480-565
CITY OF SOUTHLAKE, TEXAS $00 FICIAL RECORD
ORDINANCE NO. 480-565
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 DESCRIBED AS
TRACT 2, GEORGE W. MAIN SURVEY, ABSTRACT NO. 1098,
BEING APPROXIMATELY 1.68 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SFAA"
SINGLE FAMILY RESIDENTIAL 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 "AG" Agricultural
District under the City's Comprehensive Zoning Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested by a
Page 1
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 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,
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 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 described as Tract 2, George W. Main Survey, Abstract No. 1098, being
approximately 1.68 acres, and more fully and completely described in Exhibit "A"
from "SF-1A" Single Family Residential 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:
Page 3
CVS(Ilutiuns Office Complex
4-P-1 Regulations
Permitted Uses and Development Regulations:
'1'4'e are proposing the following Permitted Uses and Development Regulations for the
property, as follows:
Permitted C yes:
This property shall be limited to the permitted uses found in the "O-1" Office
District, as described in Section 18 of the Comprehensive Zoning Ordinance No.
480, as amended.
Dee-ekztrment IteQuIatio ns:
This property shall be subject to the normal development regulations contained within the
respective Land Use Districts regulating Permitted Uses above, and all other applicable
regulations, with the following exceptions:
1. The Side Setback shall be ten (10') feet between all internal lots only.
There shall be a twenty-five (25') feet building setback from the south perimeter
property line.
3. There shall be no buffer-yard requirements along interior lot lines, there shall be a
10' Type B bufferyard along the southern property line.
4. The maximum impervious coverage for the overall "S-P-1" boundary shall be
65°,'Q; however, the maximum impervious coverage requirement shall not apply to
individual lots within the boundary.
5. A shared parking, cross-access and shared maintenance agreement shall be
required. Required parking for all built uses shall be provided within the "S-R-l"
boundary, parking requirements for individual lots shall not apply.
6. Perimeter fencing shall be as shown on Site Plan.
Page 4
1. Granting the variance request to Subdivision Ord. No. 483 Section 8.01(A)
requiring that all lots must front on a public or private street. Common Access
Easements will provide access to all lots.
2. Granting the requested variance to driveway stacking as shown on the site
plan;
3. Granting the requested variance to driveway spacing to as shown on the site
plan;
4. The six-foot (6) iron fence along the eastern property boundary will have
columns at thirty feet (30') on center;
5. Subject to Site Plan Review Summary No. 3, dated September 9, 2008.
a. In the Bufferyards Summary Chart, there are notes designating the size of the
canopy trees to be 1 Y2" caliper minimum, and the height of the accent trees to
be 4 ' minimum. The required minimum sizes for trees and shrubs are as
follows: canopy trees = 50% - 4" caliper, 50% - 2" caliper; accent trees = 6'
height minimum; shrubs = 3 gallon container.
b. The proposed wall that appears to be part of the drainage structure is
encroaching in the City's ROW. A request should be made to the City to obtain
approval for the wall to be constructed in the ROW. An encroachment
agreement may need to be filled out and 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
Page 5
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.
Page 6
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.
Page 7
PASSED AND APPROVED on the 1st reading the 2nd day of September, 2008.
MAYOR
ATTEST:
~ .••aN Pry°°°~ ~O~
• • i
• 1
• U) _
CITY SECRETA V~
s • \
PASSED AND APPROVED on the 2nd reading the 16th day of September, 2008.
MAYOR
ATTEST:
\\V~ 1 ~4. ~ ','jA
1/ w V a o~ w
:cn.
CITY SECRETA •
.
"s U •
o
APPROVED AS TO FORM AND LEGALITY:
FAJ61-li-~
CITY ATTORNEY
DATE: 12 &
ADOPTED: 9-11e ff
EFFECTIVE: 9-,q n
Page 8
EXHIBIT "A"
Being described as Tract 2, George W. Main Survey, Abstract No. 1098, being approximately
1.68 acres, and more fully and completely described as follows:
LEGAL DESCRTPTTON
1.680 acres of land situated in the George W. Main Survey, Abstract No. 1098, City of
Southlake, Tarrant County, Texas, and being a portion of a 3.68 acre tract of land conveyed to
Janice Miller as recorded in Volume 6923, Page 2030, Deed Records of Tarrant County, Texas,
said 1.680 acres of land being more particularly described by metes and bounds as follows:
BEGTNNFNG at a 1;2 inch iron rod found at the northeast corner of the herein described tract of
land and the southeast corner of Lot I, G. W Main No. 1048 Addition, an Addition to the City
of Southlake as recorded in Cabinet A. Slide 2875, Plat Records of Tarrant County, Texas, said
iron rod also being in the east line of the aforementioned 3.68 acre tract of land and a westerly
line of a tract of land conveyed to Howard E. Carr as recorded in Z'olurne 8041, Page 1440,
Deed Records of Tarrant County, Texas;
THENCE South 00 Degrees 01 Minutes 45 Seconds East, along the easterly line of said 368
acres and a westerly line of said Carr Tract, a distance of 207.44 feel to a 1 2 inch iron rod
found at the southeast corner of said 3.68 acres of land and an interior ell corner of said Carr
Tract;
THENCE North 84 Degrees 55 Minutes 20 Secondti West, along the common line of said 3.68
acres and said Carr Tract, at 332.51 feet pass a 5;S inch iron rod found a total distance of
352.51 feet to a Point in South Kimball Avenue at the southwest corner of said 3.68 acres of
land;
THENCE North 00 Degrees 05 Minutes 37 Seconcts East, along the westerly line of said 3.68
acres in said Avenue, a distance of 207.51 feet;
THENCE East, at 20.00 feet pass a S,S inch iron rod found, at 34.45 feet pass a 5,'8 inch iron
rod found at the southwest corner of the aforementioned Lot I, G. W. Main No. 1098 Addition
and continuing along the southerly line of said Lot I, a total distance of 352.06 feet to the
PLACE OF BEGTNNING and containing 1.680 acres of land of which 0 1 12 of an acre of land
lies within the existing R.O.W usage leaving 1.568 acres of Iandnet.
Page 9
EXHIBIT "B"
ClSolutions Office Complex
Requested Variances
The following variances are requested within the CySolutions Office Complex
boundaries:
1 Variance allowing relief from the Subdivision Regulation that all lots have
frontage on a public street, provided Common Access Easements are
implemented, allowing, proper access to all lots.
2) Variance to the Driveway Ordinance regarding stacking depth, to minimum
41'.
3} Variance to the 250' driveway spacing requirement on S_ Kimball Avenue, to
106', center to center.
Page 10
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Page 21
INVOICE Draft Only
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 300262001
FORT WORTH,TX 76102 RECEIVED
(817)390-7761 f[ Invoice Date: 9/21/2008
Federal Tax ID 22-3148254 Terms: Net due in 21 days
OCT - 9 2033 Due Date: 9/30/2008
Bill To: PO Number: 20801261-000
CITY OF SOUTHLAKE F Lt�
1400 MAIN ST OFFICE i- '„!i'f v CRETARY Order Number: 30026200
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Dates: 9/19/2008 -9/21/2008
OF SOUTHLAKE
CITY OF ORDINANCE 580 1 109 109 LINE $0.42 $91.79
NO. 480-565 THE OFFICIAL
AN ORDINANCE NEWSPAPER,* AND
AMENDING ORDI- PROVIDING AN EF-
Sales Disc AMENDED,ANCE NO. 480THE SECTION 7.
DATE. ($8.50)
COMPREHENSIVE Any person, firm or
ZONING ORDI- corporation who vi-
Misc Fee OF NCESO SOUTHLAKE, omits, neglects OF THE CITY otes, eyor
TEXAS; GRANTING refuses to comply $5.00
A ZONING CHANGE with or who resists
ON A CERTAIN the enforcement of
TRACT OR TRACTS any of the provisions
OF LAND WITHIN of this ordinance
THE CITY OF shall be fined not
SOUTHLAKE TEX- more than TwoAS Net Amount: $88.29
DESBCRIBED EING LEGALLYAS $2,000.00) foroeach
TRACT 2, GEORGE offense. Each day
W. MAIN SURVEY, that a violation is
ABSTRACT NO. permitted to exist,
1098, BEING AP- shall constitute a
PROXIMATELY 1.68 separate offense.
ACRES, AND MORE PASSED AND AP-
FULLY AND COM- PROVED THIS THE
PLETELY DE- 16th DAY OF SEP-
SCRIBED IN EXHIBIT TEMBER, 2008,
"A" FROM SF-1A" DURING THE REG-
SINGLE FAMILY ULAR CITY COUNCIL C�
RESIDENTIAL DIS-I MEETING. may`r
TRICT TO S-P-1" MAYOR: Andy �vj r ,�
DETAILED SITE' Wambsganss 1 kP CHRISTY L.HO ' D QC` t ,
PLAN DISTRICT, AS ATTEST: Lori Payne, =o
DEPICTED ON THE' City Secretary f I My Commission , Wires
APPRPLAN ATTACHITE July 31,201 41,
6`?oO THE ST, HERETO AND IN- '41 i.iv' p
County C C O R P O R A T E D ` /
HEREIN AS EXHIBIT `�\
"B", SUBJECT TO
THE SPECIFIC RE-
Before n QUIREMENTS coN-nd for said County and State,this day personally appeared Deborah Baylor,Bid and Leg ord• ator for the Star-
TAINED IN THIS '�
Telegrar ORDINANCE,- coR-r-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did se and say that the
attached CIAL'NG THE OFFI-
ZONING MAP;ement was published in the -.ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
817 39i PRESERVING ALL
( ) OTHER PORTIONS 10
OFTHE ZONING
ORDINANCE; DE-
,ill , /z, i
re,
TERMINING THAT Signed , � \ • J
THE PUBLIC INTER-
GENERAL MORALS
WELFARE I �'
SUBSCF DEMAND THE ZON-O BEFORE ME,THIS Wednesday,Sep m, 24,2008.
ING CHANGES AND ///�
AMENDMENTS I / I //
PHEREIN ROVIDING ^THAT Notary Public ill._ . .A .1Ilit 1/
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
Thank , CATIONS HEREOF;Payment
PROVIDING A SAV-
INGS CLAUSE;
- PROVIDING FOR
———— - PUBLICATION IN'
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 300262001
Invoice Amount: $88.29
PO Number: 20801261-000
Amount Enclosed: $
INVOICE Draft Only
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 299517051
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 8/17/2008
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/2008
Bill To: PO Number: 20801261-000
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 29951705
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Dates: 8/16/2008 -8/17/2008
Attn Attn: ACCOUNTS PAYABLE
Des( 'CITY OLFASEUTH- Legal Notices Location Col Depth Linage MU Rate Amount
KNotice is hereby given DEPICTED ON T:-I'
bf the City Co ofcil APPROVED
ATTA SITE 13580 1 123 123 LINE $0.42 $103.13
CITY( of the City of
Southlake, Texas, HERETO AND IN-
that a public hearing CORPORATE D
will be held on HEREIN AS EXHIBIT
Sales D St pte5:0 ber 2,o20.0m, „B , SUBJECT TOa !$8.50)
mediately following THE SPECIFIC RN- l
QUIRE CON-
the Work Session, TAINED IN IN THIS
during the Regular ORDINANCE; COR-
Misc ncil meeting RECTING THE OFFI- �` _(—
Ff City e helduncil in the
Chambers City
of CIALZONING
PRESERVING MAP P. ,,, '$ 1 v'E DC $5.00
Town Hall, 1400 OTHER PORTIONS i L.
Main Street, South- OF THE ZONING
lake,Texas. Purpose ORDINANCE; DE-
of the public hearing TERMINING THAT
is second consider
the o THEEST PUBLIC INTER- Net Amount: $99.63
the following ordi- MORALS AND
GENERAL WELFARE
nance: DEMAND THE ZON-
ORDINANCE ING CHANGES AND
NO. 480-565 AMENDMENTS
AN ORDINANCE HEREIN MADE;
AMENDING ORDI- PROVIDING THAT
NANCE NO.480, AS THIS ORDINANCE
AMENDED, THE SHALL BE CUMU-
COMPREHENSIVE LATIVE OF ALL
ZONING ORDI-I ORDINANCES; PRO-
NANCE OF THE CITY VIDING A SEVER-
OF SOUTHLAKE ABILITY CLAUSE;
TEXAS; GRANTING PROVIDING FOR A
A ZONING CHANGE PENALTY FOR V10-
ON A CERTAIN LATIONS HEREOF; PYP
TRACT OR TRACTS PROVIDING A SAV- x0�* ��E, CHRISTY L.HOLLAND
OF LAND WITHIN INGS CLAUSE; ��N M Commission Expires
THE: SOUTHLAKE, TEX- PROVIDING THE CITY OF LICATIFOR d?�I y July 31,2012
PUBLICATION IN
COUnt AS BEINGLEGALLY OFFICIAL 4/to
DESCRIBED A NEWSPAPER;ASS NEWSPAPER' AND
TRACT 2, GEORGE PROVIDING AN EF-
W. MAIN SURVEY, FECTIVE DATE.
Befor ABSTRACT NO. SECTION 7. and State,this daypersonallyappeared Deborah Baylor,Bid and Legal Coordinator for the Star-
1098, BEING AP- Any person, firm or Y
Telegl PROXIMATELY 1.68 corporation who vi-Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
ACRES, AND MORE olates, disobeys,
attach FULLY AND COM- omits, neglects or?d in t bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
PLETELY DE- refuses to comply
(817) SCRIBED IN
"SF-lA"IN EXHIBIT with or who resists b"A" FRO the enforcement of
SINGLE FAMILY any of the provisions __
RESIDENTIAL DIS- of this ordinance • •`_ ,
TRICT TO "S-P-1" shall be fined not Signed
DETAILED SITE more than Two
PLAN DISTRICT, AS, Thousand Dollars
SUBS - - - - ($2,000.00) for each iIS Tuesday,A gust`•, ,►48. i
offense. Each day / /�% ' / /2
that a violation is / /
permitted to exist
shall constitute a Notary Public `/
separate offense.
City of Southlake
Lori Payne
i City Secretary
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: 299517051
Invoice Amount: $99.63
PO Number: 20801261-000
Amount Enclosed: $