480-574CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO.480-574
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,
AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE
DISTRICT USES TO "0-1" OFFICE DISTRICT, AS DEPICTED ON THE
APPROVED CONCEPT 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 "S-P-2"
Generalized Site Plan District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested
by a person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination
as to whether these changes should be granted or denied: safety of the motoring public
and the pedestrians using the facilities in the area immediately surrounding the sites;
safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected
to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for
off-street parking facilities; location of ingress and egress points for parking and off-
street loading spaces, and protection of public health by surfacing on all parking areas
to control dust; effect on the promotion of health ad the general welfare; effect on light
and air; effect on the over -crowding of the land; effect on the concentration of
population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered
among other things the character of the districts and their peculiar suitability for
particular 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:
Being Lot 2 Akard Addition, an addition to the City of Southlake and more
fully and completely described in exhibit "A" from "S-P-2" generalized site
plan district with "0-1" office district uses to "0-1" office district, as
depicted on the approved concept plan attached hereto and incorporated
herein as exhibit "B" and subject to the following specific conditions:
Approved as presented; granting requested variances; and noting the
requirement of a right-in/right-out driveway between 260 and 280 South
Peytonville Avenue and subject to the following conditions of the Concept
Plan Review Summary:
1. The minimum spacing between driveways along an arterial
roadway is 250 feet. The applicant proposed a driveway
approximately 220 feet from an existing driveway to the north and
170 feet to a future driveway to the south. (A variance requested
and granted subject to a right-in/right-out driveway between 260
and 280 South Peytonville Avenue)
2 The underlying land use designation is Medium Density Residential
with a T-1 (Transition) optional land use designation. The Medium
Density Residential category allows for limited low intensity office
uses. However, the Land Use Plan recommends that office
buildings in the Medium Density Residential category be limited to
1-2 stories with footprints less than 6,000 square feet.
3. Provide an 8 foot trail as required along S. Peytonville Avenue by
the Master Pathways Plan. Provide connecting internal sidewalk(s)
to the trail.
4. Provide common access easements centered over and covering
the width of all connecting driveways.
Environmental Resource Protection Recommendations
There are no specifically identified conservation areas on this
property. Although not required by ordinance, trees should be
preserved whenever feasible. A Tree Conservation Analysis is
required.
INFORMATIONAL COMMENTS:
All development must comply with the City's Drainage Ordinance
No. 605 and the Erosion and Sediment Control Ordinance No. 946.
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, and a 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.
This site falls within the applicability of the residential adjacency
standards as amended by Ordinance 480-CC, Section 43, Part III
"Residential Adjacency Standards". Although no review of the
following issues is provided with this concept plan, the applicant
must evaluate the site for compliance prior to submittal of the site
plan. A Site Plan meeting all requirements of the underlying zoning
district must be submitted and approved by the Planning and
Zoning Commission and City Council prior to issuance of a building
permit. Note that these issues are only the major areas of site
plan review and that the applicant is responsible for
compliance with all site plan requirements:
Masonry requirements per Section 43, Ordinance 480, as
amended and Masonry Ordinance No. 557, as amended.
Roof design standards per Section 43, Ordinance 480, as
amended
Mechanical Equipment Screening
Vertical and horizontal building articulation (required on all
building facades) per Section 43, Ordinance 480, as
amended.
Building setback standards as per Section 43, Ordinance
480, as amended.
Spill -over lighting and noise per the Lighting and Noise
Ordinances, as amended.
Off-street parking requirements per Ordinance 480, as
amended. All areas intended for vehicular use must be of an
all weather surface material in accordance with the
Ordinance No. 480, as amended.
Screening as per, Ordinance 480, as amended.
Bufferyards in compliance with Ordinance No. 480, Section
42.
Interior landscaping per Landscape Ordinance No. 544, as
amended.
Fire lanes must be approved by the City Fire Department.
Denotes Informational Comment
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.
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.
C9 x0_11 Eel i!"
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 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 c918� day of
& , 2008.
MAYOR
ATTEST:
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PASSED AND APPROVED on the 2nd reading the l/nth day of ,
2008.
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APPROVE AS O FORM AND LEGALITY:
CITY ATTORNEY
DATE: Nove+yl l oer 3 , mol
ADOPTED: ,&Mhd)
EXHIBIT "A"
Being Lot 2, Akard Addition, an addition to the City of Southlake, Tarrant County Texas,
according to the Plat recorded in Volume 388-142, Page 100 Plat Records, Tarrant
County, Texas
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EXHIBIT "B"
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INVOICE
Preview
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
302081651
FORT WORTH, TX 76102
Invoice Date:
12/21/2008
(817) 390-7761
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Federal Tax ID 26-2674582
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Terms:
Net due in 21 days
Due Date:
12/31/2008
Bill To:
J A N 1 4 2009
PO Number:
20900115-000
CITY OF SOUTHLAKE
Order Number:
30208165
1400 MAIN ST
STE 440
OFFICE OF Cil" 'E CRETARY
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
D
CITY OF SOUTH
escr><pl, on: LA
Attn Attn: ACCOUNTS PAYABLE Publication Dates:12/19/2008 -12/21/200
I Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 118 118 LINE $0.43 $100.58
Sales Discount
Misc Fee
Net Amount:
($8.50)
$5.00
$97.08
JAN 1 3 2D-3 i
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 swom, did depose and say that the
attached clipping of an advertisement was published in the ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501 e-N ���11111111l11p�,,
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, December
Notary Publi
M, 2008. z
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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:
302081651
Invoice Amount:
$97.08
PO Number:
20900115-000
Amount Enclosed:
$ I
k
CITY OF
SOUTHLAKE
ORDINANCE
NO. 480-574
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
SOUTHLAKE, TEX-
AS BEING LEGALLY
DESCRIBED AS LOT
2 AKARD ADDITION,
AN THE ADDON O
ON TO
F
SOUTHLAKE AND
MORE FULLY AND
COMPLETELY DE-
SCRIBED IN EXHIBIT
"A" FROM "S-P-2"
GENERALIZED SITE
PLAN DISTRICT
WITH "0-1" OFFICE
DISTRICT USES TO
"0-1" OFFICE DIS-
TRICT, AS DEPICTED
ON THE APPROVED
CONCEPT PLAN
ATTACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT "B", OR
OTHER ZONING
DISTRICT WHICH
REPRESENTS THE
HIGHEST OR BEST
USE OF PROPERTY
AS PROVIDED IN
THE CITY'S COM-
PREHENSIVE ZON-
ING ORDINANCE NO.
480, AS AMENDED,
SUBJECT TO THE
SPECIFIC REQUIRE-
MENTS CONTAINED
IN THIS ORDI-
NANCE; CORRECT-
ING THE OFFICIAL
ZONING MAP; PRE-
SERVING ALL OTH-
ER PORTIONS OF
THE ZONING ORDI-
NANCE; DETERMIN-
ING THAT THE
PUBLIC INTEREST,
MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
A M E N D M E N T S
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE'
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-1
VIDING A SEVER -
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, disobeys,
omits, neglects or
refuses to comply
with or who resists
the enforcement of
any of the provisions
of this ordinance
shall be fined not
more than Two
Thousand - Dollars
($2,000.00) for each
Legal Notices
offense. Each day
that a violation is
permitted to exist
shall constitute a
separate offense.
PASSED AND AP-
PROVED THIS THE
16th DAY OF DE-
CEMBER, 2008,
DURING THE REG-
ULAR CITY COUNCIL
MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
r
INVOICE Preview
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 300902701
"Y
FORT WORTH,TX 76102 Fr—z s,-:c, 1 Rn' ,;_
(817)390-7761 Invoice Date: 10/19/2008
Federal Tax ID 22-3148254 Terms: Net due in 21 days
NOV 1 Due Date: 10/31/2008
Bill To: PO Number: no po
CITY OF SOUTHLAKE L Ir
1400 MAIN ST OFFICE Ur '. ) 1 v L.: L. PJ In�/
Order Number: 30090270
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Dates:10/18/2008 - 10/19/200
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 1 132 132 LINE $0.42 $111.92
Sales Discount ($8.50)
Misc Fee $5.00
RECEIVED Net Amount: $108.42
NOV C 3 2008
BY: Ciip[f r
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 the bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed \\\\0111111HN����/
CK
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday,Octob r 2,2008. ``QPP�Pu So,
��i�4
Notary Public OU n �` :4'
7
Thank You For Your Payment ,���q� 18-19;D\0`�x\\`
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 300902701
Invoice Amount: $108.42
PO Number: no po
Amount Enclosed: $
r R
CITY
OF SOUTHLAKE
Notice is hereby given
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on No-
vember 4, 2008, at
5:00 p.m. or imme-
diately following the
Work Session, dur-
ing the Regular City
Council meeting to
be held in the City
Council Chambers of
Town Hall, 1400
Main Street, South-
lake, Texas. Purpose
of the public hearing
is to consider the
second reading of
the following ordi-
nance:
ORDINANCE
NO. 480-574 HEREIN MADE;
AN ORDINANCE PROVIDING THAT
AMENDING ORDI- THIS ORDINANCE
NANCE NO. 480, AS AMENDED, THE SHALL BE CUMU-
LATIVE OF ALL
COMPREHENSIVE ZONING ORDI- ORDINANCES; PRO-
VIDING A SEVER-
NANCE OF THE CITY ABILITY CLAUSE;
OF SOUTHLAKE, PROVIDING FOR A
TEXAS; GRANTING PENALTY FOR VIO-
A ZONING CHANGE CATIONS HEREOF;
ON A CERTAIN PROVIDING A SAV-
TRACT OR TRACTS INGS CLAUSE;
OF LAND WITHIN PROVIDING FOR
THE CITY OF PUBLICATION IN
SOUTHLAKE, TEX- THE OFFICIAL
AS BEING LEGALLY , NEWSPAPER; AND
DESCRIBED AS LOT ; PROVIDING AN EF-
2 AKARD ADDITION, FECTIVE DATE.
AN ADDITION TO SECTION 7.
THE CITY OF Any person, firm or
SOUTHLAKE AND corporation who vi-
MORE FULLY AND olates, disobeys,
COMPLETELY DE- omits, neglects or
SCRIBED IN EXHIBIT refuses to comply
"A" FROM "S-P-2" with or who resists
GENERALIZED SITE the enforcement of
PLAN DISTRICT any of the provisions
WITH "O-1" OFFICE of this ordinance
DISTRICT USES TO shall be fined not
"0-1" OFFICE DIS- more than Two
TRICT,AS DEPICTED Thousand Dollars
ON THE APPROVED ($2,000.00) for each
CONCEPT PLAN offense. Each day
ATTACHED HERETO that a violation is
AND INCORPORAT- permitted to exist
ED HEREIN AS EX- shall constitute a'
HIBIT "B", OR separate offense.
OTHER ZONING City of Southlake
DISTRICT WHICH Lori Payne
REPRESENTS THE City Secretary
HIGHEST OR BEST
USE OF PROPERTY
AS PROVIDED IN
THE CITY'S COM-
PREHENSIVE ZON-
ING ORDINANCE NO.
480, AS AMENDED,
SUBJECT TO THE
SPECIFIC REQUIRE-
MENTS CONTAINED
IN THIS ORDI-
NANCE; CORRECT-
ING THE OFFICIAL
ZONING MAP; PRE-
SERVING ALL OTH-
ER PORTIONS OF
THE ZONING ORDI-,
NANCE; DETERMIN-
ING THAT THE
PUBLIC INTEREST,
MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS