480-617 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-617
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, H. GRANBERRY NO. 581 ADDITION,
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 0.959 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1"
OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN
DISTRICT, 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,
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, H. Granberry No. 581 Addition, Southlake,
Tarrant County, Texas being approximately 0.959 acres, and more fully
and completely described in Exhibit "A" from "0-1" Office Zoning District,
to "S -P -1" Detailed Site Plan Zoning District as depicted on the approved
Site Plan attached hereto and incorporated herein as Exhibit "B," and
subject to the following conditions:
1. Reduce the minimum driveway separation along S. White Chapel Blvd.
from 250' to 70'.
2. Reduce the minimum stacking depth from 70' to 30'.
3. Require an access easement to the property to the north.
4. Until Phase 2 improvements have been completed, the applicant will
install turf and irrigation on the Phase 2 pad site.
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
Tight 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, fimi 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 in its entirety on the City website together with a notice setting out
the time and place for a public hearing thereon at least ten (10) days before the second
reading of this ordinance, and if this ordinance provides for the imposition of any
penalty, fine or forfeiture of 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.
EXHIBIT "A"
Being on property described as:
LOT 4, H. GRANBERRY NO. 581 ADDITION, SOUTHLAKE, TARRANT COUNTY,
TEXAS
EXHIBIT "B"
I B 1 A 1 � ARCHITECTS
1202 S. White Chapel Road • Suite A
Southlake, Texas 76092 • 817 -488 -9397
March 22, 2012
City of Southlake
Site Plan ZAI2 -009
Dr. Moayyad Medical Office Building
190 South White Chapel Blvd.
Southlake, Texas 76092
Phase One The existing building and existing 33 space parking lot shall remain as is.
SP-1 Zoning Request:
All requirements stated per the City of Southlake Zoning Ordinance ender Section 18
"0-1" Office District shall be followed and met with the exceptions as Billows:
18.2 Peunitted Uses:
c. dance schools and similar uses (Phase One
d. Nutritional Cooking classes. Phase Three addition to existing burg.
18.5 Development Regulations:
d. Rear Yard: There shall be a rear yard of not less than nineteen feet due to
existing plat of eadsdng building.
e S An agreement shall be entered into between the Owner of this
property and the adjacent residential lot to the south requiring the maintenance of
the existing eight foot tall wood fence by this commercial property owner. The
remaining south property line fencing shall be four foot tall wrought iron fence to
match the existing fencing on the residential developmentpt+operty around the
existimg pond.
Note: The permitted use as described above requires the 2,366 square foot building to
have 1 parking space per 200 square feet of building after the initial eight spaces for the
first 1,000 square feet for a total of fifteen spaces required. The existing number of
parking spaces exceeds this with 33 total current spaces
Phase Two: The new site walk inclusive of new paved parking, sidewalk along S. White
Chapel Blvd, site utilities, landscaping, etc. shall be constructed. Pad sites shall be
developed for the future addition to the existing building and the future 3,700 square foot
building.
Phase Three: The owner shall construct the addition to the existing building or the new
Medical Office Building or both.
Roger (Skip)
(44) Blake"
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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 3rd day of April, 2012.
/0 40
MA OR
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ATTEST: . ,eeosee,,0 • � J•,o
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C ITY SECRETARY R;a
PASSED AND APPROVED on the 2nd reading thei day of May, 2012.
gio
MAYOR
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ATTEST: So,,,. ®,.4
VOJ.441) ,k e ,°�F'�.,�,
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CITY SECRETARY � = '••..eoeeo• °' /
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY �,:
DATE: A w,-F a 1, 'a 6 I a,
ADOPTED: 7116, I a.ol �.
EFFECTIVE: 7 I, aoi a-.
INVOICE MAY I 0 2012
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 321217971
FORT WORTH, TX 76102
(817) 390 -7761 RECEIVED Invoice Date: 5/5/2012
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To: !,A r ti' � ,
Due Date: 5/31/2012
PO Number: 21200238
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 32121797
STE 440 OFFICE OF CITY SECRETARY Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 5/5/2012
1 rl e t ,94,_„,,,,,„,, 3 _ , Location Col Depth Linage MU Rate Amount
ORDINANCE SOUTHLAKE 67
CITY OF AN ORDINANCE AMENDING ORDI- , NO 13580 1 59 59 LINE $17.30 $1,020.98
NANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING
Sales Disc ORDINANCE OF THE CITY OF ($930.09)
SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN
TRACT TRACTS OF LAND
Misc Fee WITHIN TOR
E CITY OF SOUTHLAKE, $10.00
TEXAS BEING DESCRIBED AS LOT
4, H. GRANBERRY NO. 581 ADDI-
TION, SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING AP-
PROXIMATELY 0.959 ACRES AND
MORE FULLY AND COMPLETELY N Amount: o1111111//
i $100.89
DESCRIBED IN EXHIBIT "A" FROM ``N.‘�'
"0-1" DETAILED IC SITE S PLAN TO DISTRICT, \��`` • .. L . .. !, �
AS DEPICTED ON THE APPROVED ..st •• P •
Y P • .'�q_�
SITE PLAN ATTACHED HERETO • 9 .•
AND INCORPORATED HEREIN AS *0..0 • G• Q S
EXHIBIT "B ", SUBJECT TO THE • 2 ` 4 o •• r
SPECIFIC REQUIREMENTS CON- -• • :Iki
TAINED IN THIS ORDINANCE; = • d>. iN - •
CORRECTING THE OFFICIAL ZON-
ING MAP; PRESERVING ALL OTHER i IA,
PORTIONS OF THE ZONING OR- j •• • PI5.
DINANCE; DETERMINING THAT .. R� . •
THE PUBLIC INTEREST, MORALS A ND GENERAL ON ALWELFARE D DEM AND ',,'/'�'''. 1 �
THE ST AMENDMENTS HEREIN MADE;
County PROVIDING THAT THIS ORDI-
Y . NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING
Before A SEVI CLAUSE; PRO County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal FO T A Y PENALTY FOR Y Y P Y PP Y 9 al Coordinator for
the Star VIOLATIONS HEREOF; PROVIDING . elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the . A OR P RAV UBLICA INGS C TI LAUS ON IN THE ; OV
O
PPE ING ent was p the above named in thbd P a P er on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
F
(817) 21 CIAL AN EFFEC NEWSPA DATE PER; AND PROVID-
ING `\ 0 %c
Any person, firm or corporation who � `
violates, disobeys, omits, neglects Signed 1 II
or refuses to comply with or who
resists the enforcement of any of
SUBSC' the provisions of this ordinance F. ME, THIS Tuesday, May 48, '0, I / /
shall be fined not more than Two /A0AAC)
Thousand Dollars ($2,000.00) for
each offense. Each day that a Notary Public Aar / i . �. /I .
violation is permitted to exist shall ■ 'irilif
constitute a separate offense.
Passed and approved this the 1st
thy of May, 2012 during the regular
City Council meeting.
Mayor: John Terrell
Thank Attest: Alicia Richardson, City Sec-
retary , nt
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 321217971
Invoice Amount: $100.89
PO Number: 21200238
Amount Enclosed
•