480-435A CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-435a
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 TRACT 4D AND A PORTION
OF TRACT 1F, HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.42 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED
SITE PLAN 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 "S -P -1° Detailed Site Plan
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
1
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 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
2
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 Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract
No. 581, being approximately 1.42 acres, and more fully and completely described in
Exhibit "A" from "S -P -1" Detailed Site Plan 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:
• Site Plan Review Summary No. 3, dated March 12, 2014. (Staff report ZA13 -137)
• The applicant's understanding of the prohibited uses on adjacent property to the
immediate north as discussed tonight.
o Only parking and storage that is incidental to the residential use is allowed.
Any storage or parking related to the commercial business is prohibited on the
residential lot.
• Noting the approval is for an expansion for up to 4,883 square feet plus the patio
as shown on the submitted site plan. (see Exhibit 'B')
• Noting that no outdoor live or amplified music with exception to the existing sound
system as permitted by existing ordinances is allowed on the outdoor patio.
• Noting the applicant is addressing the Council's concern regarding the rocks
located along White Chapel Blvd. and is removing the shrubbery existing on the
southeast corner of the building.
• Noting the revised elevations as presented to Council this evening. (see Exhibit
'B')
• Granting the variances to the Masonry Ordinance No. 557 -A and Driveway
Ordinance No. 634 as requested.
o Masonry Ordinance No. 557 -A, Section 1. Exterior Masonry Construction
Requirements — a. Buildings requiring masonry on all sides: All buildings constructed
on property zoned 0-1, 0-2, C -1, C -2, C -3, C-4, B -1, B -2 or CS under the City's
Comprehensive Zoning Ordinance and all buildings within any residential zoning
district which are used for community facility uses shall have all exterior walls
constructed using a masonry material covering at least eighty percent (80 %) of said
walls, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk
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and walk -way covers.
• The current and proposed zoning for this property is S -P -1 Detailed Site Plan
District with a base zoning of C -1 Neighborhood Commercial District uses. The
existing building does not meet the masonry standard. The addition proposed to
the building will match existing colors and material, which is 100% hardi board.
o Driveway Ordinance No. 634 — Minimum Centerline Driveway Spacing along Roadway
— Arterial Commercial = a minimum of 250 feet.
• The site has existing driveway conditions. There are two points of ingress/egress
which are approximately 180 feet centerline to centerline.
o Driveway Ordinance No. 634 — Minimum Storage Length (stacking) — a minimum of 50
feet is required.
• The existing site and parking configuration does not provide any storage.
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.
4
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.
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.
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 1s reading the 1 day of April, 2014.
MAYOR
, ,,,,a ,,,nn ,,,
ATTEST: �.``��OVTH•F
CITY SECRETARY =
PASSED AND APPROVED on the 2 reading the 1 5d' day of April, 20'1.
MAY. R uTH1.4?
ATTEST: +). s
CITY SECRETARY ••� +,,,,,,,,•,```,,,
APPROVED AS TO FORM AND LEGALITY:
CITY ATT. •NEY //
DATE: ' 3 `.20/4
ADOPTED: /I 5/i y
EFFECTIVE: 'VP S 1
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EXHIBIT "A"
Being Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, and
being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron found at the northwest corner of the herein described tract, said
point being the most northerly northeast corner of Lot 5, H. Granberry No. 581 Addition, as shown
on a plat recorded in Cabinet A, Slide 1976, Plat Records, Tarrant County, Texas, (PRTCT), said
point also being in the south line of Lake Crest Addition to the City of Southlake as shown on a
plat recorded in Cabinet A, Slide 1541, PRTCT;
THENCE S. 89 °- 22' -39" E. 774.06 feet to the Point of Beginning;
THENCE S. 89°-22'-39" E. 135.26 feet;
THENCE N. 86°-42'-39" E. 176.83 feet;
THENCE S. 36 °- 40' -06" W. 75.24 feet;
THENCE S. 29 °- 13' -12° W. 74.80 feet;
THENCE S. 21°-40'-50" W. 75.04 feet;
THENCE S. 14°-30'-37" W. 65.53 feet;
THENCE S. 87 °- 46' -14" W. 54.49 feet;
THENCE S. 00 °- 48' -00" W. 22.23 feet;
THENCE S. 89 °- 46' -05" W. 129.98 feet;
THENCE N. 00°-38'-11" W. 274.12 feet to the Point of Beginning and containing 1.422 acres,
more or less.
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"S -P -1" Detailed Site Plan District
for
Feed Store Barbeque
530 S. White Chapel Boulevard
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No.
480, as amended, as it pertains to the "C -1" Neighborhood Commercial District uses and regulations with
the following exceptions:
1) The floor area of the restaurant operation shall not exceed 4,900 square feet.
2) Front Yard shall be no less than 10 feet from the right -of -way of S. White Chapel Boulevard as it
is indicated on the site plan made a part of this ordinance.
3) Bufferyards shall not be required.
4) No building articulation shall be required.
5) The screening requirements of Ordinance 480, Section 39.4.b. (Screening required where a non-
residential use abuts a residentially zoned property or property having an occupied residential
having a residential zoning designation) shall not apply.
6) A bituminous built -up roof over the outdoor dining patio area shall be allowed.
7) No sidewalk construction along the west side of South White Chapel Boulevard shall be required
adjacent to the property.
8) Any existing non - conforming conditions not specifically addressed by the this "S -P -1" zoning
district shall be permitted to remain under the conditions prescribed in Ordinance No. 480,
Section 6, as amended, "Non- conforming Uses."
12
INVOICE
Star - Telegram Customer ID: CIT57
808 - Throckmorton St. Invoice Number: 329676621
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 4/18/2014
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 4/30/2014
Bill To: MAY - 9 2014 PO Number: 21400046
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 32967662
STE 440 OFFI..L::, : Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 4/18/2014
4r CITY OF SOUTHLAKE,- TEXAS - ; ;; 4.r • ORDINANCE NO. 480-435A stt LOCatioff Cfl £ tIl LIl'C c l .,'- Rate _ Amo
"
s
AN ORDINANCE AMENDING ORDI- P
NANCE NO. 480, AS AMENDED,
CITY OF `
1 T HE IN COMPREHENSIVE CII Y INF I I3 1 62 62 LINE $1.20 $74.40
SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING 'LEGALLY DE-
SCRIBED AS TRACT 4D AND A Net A mo u n t . $74.40 •
PORTION OF TRACT 1F, HIRAM
GRANBERRY SURVEY, ABSTRACT '
NO. 581, CITY OF SOUTHLAKE, ,
TARRANT COUNTY, TEXAS, BEING 1').-
APPROXIMATELY L42 ACRES, !- ��
AND MORE FULLY AND COM-
"A" FROM 5 P l" DETAIL D /I C, C ����, °Jsf
PLAN DISTRICT TO "S -P -1" DE- 7 . , j /,
• TAILED SITE PLAN DISTRICT AS <,C ;• : ' `/
PLAN AND yf r� /� `
INCORPO HEREIN AS EX- � :
HIBIT "B ", SUBJECT TO THE
1 SPECIFIC REQUIREMENTS CON-
TAINED IN ' THIS ORDINANCE; +�-
CORRECTING THE OFFICIAL ZON- o` " "v "" CNRISTY LYNNE HOLLAND
ING MAP; PRESERVING ALL OTHER ,`,� ".. �
PORTIONS OF THE ZONING OR- 3 =° • `� . Notary Public, State of Texas
DINANCE; DETERMINING THAT - '
THE PUBLIC INTEREST, MORALS ; +` My Corr SSIOf Expires
AND GENERAL WELFARE DEMAND %., ova,,, July 31, 2016
THE ZONING CHANGES AND " —
- -- -
THE STA AMENDMENTS HEREIN MADE; '°
County of PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING
Before m: IDSEVERAB ORILIA
TY PE AiTY PRO- 'ounty and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, VIOLATIONS HEREOF; PROVIDING Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached 4 A - SAVINGS CLAUSE; PROVIDING published in the o named paper on the listed dates: BIDS & LEGAL D PT. STAR TELEGRAM
( CIA
817 215 FOR L P I ; I A I N D THE P OFFI-
‘\_ �/
LNG AN EFFECTIVE DATE.
Any person, firm corporation on who who Signed .31\
violates, disobeys, omits, neglects
or refuses to comply with or who
SUBSCRI resists the enforcement of any of ME, THIS Thursday, Ap' • , .014. .-----...\ the provisions of this ordinance
shall be fined not more than Two N o t ary P - /
Thousand Dollars ($2,000.00) for L / , �� P / / �``
each offense. Each day that a � , ' ��
violation is permitted to exist shall /
constitute a separate offense.
Passed and approved this the 15th
day of April, 2014 during the regular
City Council meeting.
Mayor: John C. Terrell
Thank Attest: Alicia Richardson, City Sec- nt
retary r
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 329676621
Invoice Amount: $74.40
PO Number: 21400046
Amount Enclosed:
INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorfan St. Invoice Number: 329153271
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 3/7/2014
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To: Due Date: 3/31/2014
CITY OF SOUTHLAKE PO Number: 21400046
1400 MAIN ST Order Number: 32915327
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604
Description: PUBLIC HEARING
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 3/7/2014
z o,1 ter, 4 � - E
) r _ � � 5 .q * . a $ , z $ € ^ 4 ' •,
D e Dent ! LmS e - m: Rate
illi
`PUBLIC HEARING ''
PUBLIC I 'CITY OF SOUTHLAKE, TEXAS 13580
Notice is hereby given to all inter - 1 45 45 LINE $1.20 $54.00
ested persons that the City of
Southlake, Texas, will consider the
following items in the Council
Chambers at Town. Hall, 1400 Main
Street, Southlake, Texas for:
City Council on Tuesday, April 15, Net Amount: $54.00
2014, at 5:30 p.m. will hold a public
hearing and consider:
• Ordinance 480 -435a (ZA13-137),
Zoning Change and Site Plan for
Feedstore BBQ to include a Request
for a Variance to the Masonry $�
Ordinance No. 557 -A, as amended, 2 t \ "Si-
on property being described as Tract p ..e_ "7 T
4D and a portion of Tract 1F, Hiram
Granberry Survey, Abstract No. 581, n t � �
City of Southlake, Tarrant County,
Texas, located at 530 and 580 South O 1 ,.,� ' y
White Chapel Boulevard, Southlake, rn Texas. Current Zoning: "S -P -1" ,p c
Generalized Site Plan District. 3 �, `' --
Requested Zoning: "S -P -1" Gen - �j '- r
eralized Site Plan District. SPIN ��,
Neighborhood # 10. / t. ,.,,,,,,nx.,., ,,.,,., m.., ,,,.„ ,, ,, ,
ds ,n_
• Ordinance 480 -661 (ZA14 -028), ;11 7- ,,
Zoning Change and Site Plan for i'� c .. CHRISTY LYNNE HOLLAND
Christ Our King Church on property --� = , :: -,_ -.n Norm', Public, State of Texas
being described as Lot 5, Meadow
Oaks Subdivision, an addition to ^y. f �9'y C Expires
THE STA- the City of Southlake, Tarrant %;E g ∎∎ o July 31, 2016
County Of County, Texas, located at 595 S. , ,1_ r Z 9 � � . � Kimball Ave., Southlake, Texas.
C urreni "A" Sg Famil y Res ng: SF -1
District. in Re-
le
Before ME
quested Zoning: "s - - l" Detailed County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, hoe Pk District. SPIN Neighbor - Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached c All interested persons are urged to Published in the a , • • - named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215- attend.
City of Southlake ` ` ;� ,
Alicia Richardson, TRMC \ � (\ \
My- Secretary Signed \ f •
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Marc .7/,20 .
Notary Public /`j .. ..4'.. , �,. ,. �� `
I
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: 329153271
Invoice Amount: $54.00
PO Number: 21400046
Amount Enclosed: