480-605A CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-605a
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 LOT 1 R, BLOCK 2, WATERMERE AT
SOUTHLAKE ADDITION, SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 3.01 ACRES AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN
DISTRICT WITH "0-1" OFFICE DISTRICT USES WITH
AMBULATORY SURGERY CENTER . AND COMPOUNDING
PHARMACY AS PERMITTED USES AS DEPICTED ON THE
APPROVED SITE PLAN FOR WATERMERE MDEICAL PLAZA
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 "0-1" Office
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 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 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 described as Lot 1 R, Block 2, Watermere At Southlake Addition,
Southlake, Tarrant County, Texas, being approximately 3.01 acres, and
more fully and completely described in Exhibit "A" from "0-1" Office
District to "S -P -1" Detailed Site Plan District with "0-1" Office District Uses
to include Ambulatory Surgery Center and Compounding Pharmacy as
permitted uses as depicted on the approved Site Plan attached hereto and
incorporated herein as Exhibit "B," and subject to the following conditions
from the previous Zoning Approval:
1. Granting the variance to the Zoning Ordinance, Section 39.6(a)/39.2(b)
for screening and fencing of the western boundary of the property and
not require an 8 -ft. fence; however, reserve the right to have the 8 -ft.
fence put into place in accordance with the zoning in the event the
property to the west is developed residentially;
2. Granting the variance to the Tree Preservation Ordinance No. 585 -D;
allowing the applicant to preserve approximately 42% of the trees;
3. Granting the variance to the Zoning Ordinance, Section 43.13.8 for
Overlay Zones;
4. Granting the variance to the Zoning Ordinance, Section 35 for Off-
Street Parking up to 10 %;
5. And, subject to the staff report dated December 28, 2011 and the Staff
Review Summary No. 2 dated January 11, 2012.
And the following conditions based on this request:
• noting the additional uses for up to 2,000 square feet for a compounding
pharmacy and up to 8,000 square feet for an ambulatory surgery center
• noting that the awning (canopy structure) required by the State will be of the
same building materials as noted in the site plan and existing building
• also noting that all prior approvals, variances, and stipulations regarding this
site will remain in effect
• subject to the Site Plan Review Summary No.2 dated May 14, 2014.
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.
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.
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 20 day of May, 2014.
all 0 go •
MAYOR
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CITY SECRET RY -, • '••..,...,...•' r
PASSED AND APPROVED on the 2nd reading the 3rd day of June, 2014.
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MAYOR
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CITY SECRET Y v ':
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APPROVED AS TO FORM AND LEGALITY:
e 6,84,J
CITY ATTORNEY
DATE: (:)Js/!
ADOPTED: 06/0 -,))/ / /
EFFECTIVE: 06/0 Co / / Li
EXHIBIT "A"
Watermere Medical Plaza is on property described as Lot 1 R, Block 2, Watermere at Southlake
Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat filed
as Instrument # D212233772 in the Plat Records, Tarrant County and being approximately 3.01
acres in size.
EXHIBIT "B"
1".J.3__ LAKE ARCHITECTS
10 f
1202 S. White Chapel Road • Suite A
Southlake, Texas 76092 • 817 -488 -9397
May 5, 2014
City of Southlake
Site Plan ZA14 -035
Watermere Medical Plaza
2813 Southlake Blvd.
Southlake, Texas 76092
The existing building and existing parking lot shall remain as is except for the the
Addition of a three space covered parking area for Patient drop-off as required for an
Ambulatory Surgery Center. A handicap space and drop off zone must be a part of any
covered drop -off as required by Federal and State ADA laws.
SP -1 Zoning Request:
All requirements stated per the City of Southlake Zoning Ordinance under Section 18
"0-1" Office District shall continue to be followed and met with the exceptions as
follows:
18.2 Permitted Uses:
c. Compound Pharmacy. (Not to exceed 2,000 square feet of usable space.)
d. Ambulatory Surgery Center. (Not to exceed 8,000 square feet of usable space.)
Parking Requirements:
a. Parking shall allow for 26,000 square feet of usable building space to be
served by 145 Parking spaces for a ratio of 179 square feet of usable building
per parking space.
(Note that Ambulatory Surgery Centers and/or Compound Pharmacy's have a
higher than average amount of "support" space dedicated to non -
personnel/patient space that is required for them to function. For example
Surgery Centers have large low occupancy surgery rooms supported by clean
rooms, dirty rooms, janitoral closets, etc. Compound Pharmacy's have a large
amount of "product" storage.)
Sincerely,
c
Roger (Skip) Blake, Architect
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BHT I or
INVOICE
Star Customer ID: CIT57
808 Throckmorton St. Invoice Number: 330270661
FORT WORTH, TX 76102 REC E. IVE D
(817) 390-7761 Invoice Date: 6/6/2014
Federal Tax ID 26-2674582 Terms: Net due in 21 days
JUL Due Date: 6/30/2014
Bill To: - 3 2014
PO Number: 21400046
CITY OF SOUTHLAKE
1400 MAIN ST OFFICE OF CITY 'Order Number: 33027066
STE 440
Fs2.-...,,,, ._ , '
Sales Rep: 073
SOUTHLAKE, TX 76092-7604 '
Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 6/6/2014
. . „ .
.'.'Lciegiticm . Col Depth Linage MU Rate Amount
. _.....
CITY OF SOUTHLAKE, TEXAS
( ORDINANCE N0. 480-605A , Legal Notices
AN ORDINANCE AMENDING ORDI- - - 1 64 64 LINE $1.20 576.80
NANCE NO. 480, AS AMENDED, CIAL NEWSPAPER; AND PROVID-
THE COMPREHENSIVE ZONING ING AN EFFECTIVE DATE.
ORDINANCE OF THE CITY OF Any person, firm or corporation who
1 SOUTHLAKE, TEXAS;ZRANTING A violates, disobeys, omits, neglects
ZONING CHANGE ON A CERTAIN or refuses to comply with or who
TRACT OR TRACTS OF LAND resists the enforcement of any of Net Amount: $76.80
WITHIN.THE CITY OF SOUTHLAKE, the provisions of this ordinance
TEXAS BEING DESCRIBED AS LOT shall be fined not more than Two
1R, BLOCK 2, WATERMERE AT Thousand Dollars ($2,000.00) for
SOUTHLAKE ADDITION, SOUTH- each offense. Each day that a
LAKE, TARRANT COUNTY, TEXAS, violation is permitted to exist shall
BEING APPROXIMATELY 3.0256 constitute a separate offense.
ACRES AND MORE FULLY AND Passed and approved this the 6th
COMPLETELY DESCRIBED IN EX- day of June, 2014 during the regular
HIBIT "A" FROM "0-1" OFFICE City Council meeting.
DISTRICT TO "SP-l" DETAILED. Mayor: John C. Terrell
SITE PLAN DISTRICT WITH "0-1" Attest: Alicia Richardson, City Sec- ,JUN IL 9 2014
OFFICE DISTRICT USES AND AM- retary
BULATORY SURGERY CENTER
AND COMPOUNDING PHARMACY
AS PERMITTED USES AS DE-
PICTED ON THE APPROVED SITE :.;\iF-;! ':: l 1
PLAN ATTACHED HERETO AND - ,-,_ _i
INCORPORATED HEREIN AS EX-
HIBIT "B", SUBJECT TO THE ..................,,,nn....
SPECIFIC REQUIREMENTS CON-
TAINED IN THIS ORDINANCE; ss''P';' CHRISTY LYNNE HOLLAND
CORRECTING THE OFFICIAL ZON- zi. 0 Notary Public, State of Texas
4z
ING MAP; PRESERVING ALL OTHER I
PORTIONS OF THE ZONING OR- ..'4.,,'. My Commission Expires
July 31, 2016
DINANCE; DETERMINING THAT L'°"
..,-1-
1 L:f24,00` i
THE PUBLIC INTEREST; MORALS
AND GENERAL WELFARE DEMAND il...1111MMIMmdi•Mlit
THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; d for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
PROVIDING THAT THIS ORDI Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
NANCE SHALL. BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING - tient was published in the : - named paper on the listed dates: BIDS & LEGAL DE • . STAR TELEGRAM
A SEVERABILITY CLAUSE; PRO-
VIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING ‘ ,
A SAVINGS CLAUSE; PROVIDING Signed ‘■ ' - All/
FOR PUBLICATION IN THE OFFI-
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Ju -
i di Ai ,. f dir 0 /16ii CD
Notary Public /...4..idiw
—
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: 330270661
Invoice Amount: $76.80
PO Number: 21400046
Amount Enclosed: $ • 1
. .