480-460CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO.480-460
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 A
PORTION OF TRACT 6K1, SITUATED IN THE J.H. FREEMAN
SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 0.914
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-
1" DETAILED SITE PLAN DISTRICT WITH "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 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 "I- I" Light Industrial District
under the City's Comprehensive Zoning Ordinance; and
Page 1
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,
Page 2
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 a portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529, being
approximately 0.914 acres, and more fully and completely described in Exhibit "A" from "I-1"
Light Industrial District to "S-P-1" Detailed Site Plan District with "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. Approving that the proposed permitted uses will be for business and/or professional
type offices providing services (similar to Accounting and tax services, Real Estate
developer, Architecture, Business corporate headquarters, Investment services,
Page 3
Computer and Management services, Engineering and the like);
2. Approving the proposed regulation that the building shall have a maximum of 1,000
square feet used for office space;
3. Approving the proposed regulation that the remaining area of the building (5,250
square feet) shall be used for storage and limited to office and household use products
only;
4. Approving the proposed regulation that the building shall not be subdivided into
individual lease or tenant spaces;
5. Approving the proposed regulation that the required setback from the west property
line shall be ten (10) feet;
6. Approving the proposed regulation that a 6-foot screening device shall be provided on
all sides adjacent to residential properties and as shown on the site plan;
7. Approving the proposed regulation that the maximum number of parking spaces shall
be 8 spaces;
8. Approving the proposed regulation that the building shall be exempt from fagade
articulation requirements;
9. Approving the proposed regulation that synthetic stucco shall be a permitted masonry
material for up to 100% of the building.
10. Subject to the Planning & Zoning Commission's recommendations of:
a. specifically noting that no trash dumpster and enclosure are shown on the site;
b. the impervious coverage of the area is 44%;
c. subjecting the zoning to the list of proposed permitted uses and development regulations
submitted and labeled as Attachment C, Page 5, of the staff report, with the following
changes:
i. the property as permitted will be limited to the 0-1 Office District use that allows
business corporate headquarters when used for office purposes only;
ii. the required number of parking spaces for the site shall be limited to 8;
iii. and, the allowable storage in the storage area in the facility will be limited to
household and office related type storage items only.
11. Subject to the City Council's recommendations at first reading of:
a. the recommendations of the Planning and Zoning Commission;
b. fence to end at the building line;
c. uses and regulations as presented;
d. screen building with plant material;
e. and provide a wrought iron gate at the entry.
12. Changing the note that states "screen building with plant material" to include evergreen
Page 4
material that will be 5' to 6' at planting with approximate 10' centers;
13. Subject to the following comments on Concept Plan Review Summary No. 3, dated June 3,
2005:
a. Show the location of trash dumpster and enclosure. Enclosure must be minimum 8'
masonry screen similar to principal structure with a metal gate. Dumpster pad and
enclosure does not have to be constructed unless trash pickup demand warrants the need
for one;
b. Show the approximate 65 LDN contour line.
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
Page 5
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
Page 6
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 21't day of June, 2005.
YOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 19th day of July, 2005.
off pt �,`•`anOTHLq'•,, MAYOR
0• •�:
Cl)
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r3rrrnuaataa
ATTEST:
- a4."!�W
CITY SECRETARY
Page 7
APPROVED AS TO FORM AND LEGALITY:
U�
CITY ATTORNEY
DATE: % �d by
ADOPTED: • 7,1016
EFFECTIVE:
Page 8
EXHIBIT "A"
Being a portion of Tract 6KI, situated in the J.H. Freeman Survey, Abstract No. 529, being approximately
0.914 acres:
LEGAL DESCRIPTION
BEING a tract of land situated in the JOHN H. FREEMAN SURVEY, ABSTRACT NO. 529, City of
Southlake, Tarrant County, Texas, according to the deed recorded in Volume 15668, Page 220,
Deed Records, Tarrant County, Texas and being more particularly described as follows:
BEGINNING at a point in the south line of a tract of land described in deed to Wayne K. Lee,
recorded in Volume 7953, Page 2209, Deed Records , Tarrant County, Texas;
THENCE, north 89 degrees 01 minutes 23 seconds east with the south line of said Lee tract a
distance of 239.54 feet to a Y2 inch iron rod found with a plastic stamped "JDJR"in the west line
of Lot 1, Block A. Entek Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 308-206, Page 15, Plat Records, Tarrant County,
Texas;
THENCE, south 00 degrees 01 minute 14 seconds west with said west line of Lot 1, Block A,
Entek Addition, a distance of 135.92 feet to a point for comer;
THENCE, south 00 degrees 58 minutes 37 seconds east a distance of 164.23 feet to a point for comer;
THENCE, north 89 degrees 58 minutes 46 seconds west a distance of 10.00 feet to a point for comer;
THENCE, along a curve to the right with a radius of 100.00 feet a distance of 45.12 feet to a point for a
comer;
THENCE, along a curve to the right with a radius of 150.00 feet a distance of 5.76 feet to a point for a comer;
THENCE, north 56 degrees 25 minutes 18 seconds east a distance of 16.16 feet to a point for comer;
THENCE, north 00 degrees 58 minutes 37 seconds west a distance of 273.02 feet to the PLACE
OF BEGINNING.
Containing a computed area of 39,796 square feet or 0.914 acres of land.
Page 9
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Front Elevation
Side Elevation (East)
Page 11
Page 12
Front Elevation
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Page 13
May 23, 2005
City of Southlake
Planning and Zoning
Southlake, Texas
Re: Miracle Pointe
Proposed Permitted Uses and Development Regulations for SP1 Zoning
Permitted Uses
This property is ideally located to create a transitional area between commercial and residential
development.
This property shall include all of the permitted uses as found in the "0-1" Office District as described in
Section 18 of the Comprehensive Zoning Ordinance No. 480, as amended.
The main use will be for a maximum 1,000 square feet of business and/or professional nature office space
and 5,250 square feet of storage for non -hazardous, non -noxious materials.
Development Regulations
This property shall be subject to the development regulations for the "O-l" Office District, and all other
applicable regulations with the following exceptions:
Side Yard Setback: On the West side of the building on Lot 12, the required setback shall be a ten (10)
feet side yard.
Screening: A 6' screening devise (i.e., fence) shall be provided on all sides of Lot 12 adjacent to
residential properties, as shown on the site plan.
Parking: The required number of parking spaces for the site shall be 13 spaces.
The building on lot 12 will be within 400 feet of single family residential properties. In addition to the
development regulations applicable to the zoning district "01", the development regulations in Section
43, Part III Residential Adjacency Standards, shall also apply except for the following:
• Fagade Articulation: The existing building is 18.5' in height and 125' in length. The fagade of the
building is flat for the entire length of the building.
• Masonry: Synthetic stucco shall be a permitted masonry material for up to 100% of the building.
Page 14
INVOICE
Star-Telegram
Customer ID:
CIT57
400 W. 7TH STREET
RECEIVED Invoice Number:
258232001
FORT WORTH, TX 76102
Invoice Date:
7/22/05
(817) 390-7761
Federal Tax ID 22-3148254
AUG - 1 2005 Terms:
Net due in 21 days
Due Date:
7/31/05
Bill To:
N O Number:
OF CITY SECRETART
40196
CITY OF SOUTHLAKE
OFFICE 1
Order Number:
25823200
1400 MAIN ST
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
7/22/05
.Attn .Ann: ACCOUNTS PAYABLE
Description
Location Col Depth Linalle MU
Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO 13,580 1 1 1 1 1 1 1 LINE $0.81 $89.91
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Publi(
for the Star -Telegram, pub
that the attached clipping <
(817) 390-7320
SUBSCRIBED AND SWO
Thank You For YI
Remit To: Star-Te
P.O. B,
FORT
SECTION 7.
Any person, firm or
corporation who vio-
lates, disobeys, omits.
Net Amount• $89.91
'
neglects or refuses to
comply with or who
resists the enforce-
ment of any of the
of this or-
provisions
inance 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 consti-
tute a separate of-
fense.
PASSED AND AP-
PROVED THIS THE
19th DAY OF JULY
2005 DURING THE
REGULAR CITY
COUNCIL MEETING.
MAYOR: Andy
- -
Wambsganss
ATTEST: Lori Farwell,
CHRISTYL.HOLLAND
City Secretary
R.
MY COMMISSION EXPIRES
July 31, 2008
( and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
;ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
published in the above named paper on the listed dates: BIDS a LEGAL DEPT. STAR TLEGRAM
Signed
-HIS San
Notar)
A 01-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT57
CITY OF SOUTHLAKE
258232001
$89.91
40196
INVOICE
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
257502881
FORT WORTH, TX 76102
390-7761
�,�
Invoice Date:
7/2/05
(817)
Federal Tax [D 22-3148254
Terms:
Net due in 21 days
JUL 2 1
Due Date:
7/31 /05
Bill To:
�
i
PO Number:
40179
CITY OF SOUTHLAKE
1400 MAIN ST
OFFICE OF CITY SECRETARY
Order Number:
25750288
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
7/2/05
Attn Attn: ACCOUNTS PAYARI_F.
:Description
Location Col Depth
Linage , MU
Rate Amount
CITY OF SOUTHLAKE Notice is he
i
THE STATE C
County of Tare
Before me, a N
for the Star -Tel
that the attache
(817) 390-73
SUBSCRIBED A
13580 1 124 124 LINE $0.81 $100.44
Net Amount:
rirm or
,ho vio-
ius stio
CHRISTY L. HOLLAND
or who
_'*; *'
MY COMMISSION EXPIRES
anforce-
of the
%
July 31, 2008
ths or -
rr
;
�)k,,
beifined
$100.44
a violation is permitted
to exist shall consti- .
tuts a separate of -,Is day personally appeared Lisa Wesselman, Bid and Legal Coordinator
tense.
CI% of Southlake ort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
L.
Farwell
the abov named paper on the li ed dates: BIDS & LEGAL DEPT. STAR TLEGRAM
Signed
RE ME, THIS Wednesday, ] 0 2 5.
Notary Public
.�
HEREIN ASr, E.XHIBIT"T�
SUBJECT You THE SCIC
RE-
QUIREMENTS CON-
_...y.y..y._. _..y . TAINED IN THIS — ,................. — — ._........ _,. — ._._.....— — _....-.._...._... ,_..._,.._.,. _....._... _.........., — _ — — — —
ORDINANCE; COR-
RECTING THE OF-
FICIAL ZONING
MAP; PRESERVNG
ALL OTHER POR-
TIONS OF THE
Remit To: NAANCE DETER- Customer ID: CIT57
MINING THAT THE
1 v6LwAi�T� 1 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 257502881
Invoice Amount: $100.44
PO Number: 40179
Amount Enclosed: $ 1