480-598 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -598 OFF1C ''
p
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 LOT 4, BLOCK
1, PECAN CREEK ADDITION, SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 2.25 ACRES AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
""0-1" OFFICE ZONING DISTRICT TO " P -2" GENERALIZED
SITE PLAN ZONING DISTRICT, AS EPICTED 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 "0-1" Office
Zoning 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 described as Lot 4, Block 1, Pecan Creek Addition, Southlake, Tarrant
County, Texas, being approximately 2.25 acres, and more fully and completely
described in Exhibit "A" from "0-1" Office Zoning District, to "S -P -2" Generalized
Site Plan Zoning District as depicted on the approved Concept Plan attached
hereto and incorporated herein as Exhibit "B," and subject to the following
conditions:
1. A fountain be provided in the pond to be developed;
2. A wrought iron fence be installed around the pond for safety purposes;
3. A wrought iron fence be installed along the southern property line
adjacent to Rockenbaugh Elementary School;
4. The parking spaces located southeast of the building be modified to
allow for a larger parking island;
5. Subject to Planning & Zoning Commissions recommendations made on
August 5, 2010; and
6. Subject to Concept Plan Review Summary No. 5, dated January 11,
2011.
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 17 day of August, 2010.
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ATTEST:
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CITY SECRETARY **
PASSED AND APPROVED on the 2nd reading the 18 day of January, 2011.
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OR
ATTEST: ,�` '�v�N:
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CITY SECRETARY 'v
,,,,,,••
APPROVED AS TO FORM AND LEGALITY:
CITY' TTORNEY
DATE: 1\51A
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ADOPTED: 1A4) J ae11
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EFFECTIVE: / d t I "1
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PROPOSED MATERIALS & ARCHITECTURE
itat BLAKE ARCHITECTS
1202 S. White Chapel Road • Suite A
Soutblake, Texas 76092 • 817 -488 -9397
January 18, 2011
Ref: Job #1037
Case Number: ZA10 -039
S -P -2 Zoning Request:
All requirements under the "0-1" Office Zoning District (Section 18) shall be followed
and met with the following exceptions:
1. Allow under Section 18.2 permitted uses a Daycare/Montessori School with
Private `K' program.
Thank You,
Roger (Skip) Blake
Mazhar Zia
3904 Oakmeadow Drive
Plano, TX 75093
July 30. 2010
Daniel Cortez
Planner 1
City of Southlake
1400 Main St.
Southlake, TX 76092
Daniel,
The proposed Montessori School will have a maximum enrollment of 108 students.
Staff including administration will not exceed 14 employees.
The School will accept children ages of six weeks to six years.
The hours of operation will be 7 am to 6 pm Monday through Friday. The business will
be closed on all federal holidays. The school will be open for business all year around.
The academic curriculum will be based on the Montessori philosophy. The school will
not compete with the public schools in Southlake. The children will graduate when they
reach the age to attend public elementary school.
Sincerely,
Ma Thar Zia
469 831 0333
R ECEg \VOICE
Star - Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 314023821
FORT WORTH, TX 76102 . �: B ' _ 5 2011
(817) 390 -7761 Invoice Date: 1/21/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
IF1GE OF CITY SECRETARY
Due Date: 1/31/2011
Bill To: PO Number: 21100072
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 31402382
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date 1/21/2011
C DI SN N AKF TEXAS oca tl n N 4 C ` D tb, Lm # � W R a t e : 4�3 ' .,A moun t
intin, AN
ORDINANCE 1,10, 40-598 98 � ,� , � . � , - ,, �_ p '"
ORDINANCE AME NDING ORpt
CITY OF T cOMPRE NSI E ma w N I3580 1 62 62 LINE $17.30 $1,072.64
ORDINANCE OF THE CITY OF
ZONIN SOUTHLAKE TEXAS; N
Sales Disc TRACT OR TRAS OF LAND ($976.62)
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING DESCRIBED AS LOT
Misc Fee 4, BLOCK 1, PECAN CREEK ADD!- $10.00
TION, SOUTHLAKE, TARRANT
COUNTY, 2 TEXAS, 5 BEING CES AND
MORE FULLY AND COMPLETELY
D I N EXHIBIT A FROM
" "OFFICE ZONING DISTRICT
TO SP Z' GENERALIZED SITE N e t Amount: $106.02
PLAN ZONING DISTRICT, AS DE- �� ►11111!1 /!!��
CE PICTED ON THE APPROVED CON- ;``\\ \ \ ..( L. • HO
CEPT PLAN ATTACHED HERETO
AND INCORPORATED HEREIN AS Cj • • •.
EXHIBIT B ", SUBJECT •TO THE � �Q , SPR Pu*.
SPECIFIC REQUIREMENTS CON
TAINED IN THIS ORDINANCE; V e • •
CORRECTING THE OFFICIAL ZON•' C 2 1 . 4 /**.
ING MAP; PRESERVING • ALL 0T##ER •
PORTIONS OF THE ZONING OR. ; d) i� co
DINANCE; DETERMINI THAT -9/1. �4vo. • LS THE PUBLIC INTEREST ?EMA `"
AND GENERAL WELFARE ND i •• •PIKE .
.•• •
THE ZONING CHANGES AND MM �i
THE STA AMENDMENTS HEREIN MADE; / ..
PROVIDING ALL B THAT E C THIS UMU L ATIV ORDI- E / %1111 '/ / v � -• 31 - ?
County o1 N
1\\\
OF ALL ORDINANCES; PROVIDING 11 1111111
Before rat A SEVE FOR PENH T FOR minty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
VIDING the Star -1 VIOLATIONS HEREOF; PROVIDING .legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the a A SAVINGS CATION I THE OFFI-
CLAUSEi4 PROVIDING nt was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 FOR PUBLI CIAL NEWSPAPER; AND PROVID ��
ING AN EFFECTIVE DATE.
Any person firm or corporation who Signed UJONG.....\
violates, disobeys, omits, neglects
SUBSCR refuses to comply with or who ME, THIS Tuesda Jan 2011.
resists the enforcement of any of Y. / /
the provisions of this ordinance /
shall be fined not more than Two
Thousand DollarsS ` ($2,000.00) for Notary Public L��. I. I �. -.A.-
each offense. Each day that a
violation is permitted to exist shall
constitute a separate offense.
PASSED DAY AND JANUARY 18, DURING
THE REGULAR CITY COUNCIL
MEETING.
MAYOR: John Terrell
Thank Y ST ry� B rooks, Interim City
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 314023821
Invoice Amount: $106.02
PO Number: 21100072
Amount Enclosed:
INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
SEP 2 2 2010
Bill To:
CITY OF SOUTHLAKE �I }
1400 MAIN STt t. -
STE 440
SOUTHLAKE, TX 76092-7604
Attn: Attn: ACCOUNTS PAYABLE
Customer ID:
CIT57
Invoice Number:
312049851
Invoice Date:
9/3/2010
Terms:
Net due in 21 days
Due Date:
9/30/2010
PO Number:
21000007-000
Order Number:
31204985
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
9/3/2010
CITY OF SOUTHLAKE Notice is he I3580 1 68 68 LINE $17.29 $1,175.96
Sales Discount ($1,069.68)
Misc Fee $10.00
Net Amount: $116.28
Ln
THE STATE OF TEXAS �*1 p1RES • • ♦♦��
County of Tarrant /,,3y - 1?�`���♦♦
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 publish eyhi+y the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501 � sk , T1_ a..., 1,
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Stpte#beiM, 2910.
Notary Public
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: 312049851
Invoice Amount: $116.28
PO Number: 21000007-000
Amount Enclosed:
tiTY�I�Q F LAKE
Notice is Council ofethe reby City ofiven bSo Southy the lake,
Texas, that a public hearing will be
held on September 21, 2010, at 5:30
p.rh. or immediately following the
Work Session, during the Regular
City Council meeting to be held in
the City Council Chambers of Town
Hall, 1400 Main Street, Southlake,
Texas. Purpose of the public hearing
is -to consider the second reading
of the following ordinance:
,N ORDINANCE AMENDING ORDI-
NANCE N0. 480, AS AMENDED,
THE COMPREHENSIVE ZONING
nr THE CITY OF
CHANGE ON A C
OR TRACTS OF
THE CITY OF SOUT
FULLY AND CONIPi.
'IBED IN EXHIBIT "A"
OFFICE
LED SITE S T PLAN DIS
PICTFD ON THE APPI
LUKKtI I INV Inc yr
ING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING OR-
DINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND
THE ZONING AND
AMENDMENTS HERE NES MADE;
ORDI-
NANCE PROVIDING SHALL E AT
HALLBCUMULATIVE
OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PRO-
VIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING
A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFI-
NGNEWSPAPER; AND
AN EFFECTIVE DATEPROVID-
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
cstittpermitted
sptofshall
constitute e aefense
'City of Southlake
Lori Payne '
City Secretary __