480-602 CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480 -602
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 TRACT 2B, A PORTION OF LOT 2, R.P.
ESTES SUBDIVISION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 0.994 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE
PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT
AND LIMITED "I -1" LIGHT INDUSTRIAL 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,
Ordinance No. 480 -602 Page 1
WHEREAS, the hereinafter described property is currently zoned as "AG" -
Agricultural 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 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
Ordinance No. 480 -602 Page 2
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:
Ordinance No. 480 -602 Page 3
Being legally described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an
addition to the City of Southlake, Tarrant County, Texas, being approximately 0.994 acres,
and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-
P-1" Detailed Site Plan District with limited "0-1" Office District and limited "I -1" Light
Industrial District uses as depicted on the approved Site Plan attached hereto and
incorporated herein as Exhibit "B," and subject to the following conditions:
Ordinance No. 480 -602 Page 4
S -P -1 REGULATIONS
"S -P -1" Detailed Site Plan District
The property consists of just less than one acre (0.994 acres). An existing commercial
building of 7,106 square feet is located on the property. The most recent use of the
property was office/warehouse.
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to the "0-1" Office District uses and regulations
with the following exceptions:
Permitted Uses
Requested uses out of the 0-1, Office District and I -1, Light Industrial District are listed as
follows;
1. Office Uses
a. Accounting and tax preparation;
b. Architecture;
c. Bill paying services;
d. Chiropractors;
e. Computer services;
f. Contractors offices;
g. Finance;
h. Interior design;
i. Land surveying;
j. Other offices of a business and /or professional nature providing services not
including the retail sale, fabrication, manufacture or production of goods or
merchandise; and
k. Real estate and insurance
2. Industrial Uses
a. Janitorial or cleaning services;
Ordinance No. 480 -602 Page 5
b. Roofing contractor business premises;
c. Warehouses
Development Regulations
1. As a property with an existing septic system, the minimum one (1) acre land area
required for a septic system is not required. The Existing on -site sewage facility has
been evaluated by a Registered Sanitarian and report is attached.
2. Any dense hedge or plant materials may be used to fulfill screening requirements
provided it is maintained in a healthy growing condition. Existing landscaping shall
remain and serve as a natural screening device as shown on the site plan. There are no
trees to be removed with this site plan. The existing trees and fencing will satisfy the
screening requirements in Ordinance No. 480, Section 39.6.
3. Due to the presence of the existing fences and a substantial number of existing trees
along the north, south, and east property lines, the existing fences as noted on the site
plan will satisfy the fence requirements for the north, south, and east buffer yards. The
existing trees and fencing will satisfy the screening requirements in Ordinance No. 480,
Section 42.
4. Off street parking: The existing building and site is served by a gravel drive and parking
area which is not currently striped. Parking for the existing building is currently gravel
and has enough allotted space for the required parking calculation which is 1/1000
square feet of building. Parking areas will not be striped, but will be maintained as an all
weather surface.
5. Fire lanes: The existing building and site is served by a gravel drive which is not
currently striped. The existing gravel drive will not be striped, but will be maintained as
an all weather surface
6. Sidewalks and /or trails: The sidewalk and trails requirement shall not apply to the
existing building on the property.
7. Accessory buildings: Accessory buildings having a permanent foundation shall be
erected no closer than ten feet (10') to a property line located in the rear yard. Those
structures not on a permanent foundation may be placed as close as five feet (5') to a
property line located in the rear yard (Ord. 480, Section 34.2.a). The existing 8' x 8' well
house near the northern property shall be allowed.
8. The Residential Adjacency Standards contained within Section 43, Part Ill of the
Comprehensive Zoning Ordinance No. 480 shall be replaced with the following:
a. Masonry Requirements: The existing structure facade shall remain as is. A
portion of the existing structure shall be removed in order to meet the previously
Ordinance No. 480 -602 Page 6
approved structure. The removal area shall match the existing facade in
materials and color.
b. Roof Design Standards: The roof design standards shall not apply to the existing
building on the property.
c. Mechanical Equipment Screening: All buildings must be designed such that no
mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This shall
include equipment on the roof, on the ground or otherwise attached to the
building or located on the site. Rooftop mechanical equipment and / or other
rooftop appurtenance screening shall be accomplished by either the construction
of 1) the roof systems described in subparagraph (b) above or 2) an architectural
feature which is integral to the building's design and ensures that such
equipment is not visible. The fencing of or enclosure of individual mechanical
units shall not be permitted except as described above. All rooftop mechanicals
or architectural features described herein shall be shown on the required building
elevations at the time of site plan approval.
d. Facade Articulation: The facade articulation requirements shall not apply to the
existing building on the property.
e. Loading and Service Area requirements shall not apply to the existing building on
the property.
f. Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling
receptacles shall be located within twenty -five feet (25') of single family
residential property. Trash Receptacles and Recycling Receptacles shall be
residential style polycarts.
g. Setbacks / Yards: No non - single family residential building may encroach in the
area above a line having a slope of 4:1 from any single - family residential
property. However, a structure may be built up to within 40 feet of the residential
property line, provided that the structure is no greater than one story or 20 feet in
height. (See Exhibit 43 -E for clarification.) Any applicable structures abutting a
local street (i.e., residential street and cul -de -sac as defined in the Thoroughfare
Plan) shall provide minimum front and side yards equivalent to the front and side
yards required for the single family residential property within 400,' but not less
than the front and side yards otherwise required in the underlying zoning district.
h. Spill -over Lighting: No use or operation shall produce direct or indirect
illumination across a residential property line except in compliance with the
current lighting ordinance, as amended.
i. Noise: Noise levels shall comply with the requirements of the current noise
ordinance, as amended.
Ordinance No. 480 -602 Page 7
Council conditions of approval at second reading April 19, 2011:
1. Approving the 0 -1 uses as listed in the staff report, specifically limiting the
Industrial uses to janitorial or cleaning services, roofing contractor business
premises and warehouse;
2. Noting that while the existing use does contradict with the current land use
designation of Low Density Residential, the use is being approved as a result of
the existing building being annexed into the City;
3. Not allowing any outside storage;
4. Subject to Site Plan Review Summary No. 4, dated January 12, 2011.
Ordinance No. 480 -602 Page 8
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
Ordinance No. 480 -602 Page 9
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and
that if the validity of the zoning affecting any portion of the tract or tracts of land described
herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance
but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
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
Ordinance No. 480 -602 Page 10
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 19th day of April, 2011.
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PASSED AND APPROVED on the 2nd reading the 10th day of May, 2011.
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Ordinance No. 480 -602 Page 11
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE: c,�J II
ADOPTED: Nay /� , Al
EFFECTIVE: giay, 1,3, aUll
Ordinance No. 480 -602 Page 12
EXHIBIT "A"
Being described as a Tract 2B, a portion of Lot 2, R.P. Estes Subdivision, an addition to the
City of Southlake, Tarrant County, Texas and being approximately 0.994 acres, and more
fully and completely described below:
flits is to certify that I have this date, made a carefji sura,q or: t'r, ground of property bosh:: oca't d it :41' S :n,
Road in the ltdv of Sauth'ake Teras. icing p-;r! of Lot 2 of R P Estes Subdivision. an addition tr. Ire C!ty , Southihce,
1 arra'►t County I exas. ?f to the pat t'- eereof re;orr din VoI rne 195' Pace t2E, Dc-el Records Callas
t.nrin`y Texas tlernrl the same tract of fang conveyed to Poy C Finney by deed recorded it Volume 12420 ran_
620, Deed Records Tarrant Cctirfry Te,rac :anti nerng rrorp particularly descnbPd as'cilu,as
BEGINNING at a pant in the East line of Sam School Road iCounty Road No. 3088) said point bung toe Northwc-'
coiner Of said Lot 2, same being the Southwest c- rimer of Lot 3 a iron rod round fo- Cotner
THENCE: South 88 deg_ 47 rrtn 00 sec East with the camrror :,ne of Lots 2 and 3 a cistance of 330 15 ft-et to ft-
Norltinest corner of a tract of land conveyed to Tommy 'Arayne Crawford, by deed ?corder ' Volume .2236 Page tai
Geed Records Tarrant County. Texas a capped % iron rod Set toe corner,
THENCE South wit the West line of said Crawford t•a_: a ar;tan.°a rif f 31 20 fr -et to the Northeast corner of a tract
_:t Land conveyed to Maguire Partners - Scfara Ltd . by deed r cnrde -1 rn We urne ' J29..0, Page 5, Deed Records
Tarrnnl Cc-rely, Texas, a fence post fauna ort dine-
THENCE North 88 ceq 47 trait 0.0 sec West witl the Norm tine of sarr1 Maguire Partners tract n d slake of 33C 15
roet to a point it the said East line of Sam Sclwut Road a capped Iron rod set for ciorner
THENCE. North with the said East lire of Sar , Sct,;wi Rv -a;l a distance of 13' feet to :he PLACE OF
BEGINNING and CONTAINING 43,1C4 eiIiare fret o• G gra aciea u` Tai j
Ordinance No. 480 -602 Page 13
EXHIBIT "B"
SITE PLAN SUBMITTED APRIL 13, 2011
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Ordinance No. 480 -602 Page 14
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II_ I TREE SURVEY L
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CITY of SOUTHLAKE, TEXAS
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INVOICE
Star - Telegram Customer ID: CIT57
400 w. 7TH STREET Invoice Number: 315869781
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 5/17/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 5/31/2011
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 31586978
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: City of Southlake Ord
Attn:Attn: ACCOUNTS PAYABLE Publication Date: 5/17/2011
CITY OF Southlake 1 Legal Notices „ ` ,
Ordinance No. 480 -602 . , . ol . vepth Linage _ M> `_ Rate Amount
AN ORDINANCE AMENDING ORDI- TEXAS BEING APPROXIMATELY
NANCE NO. 480, AS AMENDED, 0.994 ACRES, AND MORE FULLY
C THE COMPREHENSIVE ZONING i AND COMPLETELY DESCRIBED IN 1 63 63 LINE $0.00
ORDINANCE OF THE CITY OF EXHIBIT "A " FROM "AG" AGRI-
SOUTHLAKE, TEXAS; GRANTING A CULTURAL DISTRICT TO "S P 1"
ZONING CHANGE ON A CERTAIN DETAILED SITE PLAN .DISTRICT
TRACT OR TRACTS OF LAND WITH "1-1" LIGHT INDUSTRIAL
TEXAS TH E CITY OF SOUTHLAKE,
E DISTRICT USES, AS DEPICTED ON PLAN
TRACT 2B, A PORTION OF LOT 2, THE APPROVED SITE INCO R AT- Net Amount: $0.00
R.P. ESTES SUBDIVISION, AN RATED HER EN AS EXHIBIO B",
ADDITI TO THE CITY OF SUBJECT TO THE SPECIFIC RE-
SOUTHLAKE, TARRANT COUNTY, QUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRE-
SERVING ALL OTHER PORTIONS ; tl eilllllllt /J
OF THE ZONING ORDINANCE; R ECEIVE , r
DET THAT THE PUBLIC I S . - f-10, 4 d
INTEREST MORALS AND GEN- ;° >CP . ° • ° , _,
ERAL WELFARE DEMAND THE 4 . i P( "SS 0
ZONING CHANGES AND AMEND-
MENTS HEREIN MADE; PROVIDING 0 , ° ..0 - oiV THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI- It * '
NANCES; PROVIDING A SEVER ` u t" =�
ABILITY CLAUSE; PROVIDING FOR 'rl, 1_7._
A PENALTY FOR VIOLATIONS s : F 0r ', °
HEREOF; PROVIDING A SAVINGS N,R',.' ��
CATION IN HE OFFICIAL NEWS- (, {C E OF F, ; ; ; gyp f" - ° a ®`
f '�
PAPER; AND PROVIDING AN EF- ,� 3 ' ,e
FECTIVE DATE " ' Y �aA if
THE STATE OF TEXAS 1 Any person, firm or corporation who
violates, disobeys, omits, neglects
County of Tarrant I or refuses to comply with or who
resists the enforcement of any of
Public in and shall provisions ' of this ordinance
Before me, a Notary shall be fined 'not more than Two y personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by t Thousand Dollars ($2,000.00) for h, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
each offense. Each day that a
that the attached clipping of an ad violation is permitted to exist shall above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323 constitute a separate offense.
Passed and approved this the 10th Ili
day of May
Council 11, during the regular `�� `— . ���, + \OM
City Counal meeting.
Mayor: John Terrell
Attest: Alicia Richardson, City Sec- 2 1.
SUBSCRIBED AND SWORN TO retary • y • Notary Public /� / I, ., / . 1,1 s,1. _/ A
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 315869781
Invoice Amount: $0.00
PO Number: NO PO
Amount Enclosed: $ 1