480-761CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-761
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 34, F. THROOP NO. 1511
ADDITION; AND BEING .85 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-1"
NEIGHBORHOOD COMMERCIAL DISTRICT TO "S-P-1" DETAILED SITE
PLAN DISTRICT WITH "C-1" NEIGHBORHOOD COMMERCIAL
DISTRICT USES AND INCLUDING AN ADDITIONAL PERMITTED USE
FOR A COMMERCIAL SCHOOL FOR PERSONAL FITNESS TRAINING,
AS DEPICTED ON THE APPROVED CONCEPT 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 "C-1" Neighborhood
Commercial 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 Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas being
approximately .85 acres, and more fully and completely described in Exhibit "A" from "C-1"
Neighborhood Commercial District to "S-P-1" Detailed Site Plan district with "C-1"
Neighborhood Commercial District uses and including an additional permitted use for a
commercial school for personal fitness training 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:
City Council motion for approval:
May 21, 2019; Approved (7-0) on the Consent Agenda at the 1st reading.
June 4, 2019; Approved (7-0) at the 2nd reading; subject to the Staff Report dated May 28,
2019 and the Site Plan Review Summary No. 2, dated May 3, 2019; noting we are allowing
a commercial school for personal training as presented and "C-1" Neighborhood District
uses as permitted uses on this property; the size of the commercial school for personal
fitness will not exceed approximately 1,100 sf and the maximum class size is limited to 4
students and 2 staff for a total of six persons; also noting that all previous variances
associated with ZA15-134 for the driveway and tree preservation will remain.
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 21st day of May, 2019.
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PASSED AND APPROVED 0k44iLAO reading the 4tn day of June, 2019.
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%\,AKE, T�,MAY
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CITY SECVARY
APPROVED AS TO FORM AND LEGALITY:
I ON
CITY ATTORNEY , 1
DATE: 0�R
ADOPTED: U l l(l
EFFECTIVE:
EXHIBIT "A"
Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas, according to the plat
recorded in Instrument No. D212214780, Plat Records, Tarrant County, Texas, being approximately 0.848
acres.
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"S-P-1" Detailed Site Plan District Regulations
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Lot 34 ,F. Throop No. 1511 Addition
Cates Landing aka Ward Retail
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to the Section 20, "S-P-1" Detailed Site Plan
District uses and regulations to include the site plan and elevations as shown.
Permitted Uses
'C-1 n District Uses with the following exception:
1. additional use for a commercial school for personal fitness training limited to an
approximately 1,100 square feet lease space.
Development Regulations
• All `C-1" Neighborhood Commercial District regulations shall apply_
Parking
• Parking for the site will be 1 parking space per 200 square feet of floor area
Variances (maintain the previously approved variances with ZA15-136)
• Driveway Separation
To allow driveway spacing under 200 feet from the intersection of Dove Road and
Kimball Avenue for both driveways_
• Tree Preservation
Variance to the requirement of the Tree Preservation Ordinance No_ 585 to allow the
less than 20% tree canopy coverage (required to preserve at least 70% of its coverage
post -development) due to the overhead utility lines and drive approaches (removal of
two existing trees comprise the majority of existing coverage on the site the manner in
which the property could be developed while preserving the trees)_
applicant's Narrative
To the Spin/Manning & Zoning/City Council
My name is Donnie Ward My wife Leigh Ann and I own the
property located at 150O N IOmball, known as Cate's
Leading. This property has been in our family since 1894. It
was purchased by my great great grandfather Daniel
Camas. He was a former on this land for over 50 yrs. Around
1947, my grandfather CW Long took over the property. He
proceeded to build a Shamrock service station and a
barber shop that he and my uncle ran until IM He was
eventually forced to tear down the barber shop when TXU
power company installed overhead power Ones. which are
stag there today.
In 1984 my wile and i bought the property and built
another small sobs. My wife ran her business there for the
next 25 yrs. My MOOM, also a lifetime resident of
Southiake, ran M&M cleaners out of the remodeled
Shamrock station for 22yrs. Growing up in Southiske, it
seemed orgy natural that I would aim run my business, ATA
Construction, out of the attached office area for the next
25 yrs.
In 2012, due to the exponential growth of Sou Make, we
were forced to tear down our buildb f JW #0 qXpWqiM g f
Kl rri all fd. That was the first time in 65 vears there has rat
been a buili ttp it that t;pace ocattpykV businesses for the
residents who Nve around the area.
Which twangs us to today. We have im msted a lot of time
and effort over the past 7 years to build another upscale
builklirrg to host mere businesses we beOeve current and
fuhra Southiske residents will find beneficial and enjoy.
Businesses that reflect what Southiaks has to offer which
is variety, friendly lam. reliable professionals and positive
experiences.
Under the currant and ouWated zoning, we are very limited
as to who can base and occupy the space. We are asking
the 1989 C1 Zoning be updated. The dyrmmics of Kimball
Road have clearly changed. With a stare just soon the
street that sells bear and wine, a future fire station going in
across the street and many businesses going it up and
down Kimball Ave. We respectfully ask the the city to work
with us to bring in some neighborhood friendly businesses
and to adjust the C1 Zoning to neighborhood frkrhdly SP7
type zoning. There are multiple high scale neighborhoods
goin a in just a few miles from this location with many new
Southleke residents who will benefit from having these
businesses available to them. A now zoning change would
allow for more variety of business experiences to these
new and current residents of Southiske end encourage
commerce within the city.
Oar family has not only a krhg standing history in the City
of Southiske as citizens, but a long standing business
history. A history of 125 years that reflects bringing
positive business experiences to the citizens of Southlake
that encourage economic growth.
We appreciate your consideration.
Thank you
Donnie & Leigh Ann Ward
The Exercise Coach
Narrative for Zoning Change Request at 1500 N. Kimball Avenue
Background:
The Exercise Coache (TEC) www.exercisecoach.com is a wellness training franchise that is
headquartered in Lake Zurich, Illinois. Currently about 45 TEC gyms are operating in the US and
in Japan in upscale locations such as the River Oaks area of Houston, Highland Park in Dallas,
Germantown, Tennessee and Scottsdale, Arizona. Additionally, approximately 30 gyms are
anticipated to open over the 6 months.
A growing body of research is demonstrating the importance of remaining physically strong for
our entire life. TEC focuses on strength training. TEC has shown that individuals can
maintain/increase their physical strength engaging in two 20 minutes workout sessions per
week using TEC exercise protocol and equipment.
Gym Equipment:
The fitness equipment in a TEC gym is unlike equipment found in standard gym settings. There
are no free weights or traditional cardio machines such as treadmills or step mills. Instead, a
typical TEC gym is equipped with approximately 9 to it exercise machines. The exercise
machines are similar to what would be found in well-equipped physical therapy settings. The
machines control, record, and display the user's exertion level, thus providing an ongoing
benchmark for strength performance. The fact that the machines control the user's exertion
level relative to prior recorded performances allows the user to fully exert during the exercise
session without concern for injury. The equipment makes no noise and does not emit heat.
TEC Clients:
Typical TEC clients include individuals who 1) are intimidated by, or don't want to go to, large
gyms, and/or 2) don't have the time to spend training per more traditional strength training
regimens, and/or 3) due to age, health, and/or injury are unable to participate in traditional
strength training, and/or 4) have been failed by traditional strength training regimens.
TEC Gym Operating Environment:
1. Operating hours are 6 am-8 pm (M-Th), 6 am-6 pm (F), 7 am-1 pm (Sa)
2. TEC gyms are quiet. There are no clanging weights, loud music, etc.
3. The optimal gym size is relatively small: Approximately 900 to 1,100 square feet.
4. Each TEC client exercise session will be led by a trainer. Most exercise sessions will be one-
on-one in nature (one trainer to one client). There may be certain limited occasions where
the ratio of trainer to clients could be as high as 4:1(e.g. two couples are interested in going
through a training session at the same time). A trainer to client ratio of greater than one
trainer to two clients will be the exception.
5. A maximum of six TEC clients might possibly be trained at the same time in the TEC gym.
However, for a majority of the gym's operating hours, one trainer will be leading a single
client through an exercise session.
6. Exercise sessions will be booked by appointment only. There are no walk-in clients.
7. TEC believes that a proper diet is an important complement to its strength training regimen,
and offers nutritional supplements to its clients to assist them in this respect. The proceeds
from the sale of those supplements will not exceed 100,6 of total gym revenue.
StarmTelegram
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on
Attention: Brandi Garlock
The PIL
CITY OF SOUTHLAKE
6°n.•3ii
1400 MAIN ST
im
STE 440
g4
SOUTHLAKE, TX 760927604
...... ..
5 s
PUBLIC HEARING NOTICE
to7aCr
CITY OF SOUTHLAKE, TEXAS
eta
Notice is hereby given to all inter-
dres
ested persons that the City or
Rd.
Southlake, Texas, will consider
trlct
the following items in the Coun-
Zpnl
cil Chambers at Town Hall,
Resl
Main Street, Sauthtaku, Toxas
r
for:
The City Council on Tuesday, May
•
21 11c he at 5:30 p.m, sid hold a
public hearing and consider:
• Resolution No. 19-018, (ZA19-
00211 Specific Use Permit for a
Resiadential Solar Energy Sys-
tem on property described as
• 011111111
Tract if Frances Thmop Sor-
vey, Abstract 1511, an addition
altlel
SaM
Zonirl "AG" Aggrricultural Dis-
trict- SPIN Neighbort►ood 94,
The Planning & ZoningCommissions
yg
6 0 p.m wilt ha14 azpobk hear-
iny and consider:
• ZA39.0027 Plat Revision for
Lots 3R3Ri and 3R3R2, Stock 1,
Steward Addition on pprtooperty
described Lot 3R3, clock 1,
as
Steward Addition an addition
to the City Southlake,
TA
of
Tarrant County, Texas and to-
Ct
rated at $51 E. Dove Rd., (ad-
dressed as 551 and 561 E. Dove
ht
Rd. by Tarrant Appraisal Dis-
trict) Southlake Taxes. Currant
,1
Zoadnew "SF-1A" Sinele Family
bo
Resiidential District. SPIN
y Or
3.
nanepN• Ordico.
P11
1219, (CP19-
0001), adopting the City of
pr
Sout lake Health & Weliness
Oa
Master Plan, an element of the
th
• Ordinance No. 480-ZZZZ an
amendment to the City of
Southlake the Zoning Ordi-
nonce No. 4a0f as amended, to
provide flexibility for residential
atCORWY buildings and fatuity T
quarter
The City Cs.wnctl on Tuesday June
4, 2019, at 5.30 p.m. will 61d a •
public hoaring and consider:
• Ordinance No 480.761, (ZA19-
0024) Zoning Change and Site
Plan for Cates Landing aka
Ward Retail on property being
described as Lot 34, F. Throop
rd. 1K11 A,idiri— Cit. ,4 •
hood
• Ordinance No, 480-515a, (ZA39-
0026) Zoning Change and Site
Plan for Castle 114 ASC on
pars rAOdltion,described
an as Lot addlt on gto
the City of Southlake, Tarrant
County Texas and located at
1110 State Htyhway 114,
Un-grMam
wo
ter Citizen I La Estrella
east I Weatherford Star -Telegram
y it. I Ft Worth, Tx. 76102-6315
l9-
]BLICATION
a
PO # 21900309
ood #3.
No: 1219, , (CP19-
MAIngg the City of
N bith & Wellness
meeitt N 0
0 4tghpa2 City on
plce the Zoning Ordl-
No. 48q as amended, to
t flexlb1I I for resiwelitid
Dry buildings and famUy
s
Council on Tuesday e.
1, at 5:30 p.m. ,will 6Juna
nearing and consider:
ice No 480-761, (ZA19-
ZgrlNi9 Change and Site
Cates Lending . aW
i
ad (4rFTa
R1 Adtion, City of
Ike, Tarrant County,
located at 1500%N. Kim-
Mhue 5buthtake Texas.
Zotilitg: "C-1- Nelghbor-
ommerclal. DI trkt. Pro -
Zoning: ' SW- " Detailed
on 611st ict. ; SPIN Neigh-
1 #4.
ice No. 480.515A (ZA19-
Zoning Change and Site
Dr Castle 114 ASC on
yy� described as Lot 18R,
tdditIon, an addition to
Y Southlake,
00eaateadllcd
State Highway 114,
Re Texas. Current Zon-
Pol" Detailed Site Plan
Proposed Zoning•"S-P-
slled Slte Plan District.
etghborhood #3.
ouncil on Tuesday June
II, at 5:30 p.m. will Mold a
Of
No. 480=ZZZZ ad
it to the City of
e , Zoning Ordl-
f as amended, to
buNd r
fun)IY
I Persons are Dyed to II SCOTT BEARD
' MIC , ryID # 131768951
October 23, 2022
$149.16 1 1 1106.00 Li
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for
said County and State, this day
personally appeared VICTORIA
RODELA, Bid and Legal Coordinator
for the Star -Telegram, published by
the Star -Telegram, Inc. at Fort Worth,
in Tarrant County, Texas; and who,
after being duly sworn, did depose
and say that the attached dipping of
an advertisement was published in
the above named paper on the listed
dates:
1
Insertion(s)
Published On:
May 03, 2019
(Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME, THIS 3rd day of May
in the year of 2019
43
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
3oucniaxe, texas. Lurrenc con-
ing; "S-P-1" Detailed Site Plaati
District, proposed Zoning. 'S-P-
V Detailed Site Plan District.
SPIN Neighborhood p3.
The City Council on Tuesday, June
18, 2019, at 5.30 p.m. will hold a
public hearing and consider:
• Ordinance No. 1219. CP19-
0001), adopting the City of
Southlake Health & Wellness
Master Plan, an element of the
Southlake 2035 Comprehensive
Plan.
• Ordinance No. 480-ZZZZ an
amendment to the City of
Southlake the Zoning Ordi-
nance No. 480 as mended, to
provide fiexibllfty for residential
accessory buildings and family
quarters.
All interested persons are urged to
attend.
City of Southlake
Amy Shelley, TRMC
City Secretary