480-464CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO.480-464
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,
PECAN CREEK ADDITION AND PORTIONS OF THE PREVIOUSLY
EXISTING DILG PLACE, BEING 4.35 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1"
OFFICE 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 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 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 Lot 2, Pecan Creek Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 8248, Plat Records, Tarrant County,
Texas, and portions of the previously existing Dilg Place, being approximately 4.35 acres, and
more fully and completely described in Exhibit "A" from "O-1" Office District to "S-P-l"
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:
Page 3
1. Approving that the proposed permitted office uses on the site shall include: Chiropractors;
Dentists; Optometrists; Other offices of a business and/or professional nature providing medical
services not including the retail sale, fabrication, manufacture or production of goods or
merchandise; Physicians; Podiatrists; Psychiatrists; Psychologists; and Physical Therapist Offices.
2. Approving that the permitted Community Facility Uses shall include: Public, semi-public and
private parks; and Recreation and open space to include playgrounds, parkways, greenbelts, ponds
and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridal trails, nature center,
and bird and wildlife sanctuaries.
3. Approving that incidental use such as Pharmacy must be incidental to the principal use and shall
not occupy more than 15% of the floor area of the building.
4. Approving the proposed regulation that the required parking shall 204 spaces for the site.
5. Approving the proposed regulation that the required building setback along Zena Rucker Road
shall be 15 feet.
6. Granting the requested stacking variance for the drives on Zena Rucker Road, noting however, that
there is no on -street parking allowed on Zena Rucker Road.
7. Requiring the applicant to retain the natural vegetation along the creek that's on the property as
much as possible as the on -site creek is identified as a preservation area on Southlake's
environmental resource protection map.
8. Subject to the understanding that prior to the issuance of a Certificate of Occupancy there will be
written proof of a perpetual cross parking agreement between this applicant and the adjacent
property owners as specified by staff,
9. Subject to the following comments on Site Plan Review Summary No. 4, dated August 31, 2005:
1. Label the property owner's name on all adjacent properties.
2. Revise the "S-P-l" letter to provide a development regulation proposing the 15' building
setback line from the Zena Rucker Road R.O.W. line.
3. Revise the development regulation in the "S-P-1" letter to identify a total of 204 spaces
required for the site.
4. Correctly dimension the width and depth of all points of ingress/egress to the site.
5. Label the width and type of paving for all sidewalks and trails.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Page 4
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
Page 5
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.
Page 6
PASSED AND APPROVED on the Ist reading the 6ch day of September, 2005.
MAYOR
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PASSED AND APPROVED on the 2nd reading the 20th day of September, 2005.
` Qlllos ""y MAYOR v
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ATTEST:
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CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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DATE:
ADOPTED: g-ZD -OJ
EFFECTIVE: q-Zg-m
Page 7
EXHIBIT "A"
Being Lot 2, Pecan Creek Addition, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet A, Slide 8248, Plat Records, Tarrant County, Texas, and portions of the
previously existing Dilg Place, being approximately 4.35 acres.
Baylor Medical Office Building
LEGAL DESCRIPTION
WHEREAS, Eliot House (Drews) Partners I, L.P., acting by and through the undersigned, its duly authorized
agent, is the sole owner of a tract of land situated in the City of Southlake, Tarrant County, Texas out of the
O.W. Knight Survey, Abstract No. 899, and being all of Lot 2, Block 1, Pecan Creek, according to the plat
thereof recorded in Cabinet A, Slide 8248, Plat Records, Tarrant County, Texas, and being the remainder of the
property conveyed to Eliot House (brews) Partners 1, L.P. according to the deeds recorded in Volume 15194,
Page 464, and Volume 15194, Page 466, Deed Records, Tarrant County and being more particularly described
by metes and bounds as follows:
BEGINNING at an "X" set in concrete at the northwest corner of said Lot 2, the northeast corner of Lot 1,
Block 1, of said Pecan Creek, and lying in the southerly right-of-way line of Southlake Blvd. (F.M. 1709)
(variable -width right-of-way);
THENCE, along said southerly right-of-way line, North 89 degrees, 34 minutes, 26 seconds East, a distance of
1.53 feet to an "X" set in concrete;
THENCE, continuing along said southerly right-of-way line, North 87 degrees, 39 minutes, 54 seconds East, a
distance of 1.03.32 feet to a 1/2" iron rod found with plastic cap stamped `Bury & Pittman", the northeast corner
of said Lot 2, the northwest comer of Lot 9, O.W. Knight No. 899 Addition according to the plat thereof
recorded in Cabinet A, Slide 4650, Plat Records, Tarrant County, Texas;
THENCE, departing said southerly right-of-way line, and along the common line of said Lot 2 and Lot 9, South
18 degrees, 20 minutes, 13 seconds East, passing the southeast corner of said Lot 2, at 404.07 feet, and
continuing along the west line of said Lot 9 a total distance of 533.69 feet to a 5/8" iron rod set with red plastic
cap stamped "R.P.L.S. 5199";
THENCE, continuing along said west line, South 00 degrees, 24 minutes, 37 seconds East, a distance of 295.36
feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199", the northeast corner of Proposed Zena
Rucker Road (a proposed 60' right-of-way);
THENCE, along the north line of said Proposed Zena Rucker Road, North 88 degrees, 58 minutes, 38 seconds
West, a distance of 234.77 feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199", the
beginning of a curve to the right;
THENCE, along said curve to the right through a central angle of 26 degrees, I 1 minutes, l I seconds, a radius
of 370.00 feet, an arc length of 169.1.0 feet, a chord bearing of North 75 degrees, 53 minutes, 02 seconds West,
a chord distance of 167.64 feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199"
THENCE, continuing along said north line, North 62 degrees, 47 minutes, 27 seconds West, a distance of 58.71
feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199", lying in the east line of Lot 2R., Block
60, Timarron Addition, Phase 5, according to the plat thereof recorded in Cabinet A, Slide 4395, Plat Records,
Tarrant County, Texas;
Page 8
THENCE, along the east line of said Lot 2R, North 01 degrees, 01 minutes, 22 seconds East, a distance of
131.48 feet to a 5/8" iron rod found with plastic cap stamped `Bury & Partners", the southwest corner of Lot 3,
Block 1, Pecan Creek, according to the plat thereof recorded in Cabinet A, Slide 8521, Plat Records, Tarrant
County, Texas, Block 1;
THENCE, along the south line of said Lot 3, East, a distance of 182.53 feet to an "X" set in concrete, the
southeast corner of said Lot 3;
THENCE, along the east line of said Lot 3, North, a distance of 205.80 feet to an "X" set in concrete, the
beginning of a curve to the right;
THENCE, along said east line, and along the common line of said Lot 1 and Lot 2, Block 1, and along said
curve to the right through a central angle of 19 degrees, 20 minutes, 31 seconds, a radius of 100.00 feet, an are
length of 33.76 feet, a chord bearing of North 09 degrees, 40 minutes, 15 seconds East, a chord distance of
33.60 feet to an "X" set in concrete, the end of said curve;
THENCE; continuing along the common line of said Lot 1 and Lot 2, North 19 degrees, 20 minutes, 31
seconds, East, a distance of 117.12 feet to an "X" set in concrete, the beginning of a curve to the left;
THENCE, continuing along said common line, and along said curve to the left through a central angle of 46
degrees, 57 minutes, 47 seconds, a radius of 152.00 feet, an arc length of 124.59 feet, a chord bearing of North
04 degrees, 08 minutes, 22 seconds West, a chord distance of 121.13 feet to an "X" set in concrete, the end of
said curve;
THENCE, continuing along said common line, North 27 degrees, 37 minutes, 16 seconds, West, a distance of
79.49 feet to an "X" set in concrete, the beginning of a curve to the right;
THENCE, continuing along said cominon line, and along said curve to the right through a central angle of 26
degrees, 21 minutes; 28 seconds, a radius of 75.00 feet, an arc length of 34.50 feet, a chord hearing of North 14
degrees, 26 minutes, 32 seconds West, a chord distance of 34.20 feet to an "X" set in concrete, the end of said
curve;
THENCE, continuing along said common line, North 01 degrees, 15 minutes, 48 seconds West, a distance of 20.55 feet to
the POINT OF BEGINNI.NG, and containing 189,623 square feet or 4.3532 acres of land, more or less.
Page 9
EXHIBIT "B"
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"S-P-I" Generalized Site Plan District
for
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No.
480, as amended, as it pertains to the "0-1."
Office District uses and regulations with the following exceptions:
Permitted Uses
The permitted uses shall be limited to the following:
a. Office Uses
1. Chiropractors;
2. Dentists;
3. Optometrists;
4. Other offices of a business and/or professional nature providing medical
services not including the retail sale, fabrication, manufacture or production
of goods or merchandise.
5. Physicians;
6. Podiatrists;
7. Psychiatrists;
8. Psychologists;
9. Physical Therapist Office
b. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space to include playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian
bridal trails, nature centers, and bird and wildlife sanctuaries;
C. Incidental Uses
1. Incidental use such as Pharmacy must be incidental to the principal use and shall
not occupy more than 15% of the floor area of the building.
Development Regulations:
amm Parking Requirement of 1 space per 200 Gross Square Feet of building area.
Page 15
INVOICE
Draft C1ttij'?
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
RECEIVED
OCT 1 7 M
Bill To:
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS PAYABLI=
CITY OF SOUTHLAKE ORDINANCE IN
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said
for the Star -Telegram, published by the Stc
depose and say that the attached clippin
LEGAL DEPT. STAR TLEGRAM
(817) 390-7320
SUBSCRIBED AND SWORN TO BEFORE ME, 1
Thank You For Your Payment
----------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX
fates, disobeys, omits,
neglects or refuses to
comply with or who
resists the enforce-
ment of any of the
provisions of this or-
dinance 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
20thh DAY OF SEP-
TE,%B►�EpR,THE 2005,
E 5,
ULAR CpIINAndy
�Y:ETL orI Farwell,
ffrg
ycrblery
Customer ID:
CIT57
Invoice Number:
260840321
Invoice Date:
9/23/05
Terms:
Net due in 21 days
Due Date:
9/30/05
PO Number:
42587
Order Number:
26084032
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
9/23/05
Col Depth Linage MU Rate Amount
1 110 110 LINE $0.81 $89.10
Net Amount: $89.10
CHRIST! L. HOLLAND
MY COMMISSION EXPIRES
Jury 31, 2008
s day personally appeared Lisa Wesselman, Bid and legal Coordinator
rt Worth, in Tarrant County, Texas; and who, after being duly sworn, did
t was,published in the above named paper on the listed dates: BIDS &
��EAW"
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT57
CITY OF SOUTHLAKE
260840321
$89.10
42587