Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
February 25, 2009
CASE NO: ZA08-066
PROJECT: Zoning Change & Site Plan for
Brad Moss Dental Office
REQUEST
: On behalf of Dr. Brad Moss, Blake Architects is requesting approval of a Zoning
Change and Site Plan from “CS” Community Service District to “O-1” Office District for
the development of one (1) dental office building of approximately 4,578 sq ft in size
and one (1) pad site for a future professional office building of approximately 5,952 sq.
ft. in size on 1.27 undeveloped acres.
The site includes all of Lot 2, Block 1 Chivers Park Addition, which consists of 0.87
acres currently zoned “O-1” Office District and a portion of Lot 3, Block 1 Chivers Park
Addition, which consists of 0.4 acres currently zoned “CS” Community Service District.
The purpose of the zoning change from the “CS” district is to match the “O-1” district of
the majority for property to allow for office development. An amended plat has been
submitted to adjust the common boundary of the two lots to match the new zoning
district boundary, pending approval of this zoning request. Additionally, a specific use
permit for a carport (6 arbor covered spaces) is being processed concurrently and will
be presented along with the second reading of this zoning change request.
The site plan is not subject to the corridor overlay or residential adjacency standards.
The site plan is subject however to the newly adopted Non-residential Development
Overlay Regulations.
VARIANCE
REQUEST:
The following variances are being requested:
1) Existing Tree Cover Preservation – The site currently has approximately 8.4%
tree cover which requires that a minimum of 70% of the existing tree cover area
be preserved. A variance to allow 34% preservation is requested.
2) Parking reduction – A 10% parking reduction in required parking is requested.
st
ACTION NEEDED:Consider 1 Reading of zoning change and site plan approval request.
1)
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Variance Exhibit
Zoning and Site Plan Review Summary No. 4 dated February 13, 2009
(E)
(F) Surrounding Property Owners Map
Case No.
ZA 08-066
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-580
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA 08-066
BACKGROUND INFORMATION
OWNER:
Dr. Brad Moss
APPLICANT:
Blake Architects
PROPERTY SITUATION:
1210 N. Carroll Avenue
LEGAL DESCRIPTION:
Lot 2, Block 1, and a portion of Lot 3, Block 1, Chivers Park Addition
LAND USE CATEGORY:
Mixed Use
CURRENT ZONING:
O-1 Office District & CS Community Service
REQUESTED ZONING:
O-1 Office District
HISTORY:
- Zoning change was approved from “AG” agricultural district to “LC” light
commercial district in April 1985 under Zoning Ordinance No. 261, as
amended;
- “R-1” retail one district was approved on the property in April of 1989 under
Zoning Ordinance No. 334, as amended;
- The subdivision plat for Lots 1, 2 & 3, Block 1 Chivers Park was approved on
June 20, 1989 and recorded in the County January 11, 1990.
- “O-1” office district zoning was placed upon Lot 2 and “CS” community
service district was placed on Lot 3 with the adoption of Zoning Ordinance No.
480 and the official zoning map in September of 1989.
- Currently, an amended plat, to adjust the common boundary of Lots 2 & 3 to
match the proposed zoning boundary, is being processed in conjunction with
this request (ZA08-034). The amended plat may be approved administratively
but is subject to the approval of this zoning change application in order to
correct what would result in a “split lot” zoning.
SOUTHLAKE 2025 PLAN/
STATEGIC LINK:
Consolidated Land Use Plan
This area is designated as “Mixed Use” land use category. The “Mixed Use”
category is intended to provide an option for large-scale, master-planned,
mixed use developments that combine land uses such as office facilities,
shopping, dining, parks, and residential uses. This designation is generally
applicable on properties larger than approximately 50 acres located along the
City’s major roadways. Smaller developments must be designed to be
integrated into the context of a larger master-planned development. The range
of activities permitted, the diverse natural features, and the varying proximity to
Mixed Use
thoroughfares of areas in the category necessitates
comprehensively planned and coordinated development. New development
must be compatible with and not intrusive to existing development. Further,
special attention should be placed on the design and transition between
Mixed Use
different uses. Typically, the designation is intended for medium- to
higher-intensity office buildings, hotels, commercial activities, retail centers,
and residential uses. Nuisance-free, wholly enclosed light manufacturing and
assembly uses that have no outdoor storage are permitted if designed to be
Case No. Attachment A
ZA 08-066 Page 1
compatible with adjacent uses. Other suitable activities are those permitted in
Public Parks/Open Space, Public/Semi-Public, Low Density Residential,
the
Medium Density Residential, Retail Commercial, Office Commercial
and
categories previously discussed. Retail and Office uses can be either:
Pedestrian-oriented or automobile-oriented.
Pathways Master Plan:
Southlake Pathways Plan
Per the , an 8’+ Multi-Use Trail is programmed along
the east side of N. Carroll Avenue on the and an On-Street Bikeway is
Planned for the west side of N. Carroll Avenue with future roadway
improvements. There is an existing 6’ wide sidewalk along the east side of N.
Carroll Avenue through the frontage of Johnson Elementary School. This
development proposes a 5’ wide sidewalk through the frontage of N. Carroll
Avenue which is compliant with the current requirements.
Environmental Resource Protection Plan:
Although this site does not have any specific tree cover/open space
Environmental Resource Protection Map
preservation areas as shown on the ,
Environmental
there are several trees scattered across the property. The
Resource Protection Plan
recommends the preservation of trees whenever
feasible. The applicant’s Tree Conservation Plan indicates that approximately
34% of the existing tree coverage may be preserved to the maximum extent
possible.
Case No. Attachment A
ZA 08-066 Page 2
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
The Master Thoroughfare Plan designates N. Carroll Avenue as an A2U two
lane undivided arterial street, with the ability to be expanded to an A4D 4 lane
divided arterial street if traffic counts warrant within 88 feet of right-of-way.
Existing Roadway Network and Conditions
N. Carroll Avenue is currently a 2 lane undivided arterial within a variable width
right-of-way (± 80 feet).
May 2008 traffic counts on N. Carroll Ave. between E. Highland St. and
E. Dove St.
North Bound South Bound
24hr 2,364 2,194
AM Peak 248281
(7:30AM – 8:30AM) (7:30AM – 8:30AM)
PM Peak 271197
(3:00PM – 4:00PM) (3:45PM – 4:45PM)
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Medical Office 4,578 166 10 6 8 12
General Office 5,952 65 8 1 1 7
Total 10,530 231 18 7 9 19
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on W. Southlake Boulevard.
WATER & SEWER:
Water: The site will be serviced by an existing 12-inch water line located on the
west side of N. Carroll Avenue to serve this development.
Sewer: The site will be serviced by a proposed 8-inch sanitary sewer line which
will connect to a 15-inch line approximately 785’ to the north of the lot.
TREE PRESERVATION:
The site currently has approximately 8.4% tree cover which requires that a
minimum of 70% of the existing tree cover area be preserved. A variance to
allow 34% preservation is requested. There is not significant tree coverage on
the lot and attempting to preserve the existing tree cover would require the
applicant to significantly redesign the buildings in an illogical and unpractical
manner.
CITIZEN INPUT/
BOARD REVIEW:
None.
P & Z ACTION:
February 19, 2009; Approved (6-0) subject to the Site Plan Review Summary
No. 4 dated February 13, 2009, granting the requested variances for the
existing tree coverage preservation reduction and 10% parking reduction and
noting the applicant’s willingness to provide an access easement to the north
and south property boundaries.
Case No. Attachment A
ZA 08-066 Page 3
STAFF COMMENTS:
This case will be accompanied by case ZA08-115, a Specific Use Permit for
nd
covered parking at 2 Reading of this project. Attached is Site Plan Review
Summary No. 4, dated February 13, 2009.
N:\Community Development\MEMO\2008cases\08-066.doc
Case No. Attachment A
ZA 08-066 Page 4
Case No. Attachment B
ZA 08-066 Page 1
Site Plan
Case No. Attachment C
ZA 08-066 Page 1
For Additional Exhibits, please view the
POWERPOINT PRESENTATION
for this item by clicking the above link
Case No. Attachment C
ZA 08-066 Page 2
Variance Exhibit
Case No. Attachment D
ZA 08-066 Page 1
ZONING CHANGE & SITE PLAN REVIEW SUMMARY
ZA08-066Four02/13/09
Case No.: Review No.: Date of Review:
Zoning Change and Site Plan
Project Name: – Brad Moss Dental Office
OWNER: APPLICANT / ARCHITECT:
Dr. Brad Moss Roger ‘Skip’ Blake
1011 N. Carroll Avenue 1202 S. White Chapel Road
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 488-6513 Phone: (817) 488-9397
Fax: (817) 488-0487 Fax: (817) 251-3205
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/16/08 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT DANIEL CORTEZ AT (817) 748-8070 OR DENNIS KILLOUGH
AT (817) 748-8072.
(10% variance is requested)
1) Site must meet minimum parking requirements.
The applicant has submitted a
2) Covered parking musty be approved by Specific Use Permit.
concurrent SUP for carports (ZA08-115).
3) Split lot zoning is not permitted. If zoning is approved, the applicant must file a replat to align the lot
An application for an amended plat has been submitted
boundaries with the new zoning boundary.
and approved with conditions including receiving approval for an appropriate change of zoning
to resolve the split lot zoning created by the lot boundary change.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION:
1. The removal of the existing trees does not comply with the preservation of the existing tree cover as
regulated by the Tree Preservation Ordinance. Only 34.76% of the existing tree canopy cover is
proposed to be preserved and minimum of 70% of the existing tree cover is required to be preserved.
Except as provided by subsection 7.2.b., a Tree Conservation Analysis or Tree Conservation Plan
shall be approved if it will preserve existing tree cover in accordance with the percentage requirements
established by Table 2.0. If the property has previously received a tree permit related to development,
the percentage of existing tree cover at the time the first such permit was issued shall be used to
calculate the minimum existing tree cover that must be preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
Case No. Attachment E
ZA08-066 Page 1
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights-of-way as approved by City Council.
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the approved
Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved
by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities,
structures grading, and any other structure proposed to be constructed do not conflict with existing
trees intended to be preserved.
LANDSCAPE REQUIREMENTS:
1. Please submit a color landscape plan as required with all development site plan submittals.
* Existing tree credits are proposed to be taken for eight (8) of the interior landscape accent trees.
Please note that existing tree credits shall only be granted if the tree/s being preserved are in healthy
condition and all requirements of the Tree Preservation Ordinance have been met as determined by
the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy.
* All shrubs, ornamental grasses and ground covers planted in bufferyard areas and areas surrounded
by turf grass must be installed in prepared and mulched beds. Installation in of these plant materials in
turf grass will not be acceptable or approved.
Public Works/Engineering Review
Michelle McCullough
Civil Engineer
(817) 748-8274
mmccullough@ci.southlake.tx.us
GENERAL COMMENTS:
* A ROW permit shall be obtained from the Public Works Operations Department for connections with
the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082.
* Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
WATER COMMENTS:
1. The minimum size for public water lines is 8”.
2. The water line may need to be extended to the west property to loop the waterline in the future.
* There is an existing 12 inch diameter water line located on the west side of North Carroll Avenue to
serve this development.
* The water meters must be located in an easement or right-of-way.
SANITARY SEWER COMMENTS:
1. All sanitary service lines must connect to a public sanitary system line that is built to City standards.
Case No. Attachment E
ZA08-066 Page 2
2. In order to prevent a 15” or greater depth of sewer line for the proposed 8 inch sewer line on the east
side of Carroll Ave, the engineer should consider designing the line to drop into the manhole on the
15” diameter line. Also there is a storm sewer located in the area where the proposed 8 inch sewer
line will be constructed.
3. Verify there will be sufficient cover over the 4” service for the building to the north. The preliminary
plans submitted show this service to be located beneath the proposed detention pond.
DRAINAGE COMMENTS:
1. The proposed detention ponds shall control the discharge of the 2, 10 and 100 year storm events.
Access easements are needed for maintenance of the detention pond. A detention pond certification
letter will be required by the City indicating that the pond has sufficient volume to function as designed.
This letter and survey shall be signed and sealed by a licensed engineer.
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to
beginning construction.
* The drainage from this development is generally to the north east.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public
Works Administration Department. The plans shall conform to the most recent construction
plan checklist, standard details and general notes which are located on the City’s website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* An access permit from TxDOT is required prior to construction of a driveway on FM 1709,
FM 1938 or SH 114. Submit application and plans directly to TxDOT for review.
* A ROW permit shall be obtained from the Public Works Operations Department (817) 748-
8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be
approved by the City Council prior to any construction of public infrastructure. Construction
plans for these improvements must be acceptable to Public Works prior to placing the
Developer’s Agreement on the City Council agenda for consideration.
* A separate bond will be required for the Maintenance Bond and bound only unto the
City of Southlake for a period of two years for all development projects. The
Maintenance Bond cannot be tied to the Performance and Payment Bond in any way.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review
of construction plans.
Fire Department Review
David C. Barnes
Fire Marshal
(817) 748-8233
GENERAL COMMENTS:
* No general problems noted based on submitted information. See specific comments below.
FIRE LANE COMMENTS:
1. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire
Case No. Attachment E
ZA08-066 Page 3
apparatus (minimum of 75,000 lbs GVW).
2. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per 2006
I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and updated 07-18-97) Dimension turn
radii on site plan.
FIRE HYDRANT COMMENTS:
* Hydrant may be required depending upon building construction type and square footage and locations
of existing hydrants. (per 2006 I.F.C. Section 508.1. as amended)
* Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet for
five-inch diameter hose.
INFORMATIONAL COMMENTS:
* All construction plans to be submitted for a building permit must conform to the edition of the
International Fire Code currently amended and adopted.
* All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2006 I.F.C.
Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire Marshal’s
Office. FDC connections must have a Knox Locking Cap.
# = Denotes comment that may be included in formal review by P&Z and City Council.
* = Denotes informational comment.
Community Service/Parks Department Review
Peter Kao, P.E.
Construction Manager
(817) 748-8607
pkao@ci.southlake.tx.us
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if
requesting fee credits. Please contact the Community Services Department at (817) 748-8607 for
further details.
Land/park dedication requirements:
If not already paid, requires non-residential park dedication fees in the amount of $2400 per gross acre x
0.896 acres= $2150.40.
Pathway Comments:
Provide Pedestrian Access Plan. Should provide 4ft pedestrian access along west side of Carroll and 4ft
sidewalk connections to each office building. Identify crosswalks.
The following should be informational comments only
============= =============
* No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs.
Case No. Attachment E
ZA08-066 Page 4
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605, as amended.
* All construction relating to this project must comply with the Erosion and Sediment Control Ordinance
No. 946, as amended.
75
* It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and
building plans, must be submitted for approval and all required fees must be paid. This may include
but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and
Tap Fees, and related Permit Fees.
* Covered parking is subject to approval of a Specific Use Permit processed separately from the
proposed Zoning Change and Site Plan under this application.
* Denotes Informational Comment
Case No. Attachment E
ZA08-066 Page 5
Surrounding Property Owners
Brad Moss Dental Office
SPO # Owner Zoning Land Use Acreage Response
1. NR
Southlake Christian Church, In CS 4.85
100-Year Flood Plain, Mixed Use
2. NR
Highland Meadow Montessori Ac CS 3.82
Mixed Use
3. Low Density Residential, Public/Semi-
NR
Carroll ISD CS 14.07
Public, Office Commercial
4. NR
K Four Properties Llc CS 0.87
Office Commercial
5. NR
Brown, J D AG 1.02
Mixed Use
6. F
Montessori Academy Southlake CS 0.84
Mixed Use
7. NR
Brad Moss O-1 0.89
Mixed Use
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment F
ZA08-066 Page 1
Surrounding Property Owner Responses
Brad Moss Dental Office
Notices Sent:
Six (6)
Responses Received:
One (1) – Attached
Case No. Attachment G
ZA 08-066 Page 1
Case No. Attachment G
ZA 08-066 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-580
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 A PORTION OF LOT
3, BLOCK 1, CHIVERS PARK ADDITION, SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 0.39 ACRES AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “CS” COMMUNITY SERVICE DISTRICT TO “O1” OFFICE
“
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 “CS” Community
Service District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment H
ZA 08-066 Page 2
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 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
Case No. Attachment H
ZA 08-066 Page 3
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 legally described as a portion of Lot 3, Block 1, Chivers Park Addition,
Southlake, Tarrant County, Texas, being approximately 0.39 acres, and more fully
and completely described in Exhibit “A” from “CS” Community Service District, to
“O1” Office District as depicted on the approved Site Plan attached hereto and
incorporated herein as Exhibit “B,” and subject to the following conditions:
1. Reserved for City Council conditions
Case No. Attachment H
ZA 08-066 Page 4
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.
Case No. Attachment H
ZA 08-066 Page 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
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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 ____ day of _________, 2008.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being legally described as a portion of Lot 3, Block 1, Chivers Park Addition, being approximately
0.39 acres, and more fully and completely described as follows:
Reserved for Metes & Bounds
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EXHIBIT “B”
Reserved for Approved Site Plan
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