480-465b
CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-465b
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 4, J.W. HALE NO. 803 ADDITION,
BEING APPROXIMATELY 1.2 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-
P-1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1"
OFFICE DISTRICT USES, TO "S-P-1" DETAILED SITE PLAN
DISTRICT WITH LIMITED "O-1" OFFICE DISTRICT USES, 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 "S-P-1"
Detailed 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 and the general welfare; effect on light
and air; effect on the over-crowding of the land; effect on the concentration of
population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered
among other things the character of the districts and their peculiar suitability for
particular uses and the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there
is a public necessity for the zoning changes, that the public demands them, that the
public interest clearly requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference
to the classification which existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps secure safety from fire,
panic, and other dangers, promotes the health and the general welfare, provides
adequate light and air, prevents the over-crowding of land, avoids undue concentration
of population, and facilitates the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that
there is a necessity and need for the changes in zoning and has also found and
determined that there has been a change in the conditions of the property surrounding
and in close proximity to the tract or tracts of land requested for a change since the tract
or tracts of land were originally classified and therefore feels that the respective
changes in zoning classification for the tract or tracts of land are needed, are called for,
and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of
Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted
and amended, is hereby amended so that the permitted uses in the hereinafter
described areas be altered, changed and amended as shown and described below:
Being Lot 4, J.W. Hale No. 803 Addition, being approximately 1.2 acres,
and more fully and completely described in Exhibit "A" from "S-P-1"
Detailed Site Plan District with limited "0-1" Office District uses to "S-P-1"
Detailed Site Plan District with limited "0-1" Office District uses 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 variance for driveway stacking to allow a
stacking depth of approximately 22 feet for the drive on S. Carroll
Avenue;
2. Granting the requested variance for driveway spacing to allow
approximately 183 feet of spacing from the intersection for both
proposed drives;
3. Granting the requested variance for the number of parking spaces
to allow a total of 49 spaces;
4. Approving the development regulation that walk-up banking only
shall be permitted (drive-thru banking is not permitted);
5.
would Tnn- nrin pace per 1~FaF feet are elimiRate ) du
n iv
pa*iRg e
6. Approving the development regulation that the setback line from
single family residential property shall be eighty (80) feet and the
building height shall be allowed to encroach above the 4:1 slope by
12 feet at this point;
7. Eliminating printing/copying services, FnediEall effiGe, and
conventional banks as permissible uses;
8. Accepting the applicant's willingness to make as part of the site
plan approval the addition of a number of speed bumps in the main
interior drive lane sufficient to slow traffic;
9. Accepting the perimeter fence shown in Exhibit "B", pages 12 and
13;
10. Recognizing that a slate roof will be made of a slate product and
the building will have stucco, stone, and cedar as shown on the
building elevations;
11. Requiring the applicant to put opaque covers on windows at a later
date if the issue of office tenants looking out at adjoining neighbors
is determined to be a problem;
12. Recognizing that the applicant has committed to add four (4)
twelve (12) foot live oak trees along the north and east property
lines;
13. Recognizing that the applicant is in the process of entering into
agreements with the adjoining neighbors regarding the planting of
canopy and/or under story trees on their properties according to
their individual agreements;
14. Recommending that a left turn lane be striped on east bound
Continental Blvd. adjacent to the offices;
15. And, requiring the applicant to install a six (6) foot sidewalk along
E. Continental Blvd. and S. Carroll Avenue as shown on the plan;
and,
16. Noting the applicant has agreed to add an additional seven off-
site live oaks and three crape myrtles at locations to be
determined by the neighbors.
17. Limiting the medical use to dental only not to exceed 3,000
square feet; and subject to the presentation made December 15,
2009, and the Staff Report dated December 9, 2009.
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.
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 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 1St day of December, 2009.
MAYOR
ATTEST:
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V I Y o
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u
CITY SECRETARY
r'f'o',aaataecosaesee.'+`y,
PASSED AND APPROVED on the 2"d reading the 15th day of December, 2009.
MA OR
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ATTEST:
n
CITY SECRET Y c ,
APPROVE AS O FORM AND LEGALITY:
CITY ATTORNEY
DATE: ~ 1~'? /,e
ADOPTED: 4-16.09
EFFECTIVE: U-4-0i
EXHIBIT "A"
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INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH TX 76102
(817) 390-7761
Federal Tax ID 26-2674582
RECEIVED
JAN72010
Bill To:
1400 LA SCXnNST AIDE OFFICE OF CIS( SECRETARY
1400 MAINST
STE 440
SOUL"I-II.AKE, TX 76092-7604
Att m Att tr ACCOU
Description
CITY
OF SOUTHLAKE
CITY
Ordinance No. 480-
465b
f
AN ORDINANCE
AMENDING ORDI-
Sales
NANCE NO. 480, AS
AMENDEDTHE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
Mlsc�
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
4, J.W. HALE NO.
803 ADDITION, BE-
ING APPROXI-
MATELY 1.2 ACRES,
AND MORE FULLY
AND COMPLETELY
DESCRIBED IN EX-
HIBIT "A" FROM "S-
P-1" DETAILED SITE
PLAN DISTRICT
WITH LIMITED "0-
1" OFFICE DISTRICT
USESTO "S
C
DETAILED SITE
PLAN DISTRICT
WITH LIMITED 0-
1" OFFICE DISTRICT
USES, AS DEPICTED
Tl'�
ON THE APPROVED
SITE PLAN AT -
Cc
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT "B", SUBJECT �.
BE,
TO THE SPECIFIC
the Star, I e ,�,
thatthe attached clipping
(617) 39a7331
SUBSCRIBED AND S\&U
WS PAYABLE
Location Col
Customer ID.• CIT57
Invoice Number: 308021261
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
12/18/2009
Net due in 21 days
12/31/2009
21000007-000
30802126
073
CITY OF S OUTHLA
12/18/2009
kith Linage MU Rate Amount
Legal Notices
REQUIREMENTS 13580 1 110 110 L1W $0.81 $89.10
CONTAINED IN THIS
ORDINANCE; COR-
RECTING THE OFFI-
CIAL ZONING MAP; 5$ 00)
PRESERVING ALL (
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING THAT $5.00
THE PUBLIC INTER-
EST, MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE;.
PROVIDING THAT Net Amount: $89.10
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
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 ,�pn^Y,�U�:•: CNRiSTY L. HOLt.ANf7 PROVIDING AN EF- $ t;
FECTIVE DATE. T;
SECTION 7. �, r �' CF?R1fC119S!on Expires
Any person, firm or Pj Jury 3i,i'OlZ
corporation who vi-
olates, disobeys,
omits, neglects or y'lY'Ii�gPV'.'VWIYWW'I'I�'V'IOiYVPYt'Y99VVtlF0'Yi9V
refuses to comply
with or who resists
the enforcement of y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinatnrfor
any of the provisions
of this ordinance 3m, Inc. atFort \Abrth, in TanantCounty, Texas; and who, afterbeing duly sv�om, did depose and say
shall be fined not
more than Two 3s publish -in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
Thousand Dollars
($2,000.00) for each
offense. Each day
that a violation is \ O
permitted to exist Signed �.•
shall constitute a
separate offense.
PASSED AND A
PROVEED THIS HE THIS Mnday, D 21 2DM.
15th DAY OF DE-
CEMBER, 2009,
DURING THE REG-
ULAR CITY COUNCIL Notary Public ZA
MEETING.
MAYOR: John Terrell
ATTEST: Lori Payne,
City Secretary
Thank You For Your Payment
----------------------------------
RemitTo: Star -Telegram Customer ID:
CIT57
P.C! BOX 901051 Customer Name:
CITY OF SOUIMAKE
FORT WORTH, TX 76101-2051 Invoice Number.
308021261
Invoice Amount
$89.10
PO Number.
21000007-000
Amount Enclosed:
'$ 1
3
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
PAYABLE
CITY OF SOUTHLAKE Notice is he
Sales Discount
Misc Fee
THE STATE OF TEXAS
County of Tarrant
INVOICE*-- -
Customer ID:
CIT57
Invoice Number:
307728131
g�
Invoice Date:
\4� 0
11/27/2009
P1C t
Terms:
Net due in 21 days
Due Date:
11/30/2009
p�C
2 �009 PO Number:
nopo
r
^� rder Number:
1 ACCVt'� ales Rep:
Description:
30772813
073
CITY OF SOUTHLA
Publication Date:
11/27/2009
I3580 1 125 125 LINE $0.81 $101.25
($5.00)
$5.00
Net Amount: $101.25
���aP �� CHRIS°tY L. MOLLANq
My Commission Expires
����� July 31, 2012
�vw•fr►vvvttr�sevv�n�vvt�vnr�m��m
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 publis m the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Th
Notary
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: 307728131
Invoice Amount: $101.25
PO Number: nopo
Amount Enclosed:
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 De-
cember 15, 2009, at
5:30 p.m. or imme-
diately following the
Work Session, dur-
ing the Regular City
Council meeting to
be held in the City
Legal Notices
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-
465b
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.
4, J.W. HALE NO.
803 ADDITION, BE-
ING APPROXI-
MATELY 1.2 ACRES,
AND MORE FULLY
AND COMPLETELY
DESCRIBED IN EX-
HIBIT "A" FROM "S-
P-1" DETAILED SITE
PLAN - DISTRICT
WITH LIMITED "0-
1" OFFICE DISTRICT
USES, TO "S-P-1"
DETAILED SITE
PLAN DISTRICT
WITH LIMITED 0-
1" OFFICE DISTRICT
USES AS DEPICTED
ON TkE APPROVED
SITE PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT "B", SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
ORDINANCE, COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING THAT
THE PUBLIC INTER-
EST, MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
'HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER -
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
any
of
shall
E F-
erson, firm or
ration who vi-
51
neglects or
es to comply
or who resists
enforcement of