480-211CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -211
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
APPROXIMATELY 2.95 ACRES SITUATED IN THE HIRAM
GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 2C, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
" A " FROM "AG" AGRICULTURAL DISTRICT TO "S -P -2"
GENERALIZED SITE PLAN DISTRICT WITH CERTAIN "O -1"
OFFICE DISTRICT USES, 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 "AG" Agricultural
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
LACTYDOCS\ORD \CASES \480 -211 R. SP2
Page 1
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,
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 2.95 acre tract of land situated in the Hiram Granberry Survey, Abstract No.
L: \CTYDOC S \ORD \CASES \480 -211 R. SP2
Page 2
581, Tract 2C, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "AG" Agricultural District to "S -P -2"
Generalized Site Plan District with certain "O -1" Office District uses as depicted on
the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ".
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.
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
L: \CTYDOCS \ORD \CASES \480 -211 R. SP2
Page 3
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 ten (10) 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.
PASSED AND APPROVED on the 1 st reading the 0 �1 day of , 1997.
�. �
TTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the I— day o , 1997.
MAY R
LACTYDOCS\ORD \CASES \480 -211R. SP2
Page 4
ATTEST:
' OUT
0 LW A. �t4
SECRETARY
EFFECTIVE: U 1 / /"! 1
APPROVED AS TO FORI AND LEGALITY:
CITY ATTORNEY
L: \CTYDOCS\ORD \CASES \480 -211 R. SP2
Page 5
EXHIBIT "A"
BEGINNING of a 5/8 Inch iron rod found in the South line of West Southlake Bouleward (f.M. Highway
No. 1709), said point being the Northeast corner of Lot 20, Block I. TIMBER LAKE. SECTION 1, as
recorded In Cabinet A. Slide 485. Plat Records. Tarrant County, Texas;
THENCE South 87 degrees 55 minutes 09 seconds East, along the' South line of West Southlake Boulevard.
(F.M. Hlghvray No. 1709), a distance of 186.14 feet to a 5/8 Inch iron rod found. said point being the
Northwest corner of a tract of land to W. Morris as recorded In Volume 8374. Page 2186. Oeed Records,
Tarrant County. Texas;
THENCE South 02 degrees 18 minutes 29 seconds West, along the West line of sold Morris tract, a distonev
of 241.46 feet to a 1/2 inch iron rod found for the Southwest corner of said Morris tract;
THENCE South 89 degrees 00 minutes 05 seconds East, along the South lice of sold Morris tract, a
distance of 165.00 feet, to 0 5.8 Inch iron rod set for the Southeast corner of sold Morris tract, sold
Point being In the Westerly line of LAKE CREST, as recorded in Cabinet A. Slide 1541. Plat Records.
Tarrant County. Texas;
THENCE South 02 degrees 15 minutes 03 seconds West. along the Westerly line of LAKE .CREST, a
distance of 255.33 feet to a point for an "L' corner of LAKE CREST, and being the common Northerly
corner of Lot 20 and Lot 21, Block 2 of said LAKE CREST;
THENCE North 87 degrees 56 minutes 10 seconds West, along the North line of Lot 19 and Lot 20,
Block 2, LAKE CREST, 330.64 feet to a 5/8 inch iron rod found-for the Northwest corner of Lot 19,
and being In the East .lino of Lot 24, Block 1, of sold TIMBER LAKE, SECTION 1;
THENCE North 00 degrees 05 minutes 38 seconds West, along a portion of the East line of Lot 24,
Block 1. TIMBER LAKE, SECTION 1, the East line of Lot 23, Lot 22. Lot 21 and Lot 20. Block 1. TIMBER
LAKE, SECTION 1, a distance of 494.12 feet to the POINT OF BEGINNING.
L: \CTYDOCS \ORD \CASES \480 -211 R. SP2
Page 6
EXHIBIT "B"
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Page 7
The following requirements and prohibitions are applicable to the use of the property:
Permitted uses shall include any use allowed in the 0-1, "Office District ", as
stated in the City of Southlake Zoning Ordinance on February 4, 1997 except the
following: Banking, Savings and Loan, Duplication and Mailing Services,
Employment Services, Radio Recording and Television Broadcasting, Travel
Bureaus or services, Real Estate, Bill Paying Services, and Community Facility
Uses: Libraries, City Halls, Fire and Police Stations, and other municipal uses;
2. Only two (2) single story buildings will be erected on this site. The building to
the west (closest to F.M. 1709) will face to the east, not to exceed 7, 400 s.f., and
will be placed a minimum of 45 feet from the west property line. The building to
the south will face to the north, will not exceed 11,800 s.f., and will be placed at
least 100 feet from the south property line. The peaks of the buildings shall not
exceed 23 feet in height;
3. The maximum height of any structure shall be 23 feet including the peak of the
roof,
4. Building elevation includes roof design. Construction of roof must be similar in
construction to the adjacent business office. The larger, longer building to the
south will have multiple roof elevations to avoid a single, straight sight line along
the peak of the roof as viewed from the front or rear of the building. Flat roofs on
either building are prohibited;
5. A solid 8' tall masonry wall matching in masonry appearance to Timber Lake's
existing wall shall be constructed within 60 days of ground breaking along the
south and west property lines;
6. No rear of building vehicle access. No impervious material shall be constructed
in these areas;
7. Parking will not exceed the minimum requirements of the City of Southlake
Zoning Ordinance in effect on February 4, 1997, or 90 parking spaces, whichever
is more and all parking spaces will be placed a minimum of 70 feet from
residential property lines;
All building utilities and equipment shall be appropriately concealed behind solid
masonry walls;
9. Trash containers /receptacles for the development shall be (1) placed along the
east - northeast property line and away from residential property; (2) contained
within a masonry wall with a closing wooden gate, and (3) hidden from view from
all adjacent homeowners' properties and travelers on F.M. 1709;
L: \CTYDOCS\ORD \CASES \480 -211 R. SP2
Page 8
10. No satellite dish to be placed on the property over 2 meters in diameter and any
satellite dish must be screened from residential property, second story view;
11. The site plan must include a detailed landscape plan as an addendum and must
specify and quantify the landscape plantings while clearly depicting their
placement on the site plan. In addition to the Bufferyard F -1 requirements, the
developer will add Bufferyard C planting with a minimum of 5 canopy trees per
100' run as well as change Bufferyard M planting to Bufferyard P planting. The
areas to the west and south of the two buildings will be heavily landscaped with a
minimum of five (5) large canopy trees per 100 feet and placed as appropriate to
the tree type so as to ensure "full screening" coverage as seen by residential
property owners from their second story windows. An additional buffer of one (1)
canopy tree and six (6) large (6' -10') shrub shall be planted and maintained
between the northwest parking spaces and the residential property line;
12. Exterior lighting will be for security lighting purposes only and will be placed in
such a manner to be directed toward the non - residential buildings and must not
"spill over" on to the adjoining Homeowners' property. All rear building security
lights must include motion sensors to minimize their utilization to reduce light
pollution for the residential property owners;
13. All outdoor business signs will be in compliance with the City of Southlake's sign
ordinance. Only monument signs will be constructed. with minimized lighting so
as to be non - offensive to neighboring homeowners;
14. Any future development or additions to the property will require full notification
to the adjacent property owners as required for any change to an S -P zoning.
L: \CTYDOCS \ORD \CASES \480 -211 R. SP2
Page 9
Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 10505357
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE RATE • AMOUNT
INCHTOTAL/LINE
2/07M 11
10505357 CITY OF SOUTHLAK I358 1x 75L 75 . 66 49 . 50
CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO.480-21 1 0 2/0 7-0 2/0 7
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS
AMENDED, THE COMPRE-
HENSIVE EZONING OR
OF THE CITY OF
GRANTING KE, A ZO NG
CHANGE
RAC OR TRACTS CERTAIN
WITHIN THE CITY OF SOUTH- --
LAKE TEXAS, BEING AP-
PROXIMATELY 2.95 ACRES
GRANBERRYN SURVEY HIRAM
2C, ND MCT ORE FULLY ACT
ND
COMPLETELY DESCRIBED
i IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT
TO "S-P-2" GENERALIZED
SITE PLAN DISTRICT WITH •
CERTAIN "0-1" OFFICE DIS-
TRICT USES SUBJECTp TO
THE SPECIFIC REQUIRE-
MENTS
ORDINANCOE TACORRECTING S I G C......\\NV
THE OFFICIAL OHEPPEVING ALL TR
PORTIONS OF THE ZONING
C THAT THEINTER- SWORN TO BEFORE ME, THIS THE loth DAY OF FEBRUARY I 1 .7
EST; MORALS AND D THE I • �
AL WELFARE DEMAND THE'
AMENDMENTS NGESHEREIN tiGRY"`�,4 Notary Public
MADE; PROVIDING THAT %:?`• u!rr RHONDA R. GOKE
THIS ORDINANCE SHALL BE :`.I ' i
CUMULATIVE OF ALL ORDI- i `�.'• COMMISSION EXPIRES
NANCES;PROVIDING A SEV- i�•, 0'�% TARRANT COUNTY,TEXAS
ERABILITY CLAUSE PROVID- = SEPTEMBER 8 1999
ING FOR A PENALTY FOR VI- �hi%te.iy:ie+t r
PROVIDING A SAVINGS`
CLAUSE; PROVIDING FOR I
I CIALLICNEWSPAPERE ANDS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
PROVIDING AN EFFECTIVE
DATE.
Section 7.Any person,firm or'A.,.----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j
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
Cnot more than Two 0.00) OFFICE O F
sand Dollars ($2 000.00) f L Lr for each offense. Each day. ram
that a violation is permitted REMIT TO: Oil* 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
IIseparate offenseonstitute a CITY SECRETARY
PASSED AND APPROVED IN
SECOND READIN MEET.
THE CITY DURING C I T 5 7 AMOUNT 49. 50
ING HELD ONCOUNCIL ERUARY , NUMBER 1997.
/s/Rick Stacy,Mayor
IATTEST: IF ANY QUESTIONS, PLEASE CALL 817 390-7885/s/Sandra L.LeGrand, PAGE 1 OF1
City Secretary
APPROVED AS TO FORM:
is/E.Allen Taylor,Jr.,
City Attorney
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092-9595 PLEASE PAY 49 . 50
THIS AMOUNT,
PLEASE WRITE IN AMOUNT ENCLOSED
FEU. I.U. NU. 22-:3145254
Star-Telegram AD ORDER NO. 10435363
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
OSTATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was
published in the above named paper on the following dates:
re DATE AD ORDER NO. DESCRIPTION AD SIZE INCH TOTAL/LINE RATE AMOUNT
1/24M 1043536 NOTICE OF PUBLIC I358 1x 81L 81 . 66 53 . 46
NOTICE OF PUBLIC HEARING 01/2 4-01/2 4
_ NOTICE IS HEREBY GIVEN to
all interested persons that
the City Council of the City of
Southlake, Texas, will be
holding a public hearing dur
-- , ing the Regular City Council •
Meeting to be held on Febru-
ary 4 1997,at 6:00 p.m.in
the City Council Chambers
__. of City Hall, 667 North Car-
roll Avenue, Southlake, Tex-
as.
Purpose of the hearing is to
consider the second reading
--. of the following ordinance:
CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO.480-211
AN ORDINANCE AMENDING
ORDINANCE NO. 480_ AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
OTNE, TEXAS;
A ONIG
GE ON A CERTAIN
CT OR TRACTS OF LAND S I G
HIN THE CITY OF SOUTH-
KE TEXAS, BEING AP-
PROXIMATELY 2.95 ACRES 27th JANUARY 1997
S' GRANDBEERRY SURVEYlRAB SWOR TO BEFORE ME, THIS THE DAY OF ,
STRACT• OMPLNO.L5DE TRACT _ ��� /1 ,�.�
2C AND MORE FULLY AND aY•°t, �� ~lilt/\
COMPLETELY DESCRIBED a�P `91t RHONDA R. GOKE IN EXHIBIT "A" FROM "AG" ?_• '�to NotaryPublic
AGRICULTURAL RAGENERALIZED .'s COMMISSION EXPIRES #
SITE PLAN DISTRICT WITH � SEPTEMBER 8, 1999
S OFFICE DIS- Ti-.--_w't�'
TRICT USES SUBJECT TO or_.Y TARRANT COUNTY,TEXAS
THE SPECIFIC REQUIRE-
MENTS CONTAINED IN THIS
ORDINANCE; CORRECTING"
THE OFFICIAL ZONING MAP-
PRESERVING ALL OTHER
PORTIONS OF THE ZONING• ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ORDINANCE; DETERMINING'
THAT THE PUBLIC INTER-
EST, MORALS AND �TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
GENER-
AL WELFARE DEMANDD THE
HE ------.\
— ZONING CHANGES AND
AMENDMENTS HEREIN
MADE PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVEOF ALL ORDFCAVikAniAl
i NANCES;PROVIDING A SEV-
SERABILILITY CLAUSE• PRO
, VIDING FOR A PENALLY FOR ram
VIOLATIONS HEREOF;VIDING A SAVINGS CLAUSE; REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
PROVIDING FOR PUBLICA-
NEWSPAPR;
TION IN THE OFFICIAL
N E G AN EFFECTI DDATE.PRO ACCOUNT AMOUNT
Section 7.Any person,,firm or NUMBER C I T 5 7 DUE 53. 46
corporation who violates,
disobeys,omits,neglects or
refuses to comply with or
who resists the enforcement PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
of any of the provisions of
this ordinance shall be fined
not more than Two Thou-
sand Dolalrs ($2 000.00)
or each offense. Each day
at a violation is permitted
l fist shall constitute a
Cty- ,te offense.
eca j'hlLeGrand,
S
CITY OF SOUTHLAKE
667 N CARROLL AVE c
SOUTHLAKE , TX 76092-9595 PLEASE PAY , 53 . 46
1
THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED