480-467CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-467
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 LOT 13, F. THROOP NO. 1511 ADDITION, BEING
APPROXIMATELY 0.88 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS"
COMMUNITY SERVICE 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 "CS" Community Service
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,
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 Lot 13, F. Throop No. 1511 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 6213, Plat Records,
Tarrant County, Texas, and being approximately 0.88 acres, and more fully and completely
described in Exhibit "A" from "CS" Community Service 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. Granting the variance to allow a driveway spacing of approximately 100 feet;
Page 3
2. Approving the development regulation to allow a 13 foot front setback;
3. Eliminating the day care use from the proposed "S-P-1" regulations.
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.
Page 4
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
Page 5
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 20th day of September, 2005.
MAYOR
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CITY SECRETARY e
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PASSED AND APPROVED on the 2nd reading the 41h day of October, 2005.
MAYOR
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Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: /0 - Dq- p6
EFFECTIVE: I D. 07- 05
Page 7
EXHIBIT "A"
Being a portion of Lot 13, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 6213, Plat Records, Tarrant County, Texas, and
being approximately 0.88 acres.
COMMENCING at a %2 inch iron rod found in the easterly R-O-W line of North Carroll Ave., and being the
northwest corner of Lot 13, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 6213, Plat Records, Tarrant County, Texas.
THENCE S 000 10' 41" E, along the easterly R-O-W line of North Carroll Ave. to %2 inch iron rod set and
being the POINT OF BEGINNING;
BEGINNING at a Landes & Assoc %2 inch iron rod set in the easterly R-O-W line of North Carroll Ave., and
being the northwest corner of the proposed Lot 13R2, F. Throop No. 1511 Addition;
THENCE S 890 21' 00" E, along the north line 220.04 feet to a %2 inch iron rod set;
THENCE S 000 09' 48" E, along the east line 175.00 feet to a''/2 inch iron rod set in the northerly R-O-W line
of East Highland St.;
THENCE N 890 21' 00" W, along the south line and the northerly R-O-W line of East Highland St. 220.00
feet to a %2 inch iron rod set, also being the intersection of the easterly line of North Carroll Ave.;
THENCE N 00010' 41" W, along the west line and the easterly R-O-W line of North Carroll Ave. 175.00 feet
to the POINT OF BEGINNING and containing 0.88 acres of land.
Page 8
EXHIBIT "B"
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Page 9
ZONING CASE NUMBER ZA 05-079
Proposed Permitted Uses and Development Regulations for "S-P-l" with limited "0-1" Zoning
Permitted U,es
This property shall bi-, limited to the permitted use, as found in the "04" Office District as
described in Section 18 of the Comprehensive Zoning Ordinance No. 480 as amended.
Add day-care use as described in "0-2" zoning,
Development Regulations
This property shall be subject to the development regulations for the "0- 1" Office District, and
all other applicable regulations with the follo,"ring exceptions:
1. Existing building intrudes into 30' setback on south property line (at East Highland). No
change proposed to existing building. No additional work- propo, sed in the setback.
2. Existing driveway intrudes on 150' minimum from R.O.W. intersection at N. Carroll
Avenue. Existing drive is approximately 1001 and relocation of drive to 15W would
require removal of 4-5 existing trees including a significant 28" caliper Post Oak. No
change proposed.
Multi use trail on North Carroll is existing 6' wide concrete. No change proposed.
4. Existing concrete drainage flume intrudes on 5' buffer and R,O.W, on south property line.
No change proposed.
in
REAP" ' I "N "' -
Page 10
INVOICE
Draft only
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
RECEIVED
Invoice Number:
261436511
FORT WORTH, TX 76102
Invoice Date:
10/7/05
(817) 390-7761
Federal Tax ID 22-3148254
OCT 1 g 2j
Terms:
Net due in 21 days
Due Date:
10/31/05
Bill To:
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
PO Number:
42599
Order Number:
26143651
1400 MAIN ST
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
CITY OF SOUTH- -
Publication Date
10/7/05
Attn Attn: ACCOUNTS PAYABLE
LLqq
ORDINANW� NO.
D0SCr1 tlOIl
P
480 487
AN ORDINANCE
AMENDING ORDI-
CITY OF SOUTHLAKE ORDINANCE
NO
NANCE NO. 480 AS
1 AME p°o =b_ fiHE 109
109 LINE
$0.81 $88.29
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said Coun
for the Star -Telegram, published by the Star-TeIE
depose and say that the attached clipping of c
LEGAL DEPT. STAR TLEGRAM
(817) 390-7320
SUBSCRIBED AND SWORN TO BEFORE ME, THIS T
Thank You For Your Payment
-----------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 761
Net Amount: $88.29
personally appeared Lisa Wesselman, Bid and Legal Coordinator
Irth, in Tarrant County, Texas; and who, after being duly sworn, did
s p lished in the abovR named paper on the listed dates: BIDS &
CuKu���o��.,,,�,
2005.
tin Cell
'_ I ION 7.
Any person, firm or
corporation who vio-
lates, disobeys, omits,
neglects or refuses to
comply with or who Customer ID:
resists the enforce-
ment of any of the
d nanc shall belfinod Customer Name:
riot more than Two
Thousand Dollars
c$2.000.001 for each Invoice Number:
offense. Each day that
a violation is permitted
to exist shall consti- Invoice Amount:
tute a separate of-
fense.E
PASSD AND AP- PO Number:
4thODAYD OF tOCTO
BEE, EGG DURING Amount Enclosed
THE REGULAR CITY
COUNCIL MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Farwell,
City Secretary
Q:1 a 0
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1
sfgTF OE �� •.
'� ''•. EXPI���•Z),
CIT57
CITY OF SOUTHLAKE
261436511
$88.29
42599
INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
RECEIVED
OCT 1 7 2005
Bill To:
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
CITY OF SOUTHLAKE Notice is he
THE STATE OF'
County of Tarran
Before me, a Not
for the Star-Teleg
that the attached
(8171 390-732
SUBSCRIBED AT
I3580 1 122
Any person, firm or
corporation who vio-
lates, disobeys, omits,
neglects or nfusea 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.
City of Southlake
Lo Farwell
City Secretary
Customer ID:
CIT57
Invoice Number:
260633091
Invoice Date:
9/18/05
Terms:
Net due in 21 days
Due Date:
9/30/05
PO Number:
42580
Order Number:
26063309
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
9/18/05
122 LINE $1.34 $163.48
Net Amount:
CHRISTY L. HOLLAND
My COMMISSION EXPIRES
4}' irr July 31, 2008
$163.48
day personally appeared Lisa Wesselman, Bid and Legal Coordinator
t Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ie above named paper on the listed dates: �DS at LEGAL DEPT. STAR TLEGRAM
1 I I
Notary Public
2005.
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
CIT57
Customer Name:
CITY OF SOUTHLAKE
Invoice Number:
260633091
Invoice Amount:
$163.48
PO Number:
42580
Amount Enclosed:$