTRICT
DI
the City of Southlake,'
Texas, that a public DEPICTEDUONSTHE Net Amount:
hearing will be held APPROVED SITE
on September 7, PLAN ATTACHED
2004, at 6:00 p.m. or, HERETO AND IN-
immediately following C 0 R P 0 R A T E D D (� t l; ��
the Work Session, HEREIN AS EXHIBIT (fr VI during the Regular. B" SUBJECT TO
City Council meeting THE SPECIFIC RE711
_
to be held in the City QUIREMENTS CON- Ill
Council Chambers of TAINED IN THIS
Town Hall, 1400 Main ORDINANCE; COR-
Street, Southlake, RECTING THE OF- [� 8 2n�1^Texas.Purpose of the FICIAL ZONING SL r l II I=` r public hearing is to MAP; PRESERVING
consider the second ALL OTHER POR-
reading of the fol- TIONS OF THE
lowing ordinance: ZONING ORDI-
ORDINANCE NO. NANCE; DETER-
480-445 MINING THAT THE OFFICE OF CITY SECRETARY
AN ORDINANCE PUBLIC INTEREST,
AMENDING ORDI- MORALS AND GEN- - - il,rr-__ 4
NANCE NO. 480 AS ERAL WELFARE
AMENDED THE DEMAND THE ZON- f'"'
? +}� CHRISTY L.HOLLAND
COMPREHENSIVE ING CHANGES AND
ZONING ORDI- AMENDMENTS iy, x
NANCE OF THE CITY HEREIN MADE MY COMMISSION EXPIRES
OF SOUTHLAKE PROVIDING THAT July81 1038
TEXAS• GRANTING THIS ORDINANCE
A ZONjNG CHANGE SHALL BE CUMU- �A�"',
ON CERTAIN LATIVE OF ALL THE STATF TRACT OR TRACTS ORDINANCES;
OF LAND WITHIN PROVIDING A SEV-
COUnty Of I THE CITY OF ERABILITY CLAUSE;
SOUTHLAKE TEX- PROVIDING FOR A
AS BEING LEGALLY PENALTY FOR VIO-
SCRI EDB AND 5CATIONS HEREOF;F, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
Before me, DE
3B4A, SITUATED IN ' PROVIDING A SAV-
for the Star THE L.B.G. HALL INGS�/IDIN G LA FOE; at Fort Worth, in Tarrant County, Texas;and who, after being duly sworn, did depose and say
that the a[t ;1RVY, AB- ,, PUBLICATION IN 1 in the above na d paper on the listed dates: BIDS 8t LEGAL DEPT. STAR TLEGRAM
RA T NO. 686 THE OFFICIAL
(817) 391 ND BEING 4.008 NEWSPAPER; AND
ACRES. AND MORE PROVIDING AN EF-
FULLY AND COM- FECTIVE DATE.
PLETELY DE- SECTION 7.
SCRIBED IN EXHIBIT Any person, firm or
"A" FROM "AG" AG- corporation who vio-
lates,disobeys,omits,
SUBSCRIBED AND SWORN TO B neglects or refuses to day' August 3 , 2
comply with or who
resists the enforce-
ment of any of the
provisions of this or- Public
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-
Thank You For Your Pa ie se separate of-
City of Southlake
Loll Farwell
City Secretary
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 245370521
Invoice Amount: $99.63
PO Number:
Amount Enclosed: $