480-312ACITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-312a
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 14, BLOCK 6, SOUTHRIDGE LAKES
ADDITION, BEING APPROXIMATELY 0.984 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"C3" GENERAL COMMERCIAL DISTRICT TO "CS" COMMUNITY
SERVICE 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 "C3" General
Commercial District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
Case No. Page 1
ZA08-100
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,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
Case No. Page 2
ZA08-100
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 14, Block 6, Southridge Lakes Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A,
Slide 4596, Plat Records, Tarrant County, Texas, and being approximately 0.984
acres, and more fully and completely described in Exhibit "A" from "C3" General
Commercial District to "CS" Community Service District, as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit "B", and
subject to the following specific conditions:
1. Granting the requested variances to driveway stacking depth and vertical articulation.
Case No. Page 3
ZA08-100
2. Live Oaks spaced at 20' to 25' along Corporate Circle are to be provided as agreed to
at first reading by City Council on December 16, 2009 to match the existing street
trees.
3. Noting that the impervious coverage for the entire site for all phases is not to exceed
65% as required by ordinance.
4. Subject to Site Plan Review Summary No. 4, dated December 9, 2008
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.
Case No. Page 4
ZA08-100
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
Case No. Page 5
ZA08-100
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 16th day of December 2008.
MAYOR
ATTEST:%,�,
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CITY SECRETAR '••••, •.•••'• .�'
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PASSED AND APPROVED on the 2nd reading the 6th day of January 2009.
AYOR
ATTEST:
CITY SECRET
Case No.
ZA08-100
Page 6
APPROVE S TO FORM AND LEGALITY:
t
CITY ATTORNEY
DATE: q- �,D j
ADOPTED: I-(p-0q
EFFECTIVE: I- q-bQ
Case No. Page 7
ZA08-100
EXHIBIT "A"
Being Lot 14, Block 6, Southridge Lakes Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 4596, Plat Records, Tarrant
County, Texas, and being approximately 0.984 acres
Case No. Page 8
ZA08-100
all.
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EXHIBIT "B"
Site Plan — December 9, 2008
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Case No. Page 9
ZA08-1 00
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Case No. Page 10
ZA08-1 00
Tree Preservation Plan
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Case No. Page 11
ZA08-1 00
Variance Letter
Pki.,
architecture planning - interior design•
300 Summit Avenue November 10, 2008
Suite 300
Fort .North, TX
761024419 Revised December 9, 2008
p 817-87-00"
t 817-877-0418 CITY OF SOUTHLAKE
w-ww.omarch.com 1400 Main Street. Suite 310
Southlake, TX 76092
RE: Southlake Boulevard Presbyterian Church Site Plan Project No. 07184.001
Case No.: ZA08-100
Dear Honorable Mayor, City Council, Zoning Board and City Staff:
We have submitted a Site Plan for a building addition for Southlake Boulevard
Presbyterian Church for approval. As part of this submittal, we are requesting two
variances.
The first variance request is for the stacking depth. One -hundred feet of stacking depth
is required, and thirty-eight feet is requested.
The second variance is related to the requirement for vertical articulation as outlined
below:
Since this project is located within the Corridor Overlay Zone, vertical building
articulation is requested to conform to Section 43 of the Zoning Ordinance and Exhibit
43-A. Vertical Articulation: No horizontal wall shall extend for a distance greater than
three (3) times the height of the wall without changing height by a minimum of 15% of
the wall's height, and such height change shall continue for a minimum distance equal
to at least 25% of the maximum length of either adjacent plane.
Fort Worm. TX
The existing Southlake Boulevard Presbyterian Church building is located along
Southlake Boulevard. The proposed building addition is located to the north of the
Minneapolis, MN existing building, so this portion of the building does not front Southlake Boulevard and
is not as easily visible from Southlake Boulevard,
Dallas, TX
This side of the property is also adjacent to residential properties, and we feel that the
proposed design is more respectful to the adjacent neighbors and is a more attractive
Austin. TX solution for the City of Southlake and its residents. The proposed design currently
conforms to another requirement of the Corridor Overlay Zone for the building to not
Irvine., CA exceed 20' in height for the first 80' from the residential property lines. The current
design maintains the 20' height for a longer distance, and so provides better site lines at
the top of the building for the adjacent neighbors. We understand the proposed design
conforms to the vertical articulation at the south end of the new addition, so we are
requesting a variance only to the requirement at the north end of the building closest to
the adjacent neighborhood.
Case No. Page 12
ZA08-100
CITY OF SOUTHLAKE
December 9. 2008
Page 2
It is the desire of Southlake Boulevard Presbyterian Church to be a good neighbor to
the City and its residents by building a visually pleasing building. We appreciate the
need for building articulation; however, we believe there is sufficient visual interest to
the building facade with the proposed horizontal and vertical architectural elements.
We believe any additional height increases at the north end of the building addition will
not be an improvement, but instead will diminish the attractiveness of the building
addition. And although there are not additional extensions above the roof line per
Exhibit 43-A, the proposed design does conform to the language of Section 43 of the
Zoning Ordinance since there is a wall height change by a minimum of 15% for a
distance at least 25% of the wall length at the north end of the building addition. Please
see elevation drawings that illustrate this condition.
We appreciate your consideration of the above request. If there are any questions
regarding this request, please feel free to contact us.
Sincerely,
C.M. ARCHITECTURE, P.A.
Kris Calvert
Project Manager
Enclosure
cc: CMA
Case No. Page 13
ZA08-100
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
INVOICE
RECEIVED
J A N 2 3 2009
Bill To: -TA,/
CITY OF SOUTHLAKE '? r
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS P
CITY OF SOUTHLAKE ORDINANCE NO I3580
Sales Discount
Misc Fee
;�rci�•!Ffl
Preview
Customer ID:
CIT57
Invoice Number:
302388411
Invoice Date:
1/11/2009
Terms:
Net due in 21 days
Due Date:
1/31/2009
PO Number:
PO#20900115-000
Order Number:
30238841
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Dates:
1/9/2009 -1/11/2009
1 124 124 LINE $0.43
Net Amount:
$105.44
($8.50)
$59.40
$156.34
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 thefl,7 named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501 _ ^ n `%Xkq llllflhll//01
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, January 1 009.
i
Notary Public J Ql A
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
CIT57
Customer Name:
CITY OF SOUTHLAKE
Invoice Number:
302388411
Invoice Amount:
$156.34
PO Number:
PO#20900115-000
Amount Enclosed:
$ I
AMENDI
NANCE
AS A
S U U T H L A K E
TEXAS BEING
LEGALLY DE-
SCRIBED AS LOT
14, BLOCK 6
S O U T H R I D G
LAKES ADDITION,
BEING APPROXI-
MATELY 0.984
ACRES, AND
MORE FULLY AND
COMPLETELY DE-
SCRIBED IN EX-
HIBIT "A" FROM
"C3" GENERAL
COMMERCIAL
DISTRICT TO "CS"
C O M M U N I T Y
SERVICE DIS-
TRICT, AS DE-
PICTED ON THE
APPROVED SITE
PLAN ATTACHED
HERETO AND IN-
CORPORATED
HEREIN AS EX-
HIBIT "B", SUB-
JECT TO THE
SPECIFIC RE-�
Q U I R E M E N T S
CONTAINED IN 11
THIS ORDINANCE-;
CORRECTING TH9 11
OFFICIAL ZONING
MAP; PRESERV-
ING ALL OTHER
PORTIONS OF
THE ZONING OR-
DINANCE; DE-
TERMINING THAT
THE PUBLIC IN-
TEREST, MORALS
AND GENERAL
WELFARE DE-
MAND THE ZON-
ING CHANGES
AND AMEND-
MENTS HEREIN
MADE; PROVID-
ING THAT THIS
O R D I N A N C E
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;,
PROVIDING A'
SEVERABILITY
CLAUSE; PRO-
VIDING FOR A
PENALTY FOR
VIOLATION S
HEREOF; PRO-
VIDING A SAV-
INGS CLAUSE,
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER-1
AND PROVIDINd l
AN EFFECTIVE
DATE.
SECTION 7.
Any person, firm or
corporation who
violates, disobeys,
omits, neglects Or
refuses to comply
with or who re-
sists the enforce-
ment of any of the
Provisions of this
ordinance shall be
fined not more
than Two Thou-
sand Dollars'
($2,000.00) for
each offense. Each
day that a violation
is permitted to
exist shall consti-
tute a separate
offense.
PASSED AND AP-
PROVED THIS THE
6th DAY OF JAN-
UARY, 2009,
DURING THE
REGULAR CITY
COUNCIL MEET-
ING.
MAYOR: Andy
Wambsganss
ATTEST: Lori
Payne, City Sec-
retary
INVOICE Preview
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn: ACCOUNTS PAYABLE
CITY OF SOU"
Sales Discount
Misc Fee
Jotice is hereby given
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on Jan-
uary 6, 2000, at 5:00
P.m. or immediately
following the Work
Session, during the
Street, Southlake
Texas. Purpose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE
NO. 480-312a
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
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
THE STATE DESCRIBEDLtk
A
County of Ta S O UTHBLOCK
LAKES ADDI
BEING APP
Before me, a
MATELY
Telegram, pU
ND I
FULRLY ESAND
attached clips
PLETELY
SCRIBED IN EX
(817) 390 75
OM
N
GEERA
MERCIAL DIS'
TO CS" COI
. NITY SERVICE
TRICT, AS DEPI
CITY OF
ON THE APPR
SOUTHLAKE
SITE PLAN
Customer ID: CIT57
R Ew (71 Eu IV E D Invoice Number: 302107941
Invoice Date:
12/21/2008
JAN 1 4 2009 Terms:
Net due in 21 days
Due Date:
12/31/2008
TY S CRETARYPO Number:
#20900115-000
Order Number:
30210794
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Dates:l2/20/2008
-12/21/200
TACHED HERETO
shall constitute a
.I
AND INCORPORAT-
separate offense.
ED HEREIN AS EX-
HIBIT "B", SUBJECT
City of Southlake 121
Lori Payne
121 LINE $0.43 $103.01
TO THE SPECIFIC
REQUIREMENTS
City Secretary
CONTAINED IN THIS
HORACE L. Stewart,
ORDINANCE; COR-
RECTING THE
DDS of Ft. Worth,
TX
($8.50)
OFFI-
CIAL ZONING MAP;
is please to an-
nounce his retire -
PRESERVING ALL
ment effective De -
OTHER PORTIONS
OF THE ZONING
cember 1, 2008. Dr.
Stewart graduated
$5.00
ORDINANCE; DE-
from Baylor College
TERMINING THAT
of Dentistry in 1954
THE PUBLIC INTER-
and practiced in
EST MORALS AND
Tarrant County for
GENERAL WELFARE
54 years! He treated
DEMAND THE ZON-
literally thousands
ING CHANGES AND
of Patients during his
Net Amount' $99.51
AMENDMENTS
lengthy practice and
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE
mainly focused on
the edentulous pop -
ulation at Texas
"•'; ,'�\
SHALL BE CUMU-
LATIVE OF ALL
Denture Clinic. Dr.
Stewart transferred
ORDINANCES- PRO-
AIDING A EVER-
ABILITY CLAUSE
PROVIDING
ownership of Texas
Denture Clinic to
Chad C. Perry, DDS
-•��-
FOR' 11
and Jay W.S. Baxley,
PENALTY FOR VIO-
LATIONS , HEREOF;
DDS effective De-�.,
cember 2008, but
1.✓
����
PROVIDING A SAV-
INGS
remains as a tran-
CLAUSE;
PROVIDING FOR
PUBLICATION IN
sition consultant
with the . practice
until JanuaryA, 2003.
THE OFFICIAL
NEWSPAPER; AND
Dr.. Perry and Dr.
Baxley
PROVIDING AN EF-
look forward
to maintaining a high
FECTIVE DATE.
standard of care for
SECTION 7.
all of Texas Denture
_
Any person, firm or
Clinic's new and -ex -
corporation who vi-
!sting patients. '
olates, disobeys,
omits, neglects or
refuses to comply
NOTICE IS hereby
y.
given that, acting appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
with or who resists
the
under and pursuant,
-to the Ordinances of . Texas;
and who, after being duly sworn, did depose and say that the
enforcement of
any of the provisions
the Town of Edger on the listed
Iiff Village; Texas, on
dates: BIDS LEGAL DEPT. STAR TELEGRAM
.
of this ordinance
sjiall be fined not
the 21St day of -No-
vember, 2008,
more than Two
Thousand Dollars
Chesapeake Operat-1
ing, Inc. filed
\�\11111111i�/
�/�
offense.00) for each
offense. Each day
with
the Town of Edgec-e
°°a°°°�PMgR1E�q/>jiz®
••°'•°
YPU�C�Sf���r
that a violation is
permitted to exist
Iiff Village, an ap-
plication for a 'Gas
Well permit to drill,9riniq
; °C, �jC•o2:
= _
Notary Pub]
CO
OF RES,P.:. .
�ejjutlate�a°
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: 302107941
Invoice Amount: $99.51
PO Number: #20900115-000
Amount Enclosed: $ I