480-605BCITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-605b
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 IR, 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
"S -P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE
DISTRICT USES, AMBULATORY SURGERY CENTER AND
COMPOUNDING PHARMACY AS PERMITTED USES TO "S -P-
1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE
DISTRICT USES, AMBULATORY SURGERY CENTER AND
COMPOUNDING PHARMACY AS PERMITTED 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 "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 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 1R, 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 "S -P-1" Detailed
Site Plan District with "0-1" Office District Uses, Ambulatory Surgery
Center and Compounding Pharmacy to "S -P-1" Detailed Site Plan District
with "0-1" Office District Uses, 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 approvals:
• Removing the ambulatory surgery center from Building 'A' and moving it to
Building 'B'
• Including the generator enclosure as shown (presentation shown on
December 2, 2014) and the covered parking spaces
• Granting the variance to the building articulation to the south elevation;
• Taking away two parking spaces (spaces 61 and 62 on the site plan)
• And subject to the Staff Report dated November 25, 2014 and Site Plan
Review Summary No. 2 dated October 31, 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 of the 18th day of November, 2014.
ATTEST: ,,•`'vTHtF'•.,,
CITY SECRET .,
PASSED AND APPROVED on the 2nd reading of the 2nd day of December,
2014.
APPROVED AS TO FORM AND LEGALITY:
t
CITY ATTORNEY
DATE:
ADOPTED:/��' 1•n,li�P)' �, ��/�
EFFECTIVEZ,Q r,(-Vy ,S �Dl
ATTEST: JTVALAkF
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CITY SECRETA
EXHIBIT "A"
Being described as Lot 1 R, Block 2, Watermere at Southlake Addition, an addition to the City of
Southlake, Tarrant County, Texas being approximately 3.01 acres according to the plat
recorded in Tarrant County records under Instrument No. 212233772.
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Uses:
• All uses allowed in the O-1' Office District
• Allow up to a 9,000 sf ambulatory surgery center as a permitted use in Building 'B'
• Allow a compound pharmacy up to 2,000 sf as a use
• Allow the required covered drop-off and pick-up parking spaces as a permitted use
in Building `B'
• Allow the required generator to be located at Building 'B' as a permitted use
Regulations:
• 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;
• Variance to the Tree Preservation Ordinance No. 585-D; allowing the applicant to
preserve approximately 33% of the trees;
• Variance to the Zoning Ordinance, Section 43.13.8 for Overlay Zones to allow to
encroachment into the residential adjacency setback;
• Parking ratio to be 1 space per 177 sf
• noting the additional uses for up to 2,000 square feet for a compounding pharmacy
and up to 9,000 square feet for an ambulatory surgery center located in Building `B'
• noting that the awning (canopy structure) required by the State will be of the same
building materials as noted in the existing building
• also noting that all prior approvals, variances, and stipulations regarding this site will
remain in effect
• allow the vertical and horizontal articulation on the south fagade of Building "B" as
shown on the site plan and elevation
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INVOICE
Star - Teleg Customer ID: CIT57
808 Throckmorton St. Invoice Number: 332126081
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 11/12/2014
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 11/30/2014
Bill To: PO Number: 21500075
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 33212608
STE 440 Sales Rep: 043
SOUTHLAKE, TX 76092-7604 Description: PUBLIC HEARING
Attn:Attn: ACCOUNTS PAYABLE Publication Date: 11/12/2014
f ' s ,: ;, n D
L€►eatio Col Depth Linage- Descriptioi e MU Rate Amount
PUBLIC HEARING NOTICE
PUBLIC HEAR CITY OF SOUTHLAKE, TEXAS 13580 1 51 51 LINE $17.32 $883.22
Notice is hereby given to all inter-
ested persons that the City of
Southlake, Texas, will consider the
Sales Discount following items in the . Council ($822.02)
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for: ,
City Council on Tuesday, December
2, 2014, at 5:30 p.m. will hold a
public hearing and consider:
• ZA14 -137, Specific Use Permit for Net Amount: S61.20
Outdoor Sales and Services for Fans
United Tailgate Event on property
described as Lots 1 -6, Block - 1, The
Shops of Southlake, an addition to i f"1:1:"!
the County, Texas and located at 1201- t ,, ry t ` J -Al /!'\.l I�
1451 Carroll Avenue, Southlake, J ) , V � ' I ( t O Air
Texas. Current Zoning: "S -P -2"
Generalized Site Plan District. SPIN l7`07 7
8 f 330
Neighborhood 48. G
• ZA14 -133, Site Plan for Spin Pizza
on property described as Lot 2,
Block 23, Southlake Town Square '.I ' 1
Addition, an addition. to the City of _ _ d - ,:, . %i ) r yi
Southlake, Tarrant County, Texas - =
' ? C` ;: � , • , , °a
and located at 1586 E. Southlake {
Blvd., Southlake, Tarrant County, F ,
Texas. Current Zoning:
THE STATE 01 Downtown District. SPIN 'Neigh- F,
. _ - _ __. j §
of Tarra , borhood It 8.
County Ordinance 480 -605b (ZA14 -125);
Zoning Change and Site .Plan for
Before me, a N Watermere Medical Plaza on
property being described as Lot 1R, f and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, publi Bloc do , Watermere
tern to the c tv o t Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clippin Southlake, Tarrant County, Texas led in the - •ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7039 located at 2815 W. Southlake
Boulevard, Southlake, Texas. Cur- ,
rent Zoning "S -P -1" Detailed Site ib
Plan District. Proposed Zoning: "S- signed ` ,.� , ih s li
P -1" Detailed Site Plan District.
SPIN Neighborhood 1-11.
SUBSCRIBED '
A
'ay
ll interested persons are urged to HIS Thursday, •v - • — 2014. ,
attend. �/
City of Southlake J /
Lon Payne, TRMC Notary Public �� , 1` 1
City Secretary - J r --
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: 332126081
Invoice Amount: $61.20
PO Number: 21500075
Amount Enclosed: $