480-481A OrdinanceCITYOFSOUTHLAKE, TEXAS
ORDINANCE NO. 480-481A
ANORDINANCE AMENDING ORDINANCE NO. 480, ASAMENDED,
THECOMPREHENSIVE ZONING ORDINANCE OFTHECITY OF
SOUTHLAKE, TEXAS; GRANTING AZONING CHANGE ON A
CERTAIN TRACT ORTRACTS OFLANDWITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT13,
LITTLEBERRY G. HALL NO. 686 ADDITION, ANADDITION TOTHE
CITYOFSOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.35ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED INEXHIBIT “A” FROM “S-P-1”
DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITEPLAN
DISTRICT, ASDEPICTED ONTHE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN ASEXHIBIT
B”, SUBJECT TOTHESPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OFTHE ZONING
ORDINANCE; DETERMINING THAT THEPUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THEZONING
CHANGES ANDAMENDMENTS HEREIN MADE; PROVIDING THAT
THISORDINANCE SHALL BECUMULATIVE OFALLORDINANCES;
PROVIDING ASEVERABILITY CLAUSE; PROVIDING FORA
PENALTY FOR VIOLATIONS HEREOF; PROVIDING ASAVINGS
CLAUSE; PROVIDING FOR PUBLICATION INTHEOFFICIAL
NEWSPAPER; ANDPROVIDING ANEFFECTIVE 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 “S-P-1” Detailed Site
Plan District under the City'sComprehensive 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
Case No. Attachment G
ZA12-015 Page 2
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, BEITORDAINED BYTHECITY COUNCIL OFTHE CITYOF
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 13, Littleberry G. Hall No. 686 Addition, an addition to the City of
Southlake, Tarrant County, Texas, being approximately 1.35 acres, and more fully
and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-
P-1” Detailed Site Plan District as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit “B”, and subject to the following specific
conditions:
Case No. Attachment G
ZA12-015 Page 3
Conditions of Approval for Ord. No. 480-481 approved September 5, 2006:
1. This property shall be limited to the permitted uses as found in the “C-2” Local Retail
Commercial District as described in Section 21 of the Comprehensive Zoning
Ordinance No. 480, as amended.
2. Development Regulations - This property shall be subject to the development
regulations for the “C-2” Local Retail Commercial District, and all other applicable
regulations with the following exceptions:
a. There shall be a side yard setback of not less than ten (10) feet along the
east property boundary
b. Concrete tilt wall with a stained finish shall be permitted to comply with
exterior masonry requirements as shown on the attached building elevations
3. Subject to the Site Plan Review Summary No. 3 dated March 29, 2006.
4. Granting a variance to the following with regard to driveways & parking:
a. Stacking depth for the drive on W. Southlake Blvd. A minimum of 50’ of
stacking is required. Approximately 41 feet of stacking is proposed
b. The minimum driveway spacing on W. Southlake Blvd. Spacing between a
full-access drive and a right-in/right-out drive is required to be a minimum of
250’. Distances of approximately 80 feet and 219 feet are proposed.
c. A variance to allow a 10% reduction in the required parking is requested.
Conditions of Approval for Ord. No. 480-481A approved ______, 2012:
1.
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,
Case No. Attachment G
ZA12-015 Page 4
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.
Case No. Attachment G
ZA12-015 Page 5
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 itis so ordained.
PASSED ANDAPPROVED onthe1streading the17thdayofApril, 2012.
Case No. Attachment G
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MAYOR
ATTEST:
CITY SECRETARY
PASSED ANDAPPROVED onthe2ndreading the _____ dayof __________, 2012.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA12-015 Page 7
INVOICE
Star - Telegram MAY 1 m 2012 Customer ID: C1T57
808 Throckmorton St. Invoice Number: 321217951
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 5/5/2012
Federal Tax ID 26- 2674582 RECELVE Terms: Net due in 21 days
Due Date: 5/31/2012
Bill To:
CITY OF SOUTHLAKE I ^�'i 1 6 2012 PO Number: 21200238
1400 MAIN ST Order Number: 32121795
STE 440
SOUTHLAKE, TX 76092 -7604 OFFICE OF CITY SECRETARY Sales Rep: 073
Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 5/5/2012
I Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE
ORDINANCE NO. 480 -4814
CITY OF SO AN ORDINANCE AMENDING ORDI- ) 13580 1 61 61 LINE 6 17.30 $1,055.42
NANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF
Misc Fee SOUTHLAKE, TEXAS; GRANTING A $ 10.00
ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING LEGALLY DE-
SCRIBED AS LOT 13, LITTLEBERRY
G. HALL NO. 686 ADDITION, AN Net Amount: $1,065.42
ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY
1.35 ACRES, AND MORE FULLY ���11111111//
AND EXHIBI COMPLETELY T"A FROM "- P - DE \ \ \ \ \ \`` 'c4 �"' Ho
TAILED SITE PLAN DISTRICT TO � I 0 .•••••,
"S -P -1" DETAILED SITE PLAN Q P �tY Po' '•,
DISTRICT, AS DEPICTED ON THE J •
APPROVED SITE PLAN ATTACHED =0 0 G C i
HEREIN AS AND XHIBIT "B", SUBJECT ' 7� • _ �'
TO THE SPECIFIC i\
CONTAINED IN THIS ORDINANCE; � ,, q �.{.P
CORRECTING THE OFFICIAL ZON- i •, � 1 ' G '
ING MAP; PRESERVING ALL OTHER i $
PORTIONS OF THE ZONING OR- �/ PIRE., ��
DINANCE; DETERMINING THAT n„.. +�Q \ \ \\ MORALS
THE PUBLIC AND GENERAL WELFARE DEMAND // , /111 / s 1111���```
THE STATE ( THE ZONING CHANGES AND
County of Tar A MENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE
Before me, a I OF ALL ORDINANCES; PROVIDING ty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
A SEVERABILITY CLAUSE; PRO -
the Star -Telec VIDING FOR A PENALTY FOR am, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attacr VIOLATIONS HEREOF; PROVIDING as publish-. in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
A SAVINGS CLAUSE; PROVIDING
(817) 215 -232 FOR PUBLICATION IN THE OFFI-
NEWSPAPER; \ \ AND PROVID-
ING I 11 1 6 c_.—. ING AN EFFECTIVE DATE. `
Any person, firm or corporation who Signed _ � � _
violates, disobeys, omits, neglects
or refuses to comply with or who
SUBSCRIBE[ resists the enforcement of any of ,
THIS Tuesday, May i8,. '0 '. 1
the provisions of this ordinance �. / / � ( %� % //�
shall be fined not more than Two
Thousand Dollars ($2,000.00) for Notary Public / .4 i ... i i1
each offense. Each day that a .11, '
violation is permitted to exist shall
constitute a separate offense.
Passed and approved this the 1st
day of May, 2012 during the regular
City Council meeting.
Thank Mayor: John Terrell
11 li Attest: Alicia R ichardson, City Sec-
retary
Rem To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 321217951
Invoice Amount: $1,065.42
PO Number: 21200238
Amount Enclosed: