480-465aCITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO.480-465a
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 TRACT
2A, SITUATED IN THE J.W. HALE SURVEY, ABSTRACT NO.803,
BEING APPROXIMATELY 1.2 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-20A"
SINGLE FAMILY RESIDENTIAL DISTRICT 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",
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 Xl, 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 "SF-20A" Single Family
Residential District under the City's Comprehensive Zoning Ordinance; and
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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,
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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 Tract 2A, situated in the J.W. Hale Survey, Abstract No. 803, being approximately 1.2
acres, and more fully and completely described in Exhibit "A" from "SF-20A" Single Family
Residential District 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;
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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. Approving the development regulation that all medical uses that would require one
space per 150 square feet are eliminated due to parking ratio;
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, medical office, 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
b fiek veneers 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;
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;
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17. Subject to the following comments on Site Plan Review Summary No. 3, dated July
15, 2005:
a. Show the property lines on the properties across E. Continental Blvd and S.
Carroll Ave.
b. Label the width of the R.O.W. for both E. Continental Blvd and S. Carroll Ave.
The R.O.W. widths labeled are incorrect.
c. Show and label all existing easements on or adjacent to the site.
d. Label the width of the multi use trail along E. Continental Blvd. The required
width is 8' .
Label the location of the proposed site walls along the north and east property
lines.
18. Subject to the submission made tonight with respect to the front door and to the
walkway and including the landscape plan as shown tonight.
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
Page 5
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,
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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 19th day of September, 2006.
ATTEST:
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CITY SECRET •co
Page 7
4
PASSED AND APPROVED on the 2nd reading thefi6 day of October, 2006.
ATTEST:
P
- A C' t - CITY SECRETAR
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: 0
ADOPTED: /0 -03 - N ,
EFFECTIVE: /d- 06 -06
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Page 8
EXHIBIT "A"
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1&ZLAKE ARCHITECTS
1202 S. White Chapel Road Suite A
Southlake, Texas 76092 817488-9397
July 5, 2005
City of Southlake
Site :Flan ZA05-062
Offices at Noble Oaks
East Continental Boulevard
Proposed Permitted Uses and Development Regulations for "S-P-1" Zoning
Permitted Uses
This property shall be limited to the permitted uses as found in the "O-1" Office District
as described in Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended.
1. Walk-up only Banking. (Drive-thru not permissible.)
2. All. Medical uses that would require one space per 150 square feet are eliminated due
to parking ratio.
Development Regulations
This property shall be subject to the developmentregulations for the "0-1" Office
District, and all other applicable regulations with the following exceptions:
1 _ The setback Line from single-family residential property shall be eighty- feet and the
Building height shall be allowed to encroach above the 4 to 1 slope line by twelve feet
at this point.
Page 18
Star -Telegram
INVOICE
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
RECEIVED
OCT 1
Bill To: OFFICE OF C Ty SECRETA n
CITY OF SOUTHLAKE
1400 MAIN ST Notiai
by tt
STE 440 Teexa
SOUTHLAKE, TX 76092-7604 hear
on <
at 5
Attn BOBBIE .. MONTGOMERY
Description Location
CITY OF SOUTHLAKE Notice is he 13580
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and St
for the Star -Telegram, published by the Star -Telegram, In(,
depose and say that the attached clipping of an advert
LEGAL DEPT. STAR TELEGRAM
(817) 390-7320
Signed_
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesdo
Notary Put
Thank You For Your Payment
— — — — — — — — — — — — — — — — — — — — -
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
I
n
Customer ID: CIT57
Invoice Number: 275172751
Invoice Date:
9/24/06
Terms:
Net due in 21 days
Due Date:
9/30/06
PO Number:
NO PO
Order Number:
27517275
ven
`'Cef
blic
Sales Rep:
073
os
—
Description:
CITY OF SOUTHLA
ing
=
Publication Dates: 9/21/06 - 9/24/06
.ing
ia
Linage MU
Rate Amount
ke.
the
;�d
123 LINE
$0.42 $102.88
Net Amount: S102.88
CHAIM L. HOLLAN0
a.!'V MY COMMISSION txP,a.
_Ily a eared Lisa Wesselman, Bid and Legal Coordinator
f,r nt unty, Texas; a d who, after being duly sworn, did
i in h above namft paper on the listed dates: BIDS &
'°��' I I
CES.;
THE OFFICIAL- ID:
PROVIDINGANID-
NEWSPAPER' AND DATE.
SECTION 7. Name:
Any person, firm or
corporation who vio-
lates, disobeys, omits, f umber:
neglects or refuses to
comply with or who
resists the enforce-�Lmount:
ment of any of the
provisions of this or-
dinance shall be finedber:
not more than Two
Thousand Dollars
offense. Each day thatEriClOSed:
a violation Is permitted
to exist shall consti-
tute a separate of -
tense.
l�
CIT57
CITY OF SOUTHLAKE
275172751
$102.88
NO PO
City of Southlake
Lori Farwell
City Secretary