480-301CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-301
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A
ZONLNG CHANGE ON A CERTAIN TRACT OR TRACTS OF
LA.ND WITHIN THE CITY OF SOUqYHLAKE, TEXAS BEING
LEGALLY DESCRIBED AS TRACT 6D SITUATED IN THE
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND
BEING APPROXIMATELY 3.043 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "S-P-l"
DETAILED SITE PLAN DISTRICT WITH "O-1" OFFICE
DISTRICT USES INCLUDING A PERSONAL CARE
FACILITY FOR ALZHEIMER'S PATIENTS 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 A.N 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 fi)r 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 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 Ib. cilities; location of ingress and egress points for parking and off-street loading spaces,
and protection or' 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: eftkct on the concentration of population, and efl~ct 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 tbr 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,
WI-I~REAS, 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 nf land requested for a change since the tract or tracts of land were originally classified and
theretbre lkels 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 cormmunity.
N()~¥, 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 Tract 6D situated in the Thomas M. Hood Survey, Abstract No. 706, and being
approximately 3.043 acres, and more fully and completely described in Exhibit "A"
from "AG" Agricultural District to "S-P-I" Detailed Site Plan District with "O-1"
Office District uses including a personal care f~cility for Alzheimer's patients as
depicted on the approved Site Plan attached hereto and incorporated herein as
Exhibit "B", and subject to the specific conditions established in the motion of the
City Council and attached hereto and incorporated herein as Exhibit "C."
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 welthre 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
aw~id 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
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
anv of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper ()ne 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 0~ day offS, 1999.
~~ ATfEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ~_ day of ~~, 1999.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED]: ~A
EFFECTIVE:
EXHIBIT "A"
~-tE3~EAS, the unde~r;ed, being ~e o~ of o 5.045 ~e ~act ~tu~
~ ~e T. M. H~ ~y. ~l~act Numb~ 7~, ~thlake, T~t ~nty,
Tex~ ~id ~ oc~ tract b~g m~e pa~lculady d~ by met~
~d b~nda a~ f~low~
B£GINNING at o 5/8' k-~ pin found, ~aid 5/~' ~ p~ ~nd being
~w~t~y ~ of Lot 1, ~ B Ra~aux ~age according to
~at r~d~ ~ V~ume 3~-213. Pa~ 31. ~at Re--da, Ta~ant C~nty,
Texa~
33-1ENCE N 90'00'00' E along the ~x~the~n line of said Lot 1, Block B
Rav~noux V111oge, po~aln9 at 378.46' the sautheoeterly cartier of ~31d Lot
1, B~ock B R~lvenaux V~llage. in all a distance of 420.00 feet to a 1/2' ~
pin set, said 1/2' iron pin set being on the eastern line of said T. M,
Hood Survey, said 1/2' ~'an pin set also being in North 9~[tes Chapel Ro~d;
THENCE S 00'01'4i' W ~lon9 the e~3ste~ line of said Thomas M. Hood ~,~y.
and within sold North Whites Chapel Ro~d ~3 distance of 315.51 feet to a 1/2
iron p~ set;
THENCE S 8958'59' W, po~ing at 25.0.3' a 3/4-" iron pin found for the
no~saete~y corn~- of o tract of t~d ~ to ~ffem W. Ru~ end
Z~e Ru~. T~ of ~e ~liem W. Ru~ ~nd Z~o Ru~er
ecc~d~g to ~e d~ r~ded In V~ume 12591. P~ge 2263, D~d
T~t ~ty, Te~ ~l~g ~e n~ llne of sold Ruck~ Family T~t
~ac~ p~g at 1~.~' a 3/4' ~ pipe f~nd berg the n~h~teHy c~
of aa~ Ru~ F~y T~st ~ac~ said 3/4' ~ p~e f~nd also being
n~st~y ~ of o ~act of I~d c~ to Morgu~te E. ~lley
occ~d~g to ~e d~ r~d~ in V~ume 12172. P~e 1957. De~ R~d&
T~ant ~nty, Texas, ~d ~tinulng ~ong the n~ line of
tract, in o~ ~ dl~ of 420.00 f~t to a 1 I~' pipe f~nd. ~id 1 1/2'
p~e f~nd being ~e ~e~t~y co~ of Lot ~ Bt~ B Ro~n~x
~c~g ~ ~e plat r~d~ ~ V~ume ~-213, Po~ 31, Plat R~da,
T~ont C~ty. Texce;
~ N ~1'41' E ~g ~e ~at~ line of ~ Lot ~ ~ B Ra~aux
~ e ~ of 315.~ ~ to ~e Point of ~N~NG ~d
Page
EXHIBIT "B"
~,~ , i111
Page 9
EXHIBIT "C"
Motion was made to approve 1~t reading of Ordinance No. 480-301, changing the zoning
of ~'AG" to "S-P-I" with "O-1" uses including a personal care facility for Alzheimer's
patients; subject to the Site Plan Review Summary #3, dated February 26, 1999; allowing
a 20-bed facility plus one student apartment for Phase I and a 16-bed facility with
conference room for Phase 2; deleting Item #1 to allow a reduction in the square footage
of the housing units to a range between 185 sr. and 215 s.f.; deleting Item #2 to allow the
horizontal and vertical articulation as shown; suggesting that the entrance drive be
adjusted to save trees along the edge of the proposed new fight-of-way; and deleting Item
#5 at the request of staff (applicant has provided the required 28 parking spaces as
shown).
Motion: Moffat
Second: Martin
Ayes: Moffat, Martin, Edmondson, Evans, Fawks, Kendall, Stacy
Nays: None
Approved: 7-0 vote
Regular City Council meeting Minutes of March 2, 1999 page 23 of 27
Page I0
EXHIBIT ~C~
Motion was made to approve ZA 98-149, subject to Site Plan Review Summary No. 4,
dated March 19, 1999; allowing for the reduction of the square footage of the housing
units to range between 185 s.f. and 215 s.f.; accepting the driveway configuration as
shown; changing the word Ravenaux to Count~side Court; on Item #3, allowing the
driveways as shown. Fawks stated, "And requiring that the applicant provide proof of a
public equivalent sewer system before acceptance of any plat of this site and prior to
issuance of any building permit."
Motion: Fawks
Second: Kendall
Ayes: Fawks, Kendall, Moffat, Edmondson,~Evans, Stacy
Nays: None
Approved: 6-0 vote
Regular City Council Meeting Minutes of March 23, 1999 Page 9
Page 11
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Star-Telegram F tU. I-D. NO. LL 314tiL54
AD ORDER NO. 14789860
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
)unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
TAMMIE BRYANT
personally appeared 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:
r- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
,� INCH/LNE •
3/26ME 14789860 CITY OF SOUTHLAK I358 1x 82L 82 QUOTE 66 . 42
CITY OF SOUTHLAKE, 0 3/2 6-0 3/2 6
TEXAS
ORDINANCE NO.480-301, - ---- ---
AN ORDINANCE NO AMENDINGRDINANCE 480_, AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF -- - - -- -_-'---_---
SOUTHLAKE, TEXAS
ZOING
CHANGE GRANTING ON AA CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTH-
LAKE,TEXAS BEING LEGAL-
LY DESCRIBED AS TRACT
- - 6D SITUATED IN THE THO-
MAS M.HOOD SURVEY,AB-
STRACT NO. 706 AND BE-
ING APPROXIMATELY 3.043
ACRES, AND MORE FULLY
AND COMPLETELY DE-
SCRIBED IN EXHIBIT A'
FROM AG" AGRICULTURAL
DISTRICT TO S-P-1" DE-
' TAILED SITE PLAN DISTRICT
WITH"0-1'OFFICE DISTRICT
USES INCLUDING A PERSON- G N
AL CARE FACILITY FOR
DEITERATHSAPCD ONTE P
SU 72HED HERETOLZID IN- )WORN TO BEFORE ME, THIS THE 29th DAY OF MARCH 1
CORPORATED' ED HEREINJ AS /�
EXHIBIT "B', SUBJECT TO ;i�Y.Pv4, ,�/U,1(/`ll,
THE SPECIFIC REQUIRE- ~.‹.,A RHONDA R. �yLQ .�.ORDINANCOETACORRENCTING � PublicTHE OFFICIAL ZONING MAP !! !JN0ta
PRESERVING ALL OTHEI
PORTIONS OF THE ZONING
ORDINANCE; DETERMINING h1�a� F 1--r r TARRANT COUNTY,TEXAS
THAT THE PUBLIC INTER- r,.,®
EST, MORALS AND GENER-
ZONINGFACHAES DEMAND THE
AND
AMENDMENTS
ADEDM PROVIDING HEREINT
F CUMULATIVE ORDINE of ALL L BE ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ORDI-
NANCES.PROVIDING A SEV-—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT��ERABILITY CLAUSE;PROVID-
-- ING FOR A PENALTY FOR VI-
OLATIONS HEREOF,
A SAVINGS
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
VIDILNGEANSEF ECTIVE DATE
t SECTION 7.
Any person,violates,
or disobeys,
d r a m \
lion who neglectstes,disobeys, REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
omits, or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of this ordi- ACCOUNT C I T 5 7 AMOUNT 66 . 42
nance shall be fined not
more than Two Thousand NUMBER DUE
Dollars ($2,000.00) for
each offense.Each day that
a violation is permitted to ex- PAGEI dt IF ANY QUESTIONS, PLEASE CALL(817)390-7885
ist shall constitute a sepa-
rate offense.
PASSED AND APPROVED BY
THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEX-
N MARCH 23,
MA'/OR RICK STACY 1999
ATTEST: SANDRA L. LEG-
RAND,CITY SECRETARY
APPROVED AS TO FORM: E.
ALLEN TAYLOR JR.,CITY AT-
TORNEY
"- CITY OF SOUTHLAKE
CTY SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-6412 THIS AMOUNT 66 . 42
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED ID. NO. 22 3148254 AD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
runty of Tarrant
before me, a Notary Public in and for said County and State, this day
TAMMIE BRYANT
personally appeared 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 TOTAL 1
RATE AMOUNT
INCH/LINE
3/06ME 14682661 CITY OF SOUTHLAK I358 1x 91L 91 QUOTE 121 .94
______-
CITY OF 03/06-03/06
SOUTHLAKE,TEXAS all
NOTICE is hereby given
Interested persons that the
Cof
So thlake�llTexas, wilof the ly be
holding a public hearing dur-
ing the regular city council
meeting to be held on March
meeting will be held
at
0n in the
City Council Chambers of
City Hall, 667 North Carroll
Avenue, Southlake, Texas.
Purpose of the hearing will
be held regarding the follow-
ing: CITY OF
SOUTHLAKE,TEXAS
ORDINANCE N .480-301
AN NG
ORDINANCE
CNO. 48D1 0 AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS;
GRANTING A ZONING
CHANGE ON A CERTAIN — —
TRACT OR TRACTS OF LAND
S, WITHIN
TEXAS CITY OF
SOUTH-
GAL- 8th MARCH 1999
LY DESCRIBED AS TRACT SWORN TO BEFORE ME, THIS THE DAY OF
M SITUATEDM. O IN THE ,AB-
STRACT M.HOOD SURVEY,AB- I
NO. 706 AND BE-
ING APPROXIMATELY 3.043 --;.,T[i��l ary Public •ACRES, AND MORE FULLY O 6(-111, RHONDA R. GO
AND COMPLETELY DE- , . nr
SCRIBED IN EXHIBIT A' O+ �1•A-' COMMISSION EXPIRES
FROM AG" AGRICULTURAL /•; �y i
DISTRICT TO S-P-1` DE- OW, /1 ;"; 6� TARRANT COUNTY,TEXAS
TAILED,SITE PLAN DISTRICT # 1171f;•...•tk,+P SEPTEMBER 8, 1999
WITH 0-1 "OFFICE DIS-
TRICT ��,,_.p__-=
ESONAL USEINS
FACILITY
FOR ALSH DEPICTED ONEC
S PA-
TIENTS AS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
F
THE APPROVED SITE PLAN
ATTACHED HERETO AND IN-
CORPORATED HEREIN AS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
EXHIBIT B', SUBJECT TO -------A
THE SPECIFIC REQUIRE- "
MENTS CONTAINED IN THIS
ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP,
PRESERVING ALL OTHER
PORTIONS OF THE ZONING
tORDINANCE; DETERMINING
THAT THE PUBLIC INTER-
' ELT, MORALS AND Irani
AL WELFARE DEMANDD THE ZONING CHANGES AND REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
AMENDMENTS HEREIN
MADE- PROVIDINGTHAT
THIS ORDINANCE SHALLBE ACCOUNT CI T 57 AMOUNT 121 .94
CUMULATIVE OF ALL ORDI- NUMBER DUE
NANCES PROVIDING A SEV-
ERABILITY CLAUSE-PROVID-
ING FOR A PENALTY FOR VI-
OLATIONS HEREOF' PAGE1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
PROVIDING A SAVINGS+
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
VIDING ANSEFFEECTIVE DDATED.
SECTION 7.
Any person, firm or corpora-
tion who violates,disobeys,
omits, neglects, or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of this ordi-
nance shall be fined not
more
ersthan wo0.Thousand
0 us for SOUTHLAKE
each offense.Each day that T H L A K E
a violation is permitted to ex- A R R O L L A V E
ist shall constitute a sepa-
rate offense. PLEASE PAY
Sandra L.LeGrand K E T X 7 6 0 9 2-6 412
City Secretary THIS AMOUNT 121 . 94
PLEASE WRITE IN AMOUNT ENCLOSED