480-638 CITY OF SOUTH LAKE, TEXAS
ORDINANCE NO. 480 -638
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 1R, BLOCK 1,
MEDICAL VILLAS AT TUSCAN CREEK, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.0 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 AND
DISTRICT REGULATIONS 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,
Page 1
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
Page 2
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
SOUTH LAKE, 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 1R, BLOCK 1, MEDICAL VILLAS AT TUSCAN
CREEK, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING
APPROXIMATELY 2.0 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 AND DISTRICT REGULATIONS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B ", AND SUBJECT TO THE
FOLLOWING CONDITIONS:
Subject to Site Plan Review Summary No. 3, dated May 1, 2013 (ZA13 -019); signage to
be compliant with the Sign Ordinance; Building No. 1 would be considered as a single
business in use for that building; applicant indicated on southern border that landscaping
will be evergreen shrubs and trees; and, noting that Cathedral Live Oaks will be planted
along FM 1709 frontage in lieu of Live Oaks.
Page 3
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.
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.
Page 4
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 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.
Page 5
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 21st da of May 2013. .
MAYOR
011TH
ATTEST: Q ., ......� ,, < •
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CITY SECRETAR 5
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PASSED AND APPROVED on the 2nd reading the 18 day of June 2013.
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CITY SECRETA - r
CbEPtk.n1
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: t - /-
ADOPTED: ,� /V c;961/.3-'
EFFECTIVE: , e 21D I�
Page 6
EXHIBIT "A"
Being on property described as:
BEING DESCRIBED AS LOT 1R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 2.0 ACRES
Page 7
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"S -P -1" Detailed Site Plan District
For
Lot 1R, Block 1, Medical Villas at Tuscan Creek
Capelli Offices and Suites
This site shall comply with all conditions of the city of Southlake comprehensive zoning ordinance No.
480, as emended, as it pertains to the section 18, "0-1" office uses and regulations with the following
exceptions
Permitted Uses
All uses permitted in the "0-1" office district uses and using limited "C -1" includes the following use:
• Barber, Beauty Shop and similar salon uses- the salon structure (bldg. 1) on the front of the
property will have 0 -1 district uses and limited "C -1" use, while the rest of the property will
conform to the "0 -1" office district uses.
• It is envisioned to be a lower overall intensity of use and development when compared to
other commercial categories, because of the suite based concept. (Note: although a salon
would be generally considered a barber and beauty shop, with the suite based concept,
tenants work mainly through appointments only in their private suites.)
• Parking ratios:
o Building 1 shall be parked client -tenant ratio.
• Will have overall 45 suites; two parking places per suite, and one office.
= 91 parking places.
o Building 2 shall be parked 1 space per office ratio.
• 10 offices = 10 parking places.
o Building 3 shall be parked doctor - patient ratio.
• Will have 2 doctors, 2 nurses, 6 patient rooms, 6 waiting chairs and 1
receptionist = 17 parking places.
o 11.5 parking places off sight.
• Signed agreement with property 321 South Lake Blvd.
o 106.5 parking places on sight.
o Total parking spaces provided = 118
• The salon structure will have no retail products or commercial deliveries and will not
require a loading dock.
• Impervious coverage
o Will be 67.5 % underlying zoning districts allows up to 65 %.
Page 9
Tuscan Creek Medical Villas
311 W. Southlake Blvd, Ste 150
Southlake, Texas 76092
817 - 424 -1166
Frank Viola
Capelli Offices & Suites
Southlake Texas, 76092
Frank,
We are agreeable to allowing your project access to 11.5 of our parking spots.
Greg Taylor
ReCeiVed
JUN 11 2013
r.17-)rang Dept
Page 10
INVOICE
St -7i elegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 325356091
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 4/26/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 4/30/2013
Bill To: RECEIVE; ; PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST MAY Order Number: 32535609
STE 440 " 2013 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 C Description: PUBLIC HEARING
s. Attn: Attn: ACCOUNTS PAYABLE Publication Date: 4/26/2013
r- a t fir€ 6 a s §t ;s a,4 s
PUBLIC HEARING NOTICE CITY OF I3580 1 88 88 LINE $17.28 $1,520.36
Sales Discount ($1,379.88)
Misc Fee $10.00
RECEIVED
Net Amount: $150.48
MAY 1 6 2013
OFFICE rs'F CITY SECRETAR':
Nay p''m. CHRISTY LYNNE HOLLAND
.0. .14,. Notary Public, State of Texas
My Commission Expires
-'4;%;.4:0 July 31, 2016
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publis in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323 o��
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 31, 20 4/
Notary Public /14 ���_� `'l i3O
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 325356091
Invoice Amount: $150.48
PO Number: NO PO
Amount Enclosed: $
PUBLIC HEARING NOTICE
CITY OF SOUTHLAKE, TEXAS
Notice is hereby given to all inter -
ested persons that the City of
Southlake, Texas, will consider the
following items in the Council
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for:
Planning and Zoning Commission on
Thursday, May 9, 2013, at 6:30 p.m.
or immediately following the
Planning and Zoning Work Session,
will hold a public hearing and
consider:
• Ordinance No. 1065 (CP13 -001),
Land Use Plan ,Amendment from
Office Commercial to Mixed Use on
property described as Lot 1R, Block
1, Medical Villas at Tuscan Creek,
an addition to the City of Southlake,
Tarrant County, Texas and located
at 321 West Southlake Boulevard,
Southlake, Texas. The current
zoning is "0 -1" Office District. The
proposed zoning is "S-P-1" Detailed
Site Plan District. SPIN # 10.
City Council on Tuesday, May 21,
2013, at 5:30 p.m. or immediately
following the City Council Work
Session, will hold a public hearing
and consider:.
• ZA13 -042, Site Plan for Markham
Fine Jewelers on property described
as Lot 1, Block 2R1, Southlake Town
Square, Phase I, an addition to the
City of Southlake, Tarrant County,
Texas and located at 218 State
Street, Southlake, Texas. The
current zoning is "DT" Downtown
District. SPIN Neighborhood 1l8.
City Council on Tuesday, June 4,
2013, at 5:30 p.m. or immediately
following the City Council Work
Session, will hold a public hearing
and consider: -
Ordinance No. 480 -637 (ZA13 -040),
Zoning Change and Concept Plan
for 250 Lilac Lane on property
described as Tract 2B, Obediah W.
Knight Survey, Abstract No. 899,
Southlake, Tarrant County, Texas
and being located at 250 Lilac Lane,
Southlake, Texas. Current Zoning:
AG - Agriculture District. Requested
Zoning: SF -2 - Single Family Res-
idential District. SPIN Neighbor-
hood 19.
• Ordinance No. 1065 (CP13 -001),
Land Use Plan Amendment from
Office Commercial to Mixed Use on
property described as Lot 1R, Block
1, Medical Villas at Tuscan Creek,
an addition to the City of Southlake,
Tarrant County, Texas and Iodated
at 321 West S9m thlake Boulevard,
Southlake, Texas. The current
zoning is "0 -1" Office District. The
proposed zoning is "S -P -1" Detailed
Site Plan District. SPIN # 10.
• Ordinance No. 480-638 (ZA13 -019),
Zoning Change and Site Plan for
Capelli Offices & Suites on property
described as Lot 1R, Block 1,
Medical Villas at Tuscan Creek, an
addition to the City of Southlake,
Tarrant County, Texas and located
at 321 West Southlake Boulevard,
Southlake, Texas. Current Zoning:
0 -1 Office District. Proposed Zon-
ing: 5-P -1 Detailed Site Plan District
with 0 -1 Office District uses and
limited C -1. Neighborhood Com-
mercial District uses. SPIN # 10.
All interested persons are urged to
attend.
City of Southlake
Alicia Richardson, TRMC
City Secretary