480-728a CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-728a
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 LOTS 1-8X,
BLOCK A, HIGHLAND CORNER ADDITION, AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 6.068 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
Ordinance No. 480-728a Page 1
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
Ordinance No. 480-728a Page 2
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 Lots 1-8x, Block A, Highland Corner Addition, an addition to the City
of Southlake, Tarrant County, Texas and located at 1030, 1100, 1110, 1120, 1130, 1140,
1150 and 1160 N. Kimball Avenue, Southlake, Texas; and being approximately 6.068
acres.
Approved Zoning Change and Site Plan from "S-P-1" Detailed Site Plan District to "S-P-
1" Detailed Site Plan District to allow the previously approved building color (brown) to
be changed to grey for all seven (7) buildings as shown on the rendering in Exhibit `B'.
All other components previously approved for the Highland Corner development under
Ordinance No. 480-728 shall remain:
1. Approved Zoning Change and Site Plan for Highland Corner, located at
2149 East Highland Street and 1030 North Kimball Avenue, subject to
Staff Report dated October 10, 2017 and Site Plan Review Summary No.
4, dated September 25, 2017, granting the following variance requests:
1) Driveway Ordinance No. 634, Section 5.2.d requires a minimum
stacking depth of 100' for both driveways. The applicant is requesting
a variance to allow stacking depths of approximately 30.3' for the
northern driveway and 48.5' for the southern driveway.
2) Driveway Ordinance No. 634, Section 5.1 requires a minimum distance
of 200' from a commercial driveway to an intersection along an arterial
roadway. The applicant is requesting a variance to allow the spacing
from the southern driveway to the intersection of N. Kimball Avenue
and Southlake Glen Drive to be approximately 100'.
Ordinance No. 480-728a Page 3
Also noting the approval of the following plans:
- The revised landscape plan presented this evening which indicates
additional tree plantings along East Highland Street, consisting of Nelly R.
Stevens or Burford Holly materials to screen the northern most parking
spaces from the roadway, and clarifying the type of trees to be planted
along the western and southern property boundaries to be cedars, instead
of chase trees and crepe myrtle trees, and must be a minimum of 5' tall as
the time of planting.
Noting, as to the dumpsters:
- Approval of the original site plan location of the two trash dumpsters.
Also noting the following 1st Reading conditions:
1) All mechanical equipment shall be placed on a portion of the building
not facing Kimball Avenue or East Highland Street; and if not practical,
then mechanical equipment will be fully screened from view using
either a wing wall of stone that matches the buildings or bushes planted
at a height and thickness to fully screen the equipment.
2) The applicant has agreed, with respect to Lot 7 in the northwest corner,
to improve the landscaping with additional grass as discussed at the
October 5, 2017 meeting.
3) Lot 7 will allow for cross access and pedestrian access.
4) In addition, with respect to signage, the applicant has noted that no
monument signage will be requested for East Highland Street and no
more than 20' north of the northern most drive on North Kimball
Avenue.
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
Ordinance No. 480-728a Page 4
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,
Ordinance No. 480-728a Page 5
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.
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 February, 2019.
;-)lakfx0
MAYOR
001111"144
oJ��oAKE, T�f TEST.
- vj. N,
r � ;•• c S bRETARY
41111 I too"
PASSED AND APPROVED on the 2nd reading the 5th day of March, 2019.
MAYOR
‘HLA.
`
```�� v . ,
. %\ tom'
'scn
4146liA
t
•.. : I T§ SEITARY
s
Ordinance No. 480-728a Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: // I
ADOPTED: �21 Irl
EFFECTIVE: L�
Ordinance No. 480-728a Page 7
EXHIBIT "A"
Being described as Lots 1-8x, Block A, Highland Corner Addition, an addition to the City of Southlake,
Tarrant County, Texas, being approximately 6.068 acres, and more fully and completely described
below:
STATE OF TEXAS
COUNTY OF TARRANT §
WHEREAS, KH Corner Development, LLC, is the owners of aN that certain, lot, tract, or parcel of land, situated i, the Thomas Mahan
Survey, Abstract Number 1049, Tarrant County, Texas, and being more particularly described as follows:
BEING all that certain lot, tract or parcel of land situated in the T. Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, and
being a portion of that certain tract of kind described in deed to Burton H. Patterson et ux Virginia L Patterson, recorded in Instrument No.
5202120509, Deed Records, Tarrant County, Texas, and being a portion of Lot 1, Hanna Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plot thereof recorded in Volume 388-202, Page 71, Plot Records, Tarrant County, Texas;
BEGINNING at a 1/2 Inch rebar found with cap stamped '3RITT1AN & CRAWFORD" at the most northerly southwest corner of that certain tract of land
described in deed to the City of Southlake, recorded In Instrument No. 0211185074, Deed Records, Tarrant County, Texas, and being in the east line of
Lot 1, T. Mahan No. 1049 Addition, an addition to the City of Southlake according to the plat thereof recorded in Cabinet A, Slide 3583. Plat Records,
Tarrant County, Texas. and being in the west line of said Patterson tract and in the south line of Highland Street;
THENCE S 89'38'20"E, with the south line of said City of Southlake tract, and the south line of Highlard Street, a distance of 391.20 feet 1/2 inch.
rebar found with cap stamped 'BRITTIAN & CRAWFORD". said point being the north side of a corner clip at the intersection of Highland Street ord
kimboN Avenue;
"THENCE S 44'59'25'E, a distance of 22.34 feet to a 1/2 inch rebar found with cap stamped 'HRITTIAN & CRAWFORD"being the south side of o
corner clip at the intersection of Highland Street and Kimball Avenue:
THENCE S 00'48'55"E, with the west line Kimball Street, passing at distance of 527.26 feet, the north line of said Lot 1 Hanna Addition, and
continuing along said course a total distance of 653.21 foot to a 1/2 inch rebar found with cap stamped "G&A CONSULT.A'TS" at tic intersection of
the west line of Kimball Avenue and the north line of Southlake Glen Drive, dedicated with the recorded plat of Southlake Glen. an addition to the City
of Southlake, according to the plat thereof recorded in Instrur^,crt No. 0215280370, Plat Records, Tarrant County. Texas;
THENCE N 89'46'10" W, with the north lino of Southlake Gler Drive. a distance of 305.87 feet, to a 1/2 inch rebar found with cap stamped 'CkA
CCNSULTANTS" at the southeast corner of Lot 16, Clock A of said Southlake Glen;
THENCE N 0013'50" E. with the east line of said Lot 16, Block A, a distance of 126.24 feet to a 1/2"rebar found with cap stamped 1T.;&A
CONSULTANTS', and being in the south line of said Patterson tract;
THENCE N 89'41'13" W, with the south line of said Patterson tract, and the north line of said Lot 16, Block A, and passing at a distance of 90.00 feet
the northwest corner thereof, same being the northeast corner of Lot 15, Block A of said Southlake Glen. and continuing along said course and total
distance of 121.96 feet to a 1/2 inch rebar found, with a yellow cap being Illegible, at the southeast corner of said Lot 1, T. Mahan No. 1049 Addition;
THENCE N 01'09'50"E, with the east line of said Lot 1, T. Mahan No, 1049 Addition, a distance of 543.33 feet to POINT OF BEGINNING and containing
approximately 6.068 acres of land.
I
Ordinance No. 480-728a Page 8
EXHIBIT "B"
4.
A Zoning Change and Site Plan for Highland Corner was approved by City
—.� - �- Council on October 17,2018 under Planning Case ZA17-043.The
T ' following is a summary of the approval:
B _ v . • Approved the variances for driveway stacking and spacing.
• v .4. - 1 • Approved the landscape plan presented at the meeting which
it
m 'f • x'1.1 indicated additional tree plantings along E Highland St.and
.w je clarifying the type of trees to be planted along the western and
il d 1 southern property boundaries to be cedars at a minimum of 5'tall
1 31: Eingli .. at the time of planting.
?1+`�� • Approving location of two trash dumpsters
' _ • Noting all mechanical equipment shall be placed on a portion of
••=..,••••• ey li si the building not facing Kimball Ave.or E.Highland St.;and if not
I! TT practical,then mechanical equipment will be fully screened from
I ..ra.•...n� r�:
••••%,•= 1 11_2 view using either a wing wall of stone that matches the buildings or
IIINI - bushes planted ata height and thickness to fully screen the
,� j equipment.
��� 11: • With respect to Lot 7 in the northwest corner,to improve the
r landscaping with additional grass as discussed October 5,2017.
�I r • l� • Lot 7 will allow for cross access and pedestrian access.
I •-•� ��. • No monument signage for E.Highland St.and no more than 20'
I ����Imp la-� I •
., ', north of the northern most drive on N.Kimball Ave.
,../'./�6< ,\\\\,1I IIIiiiii
a * •
Approved Site Plan
40-1::p— .11;1.1/.7 • "_ANT LIST
1 I 0 LACES,..,ElC Umr p..v rolu Srve"o<
• k C..et,.RTtP genrce..+Meu NOVI. c I M r1.. Pull
` - @1111 rf1 ICD e. Garcia ur.d.rs. 309.1.. i • P9 Pull
-c. I 1 ' - IM a 109x1, 1. Pe.e. 9.0I
•• -�. `� —� '' i G+MaTE 116E ..£^'� .w.
L
0 Li
' 31T }gal so ( r.fir
' 35 6 Ayalea [nbac•ccca
l - a
_ � Reewhica a
39,6
UP
2, Pull
1.115 1 ' l. le 9,11N/F4G:s,e evn C,r.b
' 5115 631661....SHINE YO{ y` II',-.. , R,li
J:l. i �' Ml [6E.6E.34.1.1.3C41.09
',, O�O1i DEIRVDS WO
. Ir
rrl
I •� I • CANOPY TREE - GROUNDCOVER ,
1Ti
ORNAMENTAL TREE NE LANDSCAPE BEDS ,.
Approved Landscape Plan
Ordinance No. 480-728a Page 9
O.- 1: el 4.7. : .5:4th: . 0 BE RE1-1C/EC
-
fi
*:,...
I IV61.V. 0 •••C BE
r
••••.,1,_--, '
,-' 'I M-RCI
.
;el
II C-:::) 171: J A,.. SIL ARA - 14,304 Sr
'REF CANOPY COVERAGE = 21,387 SF
„lb : 3% TREE CANOPY COVERAGE
1 Si. 1 3%-20% CANOPY COVERAGE = 70% TO BF PRESERVED
1.... y ... '5197 SF PRESERVED = 70%
- '-:=7-71-1IF Irk,_f, . . i'''7.7."'-' V•C••-•l• , - • r'-' "r ,
'rfrn-6-, 1
, •- • . . ....00. \\ 40044V
, AL **AA A 4
..cc..V°°
....
Approved Tree Preservation Plan
.... .-,..-.;..,
,....*
:-.-,4..k .''N..4•
4-- '-'
.•_ii e t ' - ' ''‘:-
ah *-• ' .- '''''''-.2.2,7i''''':V-:. ''''',fr it4:', ..-- '''.fe--.1.•'.... -,-z,,,,,,_----'---,..,,_ ---_ ,_,, ,,,,,,;,,,,,,
., ' Otig. '..- 4.': ' - -• .4,-6-1:--is 8. . _ ,
r 1, I
'4(
' 1 II i II 'ill L ' Ill !It I
1 I t 1 t 1
1 , I 11 .. a _...., ri I I
Ell • it'
_
, I 1 1 4
--... t•-,'
.i.fato
.4.
. _
-- - --- .7 ,
--;Approved Elevation Color Change
Ordinance No. 480-728a Page 10