480-426
OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-426
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 LOT A,
BLOCK C, BRIARWOOD ESTATES, PHASE 1, BEING
APPROXIMA TEL Y 1.052 ACRES, AND MORE FULL Y AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL
RETAIL COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN
DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL 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
PENAL TY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSP APER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South lake, 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 ] ocati on and use ofbuildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the puhlic health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail Commercial
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 CounciJ of the City ofSoutWake, 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 ofthe 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
faci]ities; and,
WHEREAS, the City Council of the City of South lake, 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 SoutWake, 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 find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fITe, 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 oftransportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS, the City Council of the City ofSoutWake, 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 ofland were origina]]y classified and therefore feels that the respective changes
in zoning classification for the tract or tracts ofland are needed, are ca]]ed 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] 9th day of September, ] 989, as originally adopted and amended, is hereby amended so that the
pennitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Lot A, Block C, Briarwood Estates, Phase 1, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-139, Pages 7 & 8, Plat
Records, Tarrant County, Texas, and being approximately 1.052 acres, and more fully and
completely described in Exhibit "A" from "C-2" Local Retail Commercial District to "S-P-]"
Detailed Site Plan District with "C-2" Local Retail Commercial District uses as depicted on
the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to
the specific conditions established in the motion of the City Council and attached hereto and
incorporated herein as Exhibit "C."
Page 3
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of South lake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use ofthe tract or tracts ofJand herein above described shall be subject to
all the appJicable regulations contained in said Zoning Ordinance and all other applicable and peliinent
ordinances for the City of South lake, 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 ]and; 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 dcveJopment 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 SoutWake, Texas,
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where
Page 4
provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shalJ be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts ofland described herein shall be declared to be invalid,
the same shall not affect the vaIidity 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.
An rights and remedies of the City of South lake are expressly saved as to any and all violations ofthe
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
thc 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 ofSoutWake 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
¡iHeen (] 5) 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
additionaJIy 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 South lake.
Page 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 1 st reading the 4th day of November, 2003.
-/~ ~"\
MAYOR
ATTEST:
k()~
,
CITY SECRETARY
'.ASSED AND APPROVED on the 2nd reading the 18th day of November, 2003.
~~--
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ATTEST:
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CITY SECRET AR Y
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Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
lHB-D3
ADOPTED:
EFFECTIVE:- 11- 8J 03
Page 7
EXHTBIT "A"
Being Lot A, Block C, Briarwood Estates, Phase 1, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-139, Pages 7 & 8, Plat Records, Tarrant County, Texas,
and being approximately 1.052 acres.
Page 8
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Page 9
I~BLAKE ARCHITECTS
1202 S. V\Thite Chapel Road. Suite A
Southlake, Texas 76092 . 817-488-9397
Dr. Marciano Office Complex
Proposed Permitted Uses and Development Regulations for "S-P-I" Zoning
Permitted Uses
This property shaH be limited to the pemntted uses as found in the 'T-2" Local
Retail Commercial District as described in Section 21 of the Comprehensive Zoning
Ordinance No. 480. as amended.
Development Regulations
This property shall be subject to the development regulations for the "C-2" Local
Retail CommercJal District, and all other applicable regulations with the follmving
exceptions:
.
Covered parking shan be a pennitted accessory use and limited to the J 0
spaces as shown on the site plan.
REC'O OCT 06 2003
Page 10
EXHIBIT "c"
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING
MINUTES
NOVEMBER 18, 2003
Motion was made to approve Ordinance No. 480-426, 2nd Reading, subject to Site Plan Review Summary No.
4, dated November 12, 2003, and subject to P&Z's approval; granting requested variances; prohibiting
Christmas tree sales, tires, batteries, and other auto accessory saJes; and requiring the screening to be of a
plant-type that reaches at Jeast 8 feet within one year.
Motion:
Second:
Ayes:
Navs:
Approved:
Standerfer
Evans
Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Potter
6-]
REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 23, 2003
Motion was made to approve ZA03-064, subject to Site PJan Review Summary No.4, dated October] 7,
2003; granting variances requested eliminating the folJowing "C-2" uses: Christmas tree sales; tires,
batteries, and other automobile accessory sales.
Motion:
Second:
Ayes:
Nays:
Approved:
Stansell
Kulpinski
StanseIJ, KuJpinski, Williams, Springer, Edmondson, Vaughan, Terrell
None
7-0
Page 11
SITE PLAN REVIEW SUMMARY
Case No.: ZA03-064
Revised Review No.: Four
Date of Review: 11/12/03
Project Name: Site Plan - Dr. Marciano Office Complex
-----------
APPLICANT:
Dr. Marciano
-- --~ -- -------
ARCHITECT: Blake Architects
Skip Blake
1202 S. White Chapel Blvd, Suite A
Southlake, TX 76092
Phone: (817) 488-9397
Fax: (8]7) 251-3205
-------- -- -----------------
- ----- ----
Phone:
-- ---- - -~-- --- - ------ ._--~_.-
Fax:
CITY STAFF HAS REVIEW ED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/06/03 AND WE
OFFER THE FOLLOWfNG STIPULATIONS. THESE STIPULA TJONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROV AL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (8]7) 48]-2086.
G
ID
I
t St
d d
A
r
c
t
Jenera eve opmen an ar s ,pplies ommen s
Corridor Overlay Regulations Y Comp]ies
Residentia] Adjacency Y Complies
Building Articulation Y Complies
Masonry Standards Y Complies
Impervious Coverage Y Complies
-
Rufferyards Y Complies
] nterior Landscape Y Complies
Driveways Y See Comment No. ]
lighting Y Must comply with Outdoor Lighting Ordinance No. 693-B
1.
Commercial, muJti-family, and service driveways shall not be permitted on colJector or local streets
unless the tract or Jot has no other public access. (A variance has been requested.)
2.
Provide the required number of parking spaces. (A variance for a 10% reduction in the required
number of parking spaces has been requested).
3.
An access easement recorded with Tarrant County must be provided for the common access drive
prior to issuance of a building permit.
4.
Provide an 8 foot screening device meeting the requirements of Ordinance 480, Section 39, as
amended, along the north property line.
Page 12
INFORMATIONAL COMMENTS
*
The proposed site does not exceed the maximum permitted impervious coverage area percentage of
70% for the "C-2" Zoning District. The percentage of this site is approximately 67%.
*
This property lies within the 65 LDN DIFW Regional Airport Overlay Zone and will require
construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance
No. 479.
*
The applicant should be aware that prior to issuance of a buiJding permit a fully corrected site plan,
landscape plan, irrigation plan, and building plans, must be submitted for approval and all required
fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter
Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
*
A permit from TxDOT must be obtained prior to any curb cut along S.H. 114.
*
Please be aware that any change oftenanUowners with a request for a new c.0. will require that all
parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes
shall be per the Fire Department's requirements.
Page 13
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 234103041
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 11/02/2003
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/2003
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 23410304
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 11/02/2003
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he 1 35S0 I 123 123 LINE S7.46 $918.12
CITY OF SOUTH-
LAKE
Sales Discount Notice is hereby given
by the City Council of ($753.30)
the City of Southlake,
Texas, that a public
hearing will be held
on November 18,
2003, at 6:00 p.m. or
immediately following
the Work Session, Net Amount: $164.82
during the Regular
City Council Meeting
to be held in the City _
Council Chambers of ---
Town Hall, 1400 Main _ _
Street, Southlake, --_ -`_ r h',
Texas.Purpose of the l
public hearing is to ,i _ '_� _-_
consider the second
consider
of the fnd u
ORDINANCE NO.
480-426 ;i,q I "7 �(11!`;,3
AN ORDINANCE V I
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED, 'THE
COMPREHENSIVE
ZONING ORDI- OF CITY SECRETARY
OFNCESOUTHLAKE OFFICE
A ZONINTEXA ; G CHANGE
THE STATE OF' TRACT OR TRACTS
County of Taman TORE LA CIT WITHIN
OF
SOUTHLAKE TEX-'
AS BEING LEGALLY
Before me,a Not DESCRIBED AS LOT I County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator
A
A..WOOD ECK ST
BRI-
for the Star-Teleg ESTATES'
PHASE 1 BEING ar-Telegram,Inc.at Fort W h, in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the attached APPROXIiv1ATELY lent was published\OR THE INTERNET in the above named paper on the listed dates: BIDS at LEGAL
DEPT. STAR TLI MORE AFULLY ANDA
COMPLETELY DE-
(817) 390-757. SCRIBED IN EXHIBIT .
A" FROM "C-2" LO-
CAL RETAIL COM-
MERCIAL DISTRICT
TO "S-P-1" DE- Signed
TAILED SITE PLAN
DISTRICT WITH "C-
SUBSCRIBED Ali 2" LOC CIA10E DAIS-E ME, THIS Friday,November 0 2003. •
TDEPICTED T US ON THE
APPROVED SITE
PLAN ATTACHED Notary Public
HERETO AND IN-
CORPORATED t�* vie. VICKI L.WASON
HEREIN AS EXHIBIT l',_i°W' 6c:-
'B" SUBJECT TO a`
THE SPECIFIC RE- .I`i `j MY COMMISSION EXPIRES
Thank You I QUIREMENTS CON- °i.6' �s
TAINED IN THIS'lent -`14--,.14,;*` AUGUST 28,2004
ORDINANCE; COR-
RECTING THE OF-
-— — — FICIAL ZONING -
MAP: PRESERVING
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
NANCE; DETER-
MINING THAT THE,
i PUBLIC Remit To: MORALS AND REST
Customer ID: CIT57
ERAL WELFARE
i DEMAND N-
NG CHANGESZAND Customer Name: CITY OF SOUTHLAKE
AMENDMENTS
I PROVIN DING M THAT 'X 76101-2051 Invoice Number: 234103041
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL Invoice Amount: $164.82
ORDINANCES;
PROVIDING A SEV-
ERABILITY PO Number:
CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;PROVIDING A SAV-
Amount Enclosed: $
PROVIDING LA FOR.
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
-FCTIVE DATE.
SECTION 7
person, firm or
oration who vio-
...................................
............................._.:
...................................
INVOICE ; >`'
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 234815301
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 11/21/2003
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/2003
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 23481530
STE 440 Sales Rep: 073
SOUTHLAKE. TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 11/21/2003
' : ti dOtiO1It €giii1D011 . ILinage M ' Rate. All tOtt at
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 111 111 LINE $0.81 $89.91
' CITY OF SOUTH-
LAKEORDINANCE NO.
480-426
AN ORDINANCE
AMENDING ORDI- Net Amount: $89.91
NANCE NO. 480 AS
COMPREHENSIVE
ZONING ORDI-
OFNCESOFUTHLAKE
TEXAS; GRANTING
A ZONING CHANGE
ON A CERTAIN
TRACT OR TRACTS f�
OF LAND WITHIN D i ii i ii (yi i "'1
THE CITY OF IIv_ V L[ -
SOUTHLAKE TEX-
DESCRIIBED AS LOT
A BLOCK C BRI-
AIZtWOOD ESTATES,
PHASE 1 BEING DEC — 2
APPROXIMATELY
1.052 ACRES AND
MORE FULLY AND
COMPLETELY DE-
SCRIBED IN EXHIBIT
FROM c-2° LO-
CAL RETAIL COM- OFFICE OF CITY SECRETARY
MERCIAL DISTRICT
TO "S-P-1" DE-
TAILED SITE PLAN
THE ST DISTRICT L WI RETAIL
County TRICfT E USES DAS
DEPICTED ON THE
APPROVED SITE
Before r PLAN ATTACHED Id for said County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator
HERETO AND IN-
for the : HEREIN OAS EXHIBIT I by the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who,after being duly sworn,did depose and say
that the "B" SUBJECT TO advertisement was published\OR 0 E INTERNET in the above named paper on the listed dates: BIDS&LEGAL
DEPT. . o REIN EMENTSCCONEIS-
-
toI7) • ORDINANCE; COR-
RECTING THE
OF-
FICIAL ZONING
MAP; PRESERVING Si ned
ALLTIO OTHER PORE g12.1.422v.......
ZONING ORDI-
SUBSCR MINING THAT DETER-
I BEFORE ME, THIS Tuesday,November 25, 2 -
PUBLIC INTEREST,
MORALS AND GEN-
ERAL WELFARE
DEMAND THE ZON- Notary Public
ING CHANGES AND •.,,
AMENDMENTS i VICKI L.WASON •
HEREIN MADE-
PROVIDING THAT r MY COMMISSION EXPIRES
THIS ORDINANCE
Thank SHALL BE CUMU- Payment "?or,„ " AUGUST 28,2004
LATIVE OF ALL , ,
_ ORDINANCES; .
PROVIDING A SEV- ._....M................-...._-- .m............,..—..-....... _ ---^—
ERABILITY CLAUSE; ,
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
SAV-
INGS IDINGCLLA
Remit PUBLIEATIGON_ FOIN Tam Customer ID: CIT57
THE OFFICIAL
PROVIDINGRANAEFD-)01051 Customer Name: CITY OF SOUTHLAKE
FECTIVE DATE.
SECTION )RTH TX 76101-2051 Invoice Number: 234815301
Any person, firm or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to Invoice Amount: $89.91
comply with or who
resists the enforce-
ment of any of the PO Number:
provisions o this or-
dinance shall be fined
not more than Two
Thousand Dollars Amount Enclosed: Q
($2,000.00) for each all.
offense.Each day that
a violation is permitted
to exist shall consti-
tute a separate of-
fense.
PASSED AND AP-
PROVED THIS THE
18th DAY OF NO-
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