480-386b
OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-386b
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 1,13LOCK A, SHAFER
PLAZA XXV ADDITION AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2"
GENERALIZED SITE PLAN DISTRICT WITH "C-3"
GENERAL COMMERCIAL DISTRICT USES TO "S-P-2"
GENERALIZED SITE PLAN DISTRICT WITH "'C-3"
GENERAL 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 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
Page 1
plan; and
WHEREAS, the hereinafter described property is currently zoned as "S-P-2"
Generalized Site Plan with "C-3" General Commercial uses 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 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 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
Page 2
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:
Page 3
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:
Lot 1, Block A, Shafer Plaza XXV and more fully and completely described in
Exhibit "A" from "S-P-2" Generalized Site Plan District with "C-3" General
Commercial District uses to "S-P-2" Generalized Site Plan District with "C-3"
General Commercial District uses as depicted on the approved Site Plan
attached hereto and incorporated herein as Exhibit "B", subject to the
following conditions:
1) Granting the zoning modification that the building setback along E.
Southlake Boulevard for Building "B" shall be 34 feet as shown on the
site plan;
2) Granting the zoning modification that up to a 10% reduction in
required parking shall be permitted.
3) Granting the Sidewalks and trails are not required with this site plan
revision with the following exception:
a) Contingent upon the construction of a sidewalk that would run
from the dead end of the existing sidewalk at the patio to the
FM1709/Nolen Drive intersection;
b) Requiring that construction of the sidewalk will be completed
within 120 days of completion of the patio;
4) Subject to the following comments of Revised Site Plan Review
Summary No. 2, dated July 11, 2007:
a) Standing seam metal roofs must have a non-metallic factory
applied matte finish. Label the plan accordingly and include
the color.
b) Add the total floor area by use (i.e. retail, restaurant, etc.) into
the site data summary. This is different from "building area"
which represents the area consumed by the footprint of the
building.
Page 4
C) Change the zoning letter to show a 10% reduction in parking
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
Page 5
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.
Page 6
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 ten (10) 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 17th day of July, 2007
MAYOR
ATTEST:
J y•••esoeeoo•
_J: ~ the
CITY SECRETARY
00
Page 7
PASSED AND APPROVED on the 2nd reading the 7th day of August, 2007
AYOR
ATTEST:
00
5 o....... e.
~F
At'4-- Ica
CITY SECRETARY U 4 '
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: 7 6 I q
ADOPTED: $-7-07
EFFECTIVE: b I~ Ol
Page 8
EXHIBIT "A"
Lot 1, Block A, Shafer Plaza XXV Addition, an addition to the City of Southlake, Tarrant
County, Texas according to the plat recorded in Cabinet A, Slide7972, Plat Records,
Tarrant County, Texas.
Page 9
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INVOICE
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
287523521
FORT WORTH, TX 76102
Invoice Date:
8/10/07
(817) 390-7761
Federal Tax ID 22-3148254
�' .� � 1:.,
Terms:
Net due in 21 days
S E P - 4 2007
Due Date:
8/31/07
Bill To:
PO Number:
no po
CITY OF SOUTHLAKE
,
Order Number:
28752352
1400 MAIN ST - -
STE 440
Sales Rep:
005
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
8/10/07
Attn Attn: ACCOUNTS PAYABLE
Descrpt�an Lac;altalan CbT Deptmlk ge MU Rats mount
,.k
CITY OF SOUTHLAKE ORDINANCE NO 13580 1 110
110 LINE
$0.81 $89.10
Net Amount:
$89.10
RECEIVED
SEP 6 2007
OFFICE OF City SKEAN
i� CHRIS'TY L HOLLAND
My COMMISSION EXPIRES
July 31, 2Opy
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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 clipping of an advertisement was published in th�above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501 w n
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday,
Notary
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: 287523521
Invoice Amount: $89.10
PO Number: no po
Amount Enclosed:
OF SOUTHLAKE
ORDINANCE
NO. 480-386b
I ORDINANCE
MENDING ORDI-
ANCE NO. 480, AS
MENDED, THE
OMPREHENSIVE
DNING ORDI-
ANCE OF THE CITY
F- SOUTHLAKE,
EXAS; GRANTING
ZONING CHANGE
N A CERTAIN
RACT OR TRACTS
F LAND WITHIN
HE CITY OF
DUTHLAKE TEX-
S BEING LEGALLY
ESCRIBED AS;LOT
BLOCK A, SHAFER
LAZA XXV ADDI-
ON AND MORE
JLLY AND COM-
'_ETELY DE-
71RIBED IN EXHIBIT
DISTRICT USES TO
S-P-2" GENERAL-
IZED SITE PLAN
DISTRICT WITH "C-
3" GENERAL COM-
MERCIAL DISTRICT
USES AS DEPICTED
ON ThE APPROVED
SITE PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT "B", SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
ORDINANCE' COR-
RECTING TPE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING THAT
THE PUBLIC INTER-,
EST MORALS AND;
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE
SHALL, BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER -
ABILITY CLAUSE,
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER' AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, 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.
PASSED AND AP-
PROVED THIS THE
7th DAY OF AU-
GUST, 2007, DURING
THE REGULAR CITY
COUNCIL MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
5EP - 4 z007
S •• r-Te1e ram INVOICECustomer ID: CIT57 Draft Only
• 400 W. 7TH STREET Invoice Number: 286919761
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 7/26/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 7/31/07
Bill To: RECEIVED PO Number: no po
CITY OF SOUTHLAKE
1400 MAIN ST AUG 1 7 2007 Order Number: 28691976
STE 440 xW: Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Date: 7/26/07
escr ptataPait44 * 4 AAL;o1 a 4) Cd `Depth Linage "M 'Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 1 124 124 LINE $0.81 $100.44
Net Amount: $100.44
RECEIVED
AUG 2 0 2007
OFFICE OF CITY SECRETARY
,,;:'i` k. CHRISTY L.HOLLAND
MY COMMISSION EXPIRES
` • July 31,2008
THE STATE OF TEXAS L •
-
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,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 clipping of an advertisement was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR
TELEGRAM
(817) 390-7501
Signed
9k ,./
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,July 7 11-7-1
Notary PublicWV7
1(/)
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: 286919761
Invoice Amount: $100.44
PO Number: no po
Amount Enclosed: $
Legal Notices
CITY OF
SOUTHLAKE
Notice is hereby givei
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on Au-
gust 7,2007,at 5:00
p.m. or immediately
following the Work
Session, during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake,
Texas. Purpose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE
NO. 480-386b
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
TEXAS; GRANTING
A ZONING CHANGE
ON A CERTAIN
TROF R TRACTWITHIN
OF LAND WITHIN
THE CITY OF
SOUTHLAKE, TEX-
AS BEING LEGALLY /}��,,,,�}�
DESCRIBED AS-LOT 1'�
1,BLOCK A,SHAFER AUGH(,/ J
PLAZA XXV ADDI-
TION AND MORE 7 ZQO,
FULLY AND COM- �y�
PLETELY DE-
SCRIBED IN EXHIBIT-
"A" FROM "S-P-2"
GENERALIZED SITE
PLAN DISTRICT
WITH "C-3" GEN-
ERAL COMMERCIAL
DISTRICT USES TO
"S-P-2" GENERAL-
IZED SITE PLAN
DISTRICT WITH "C-
3" GENERAL COM-
MERCIAL DISTRICT
USES,AS DEPICTED
ON THE APPROVED
SITE PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT"B",SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
ORDINANCE; COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING THAT
THE PUBLIC INTER-
EST, MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, • disobeys,
omits, neglects or
refuses to comply
with or who resists
the enforcement of
any of the provisions
Iof 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.
;tty of Southlake
'ri Payne
_'rcy Secretary