Item 9 - Ordinance No. 480-647CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -647
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 2, BLOCK 1, GUMM SCIFRES ADDITION,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 1.473 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "0-1" OFFICE 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 "0-1" Office 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 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:
Page 3
Being legally described as Lot 2, Block 1, Gumm Scifres Addition, an addition to
the City of Southlake, Tarrant County, Texas, according to the plat filed as
Instrument D208302522, Plat Records, Tarrant County, Texas, being
approximately 1.473 acres, and more fully and completely described in Exhibit "A"
from "0-1" Office District to "S -P -1" Detailed Site Plan District as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit "B," and
subject to the following conditions:
Subject to Site Plan Review Summary No. 4, dated September 18, 2013; noting
approval of the variance to the driveway ordinance as requested; the clock
depicted on the building renderings will be a working clock; green screening wall
on the south elevation will be enhanced with a cross vine vegetation; applicant will
extend the stone planter on the eastern side of the north elevation similar to what
is depicted on the west side of the north elevation; and, the applicant will frame the
doors on the north elevation complementary to the other doors noted on the
renderings presented to Council.
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
Page 4
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
Page 5
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 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 1 reading the 1 day of October, 2013.
C kMAYOR
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Page 6
PASSED AND APPROVED on the 2 " reading the 15 day of October, 2013.
MAYOR
ATTEST:nUTH I.Q'' ",o N1 -se f i,
CITY SECRETAR` '4c
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APPROVED AS TO FORM AND LEGALITY:
e 4
CITY ATTORNEY
DATE:
ADOPTED: 1 Ai
EFFECTIVE: 6/ & It 020/ 3-
Page 7
Exhibit A
Being legally described as Lot 2, Block 1, Gumm Scifres Addition, an addition to
the City of Southlake, Tarrant County, Texas, according to the plat filed as
Instrument D208302522, Plat Records, Tarrant County, Texas, being
approximately 1.473 acres.
Exhibit B
S -P -1" REGULATIONS AS APPROVED WITH ORD. NO 480 -647
S - - Detailed Site Plan District
for
Mody Southlake 1
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No.
480, as amended, as it pertains to the "C -2 Retail Commercial District" uses and regulations with the
following exceptions:
Permitted Uses
The permitted uses allowed pursuant to the C -2 Retail Commercial District zoning requirements
shall be permissible at the site with the following exceptions:
1. Bicycle sales and bicycle repair shops
2. Blueprinting or photostating
3. Business colleges or private schools for vocational training of office related careers, such
as stenographers, executive secretaries, etc.
4. Cleaning, dying and pressing works; laundry and Laundromats, provided that the floor
area does not exceed three thousand (3,000) square feet for separate or combined uses
5. Day nurseries
6. Dog and cat hospitals or small animal hospitals if conducted wholly within a completely
enclosed sound - proofed and air - conditioned building, providing that noise or odors
created by activities within the building shall not be perceptive beyond the property line;
that no long term boarding of animals is permitted except where related to medical
treatment; and that no animals are kept outside the building at any time
7. Duplicating service, printing, lithographing, mimeographing, multi - graphing and offset
printing, providing that that the floor area does not exceed two thousand (2,000) square
feet
8. Grocery stores and meat markets without size limitations; however, specialty grocers and
meals to go" type uses to up two thousand five hundred (2,500) square feet shall be
permitted
9. Sporting goods stores specializing in gun sales and repair only
10. Tires, batteries and automobile accessory sales, provided that such activities occur
entirely within the confines of the business structure itself
11. Frozen food lockers for individual or family use, not including the processing of food
except cutting or wrapping
Page 8
Development Regulations:
The development regulations allowed pursuant to the C -2 Retail Commercial District zoning
requirements shall be permissible at the site with the following exceptions:
1. Height:
As stated in Section 18.5 of the 0-1 Office District Zoning Ordinance: Height: No
building or structure shall exceed two and one -half (2 -1/2) stories, nor shall it
exceed thirty -five (35) feet.
Requested Variance - We are requesting that the height of the proposed
development be limited as follows: Height: No building or structure shall exceed
two and one -half (2 -1/2) stories, nor shall it exceed forty (40) feet.
2. Parking Ratio:
As stated in Section 35.6(8)(a), Number of Off - Street Parking Spaces Required:
Restaurant, Cafeteria or Cafe: 1 space per each 3 seats under maximum seating
arrangement, or 1 space per each 100 square feet of floor area, whichever is
greater.
Requested Variance — We are requesting the following parking ratio in accordance
with the proposed development and the operations therein to be based solely on
square footage and not seat count within the restaurant: Parking ratios shall be
calculated at one (1) per 100 square feet for restaurant, cafeteria or cafe use. Also
the Applicant receives credit for two (2) parking spaces removed pursuant to
Planning and Zoning Commission commentary (parking required equals code
requirement minus two spaces).
Variance to Section 43.9d — Overlay Zones:
Horizontal Articulation:
As stated in Sections 43.9(c)(1)(d)(ii), 43.13(4)(i), 43.19(d)(1)(c)(i) of the Overlay
Zones Ordinance: Horizontal Articulation: No building facade shall extend greater
than three (3) times the wall's height without having a minimum off -set of 15% of
the wall's height, and such offset shall continue for a minimum distance equal to at
least 25% of the maximum length of either adjacent plane.
Requested Variance — We are requesting a variance regarding the minimum
distance of the offset of the building facade, specifically: No building facade shall
extend greater than three (3) times the wall's height without having a minimum off-
set of 15% of the wall's height, and such offset shall continue for a minimum
distance equal to at least 20% of the maximum length of either adjacent plane.
Variance to Driveway Ordinance 634:
Stacking Distance for Driveway on S. Village Drive:
Page 9
As stated in Driveway Ordinance 634: As shown on Table 2 in Section 5.2(d) of
the Driveway Ordinance 634, there is a required 50' stacking depth for the total
number of parking spaces.
Requested Variance: Reduce the 50' stacking to 30' as it is currently existing and
as shown on the proposed site plan. Existing parking is forty (40) spaces and we
are proposing to add parking to a total of eighty -eight (88) spaces.
Variance to Section 42.4(f) Bufferyards of Zoning Ordinance:
Southeast Bufferyard:
As stated in Section 42.4(f) Bufferyards: As shown in the Table in Section 42.4(f)
of the Bufferyards Section of the Zoning Ordinance, there is a required 10' width
for Bufferyard type B.
Requested Variance: Reduce the 10' width to 5' along the southeast side of the
property at the stub out area as it is currently existing and as shown on the
proposed site plan.
Page 10
i fIODY
III S. Village Drive — Item No. 3 of Site Plan Review Summary
The proposed project will be a two -story, 8,800 square foot addition on to the
existing one -story, 4,100 square foot bank building on the site now. The exterior facade
materials for the bank building and the entire Southlake Boulevard facing, north facade
will be modified completely.
The existing parking area will be expanded to service the new functions, but will
utilize the existing grading of the site.
The proposed uses for the new addition encompassing the area where the bank
canopy and drive - through lanes currently stand will consist of some high -end retail shops
on the lower level and a possible upscale restaurant on the upper level. The existing one -
story, 4,100 square foot bank building will be entirely utilized for the Modia store, which
has been relocated from further down Southlake Boulevard. Operations for these
functions will be handled during retail business hours, except for the restaurant which
may have extended hours in the evenings.
There will be no phasing of the proposed project. Renovation of the bank building
and construction of the new addition will occur concurrently. Infrastructure such as
water, electrical and sewer lines will utilize the existing underground lines at the project
site as much as possible. No overhead lines will be used.
VA
the Mody Group. tra 6808 Nomwood Dnvu. Houston TX 7%074 Phone: / 3.172 6200 For 71.3 772 0560 I w w modyspoce.com
Page 11
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INVOICE
Star - Telegram Customer ID:CIT57
808 Throcicmorton St.Invoice Number: 327613271
FORT WORTH, TX 76102
817) 390 -7761 Invoice Date:10/18/2013
Federal Tax ID 26- 2674582 REED Terms:Net due in 21 days
Due Date:10/31/2013
Bill To:
CITY OF SOUTHLAKE 113''l 1 1 2013 PO Number:21400046
1400 MAIN ST
CM OF SOUTNL Order Number: 32761327
SOUTHLA
440
KE, TX 76092 -7604 fiNA%CE DEPARTMENT Sales Rep:073
Description:CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 10/18/2013
CITY" OF'SOUTHLAKE
T O RDINANCE' NO. 48 - 647 Locat>€on C ols : Depth L `Y' Date AmountANORDINANCEAMENDINGORDI- -
NANCE NO. 480, AS AMENDED,
CITY 01 THE COMPREHENSIVE ZONING DIN 13580 1 61 61 LINE 1.20 73.20ORDINANCEOF, THE CITY OF
SOUTHLAKE, TEXAS; (3RANTINU A
ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING LEGALLY DE-
SCRIBED AS LOT 2, BLOCK 1,Net Amount:73.20
GUMM SCIFRES ADDITION, AN
ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY RECEIVED1.473 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "0 -1" OFFICE
DISTRICT TO "S -P -1" DETAILED
SITE PLAN DISTRICT AS DEPICTED
ON THE APPROVED SITE PLAN NOV 1 3 2013ATTACHEDHERETOANDINCOR-
PORATFD I R6t- }AS EXHIBIT "B",
SUBJECT 0 ` THE" SPECIFIC RE -
QUIREME TS CONTAINED IN TH'
ORDINANCE; CORRECTNC THE
OFFICIAL ' ZONING MAP, PRE -•OFFICE OF CITY SECRETARYSERVINGALLOTHERPORTIONS
OF THE ZONING ORDINANCE;o, " m
DETERMINING THAT THE PUBLIC N , CHRISTY LYNNE HOLLAND
INTEREST, MORALS AND GEN Notary Public, State of TexasERALWELFAREDEMANDTHEs= M Commission Ex IreSZONINGCHANGESANDAMEND-
t
svr,••y
July 31, 2016MENTSHEREINMADEPROVIDINGnJulyTHESTTHATTHISORDINANCESHALLBE
County NANCESPROVIDING SEVER-R-
ABILITY CLAUSE; PROVIDING FOR
LATIONSBeforeiHEREOFPROVIDINGAIOSAVINGS County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star CLAUSE; PROVIDING FOR PUBLI elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the. - CATI IN THE OFFICIAL NEWS ent was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAMPAPER; AN PROVIDING AN EF-
817) 2? FECTIVE DATE.1Anyperson, sob or corporationig who
lib
1.1
cam
violates disobeys, omits, neglects e e \ i \ J- -or refuses to comply with or who Signed
resists the enforcement of any of
the provisions of this ordinanceSUBSCshallbefinednotmorethanTwo E ME, THIS Monday, 0,1013 2013.
4111114 /Thousand Drbllars ($2,000.00) for
each offense. Each day that a
violation is permitted to exist shall Notary Public A d , 4constituteaseparateoffense.
Passed and approved this the 15TH
day of October, 2013• during the
regular City Council meetirry.
Mayor: John Terrell
iest: Alica Richardson, City Sec-
Thank t
i
y iii - nt
Remit To: Star - Telegram Customer ID:CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 327613271
Invoice Amount:73.20
PO Number:21400046
Amount Enclosed: