480-316CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-316
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
LEGALLY DESCRIBED AS LOT 3R3, BLOCK 1, MIRON
ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN CABINET A, SLIDE 3901, PLAT RECORDS,
TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY
0.96134 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "B-I" BUSINESS
SERVICE PARK DISTRICT TO "S-P-l" DETAILED SITE PLAN
DISTRICT WITH "O-1" OFFICE DISTRICT USES 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 tbr 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 "B-i" Business
Service Park 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 inunediately 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 tbr 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
Page 2
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 ctmnges
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 lbr a change since the tract or tracts of land were originally classified and
theretbre 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:
Page 3
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 3R3, Block 1, Miron Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3901,
Plat Records, Tarrant County, Texas, and being approximately 0.96134 acres, and
more fully and completely described in Exhibit "A" from "B-l" Business Service
Park District to "S-P-I" Detailed Site Plan District with "O-1" Office District uses
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 wel~hre 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
or' the comnmnity. They have been made alter 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, ['lrm 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 ~s 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
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.
Page 6
PASSED AND APPROVED on the 1st reading the ~ day of ~ , 1998.
.,xxxxxm![l~.utt//z ATTEST:
~ o/ ~ x.~ ~ . .
~ ~ ~ ~ITY SEC~TARY
%.***
PASSED ~D APPROVED on the 2nd reading the /l day of,~]
1998.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: ~17~
EFFECTIVE:
Page ?
EXHIBIT "A"
Lot 3R3, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 3901, Plat Records, Tarrant County, Texas,
being approximately 0.96134 acres.
Page 8
EXHIBIT "B'
EXHIBIT "C'
REGULAR PLANNING AND ZONING
COMMISSION MEETING
July 22, 1999
Motion was made to approve ZA 99-036 subject to Site Plan Review Summary No. 4, dated July
16. 1999, deleting Items #1 (required rear yard setback), g2 (building articulation), #3.a (parking
requirements), #3.c (not requiring an all surface material but giving applicant leeway to study
appropriate materials - possibly Haydite blocks -. before going to City Council) and #4 (dumpster
location); requiring the garage to be for personal auto use only (cars, small trucks, SUVs);
requiring back porch to be made of wood as depicted; and requiring an 8' fence with the pretty
side (the side with no rails or posts) towards the homeowners. Plus the following amendments:
requiring applicant to save trees as shown on the new plan; maintaining the landscaping in
perpetuity; restricting the deck size to be no larger than what is depicted giving the applicant
leeway to shift the actual layout of the deck but not increasing the size; prohibiting the washing
or repairing of vehicles in the driveway; giving the applicant leeway in placement of irrigation
systems ai~.d requiring the applicant to only ~naintain plants they are putting in place keeping in
mind preservation issues.
Motion: Peebles
Second: Sandlin
Ayes: Boutte, Peebles, King, Horne, Sandlin, Creighton
Nays: None
Approved: 6-0
Motion carried.
Page 10
EXHIBIT "C"
Motion ~as made to approve Ordinance No. 480-316, 1~ reading, (ZA 99-036), subject
to the Revised Site Plan Review Summary No. 4, dated Jul:/ 30, 1999, subject to the
action taken by the Planning and Zoning Commission at their July 22, 1999, meeting.
Motion: DuPre
Second: Kendall
Ayes: DuPre, Kendall, Potter, Fawks, and Stacy
Nays: None
Approved: 5-0 vote
Regular City Council Meeting Minutes of August 3, 1999 Page 13 of 20
Page
EXHIBIT "C"
Motion was made to approve Ordinance No. 480-316, 2nd reading, subject to the Site Plan
Review Summary No. 4, incorporating the motion from the last meeting, and accepting
the applicant's commitment that at least 50% of the parking lot shown with crashed
granite will be done in a pervious paving stone material and that no part of the parking
spaces will be done with crashed granite.
Motion: Fawks
Second: Edmondson
Aye:
Nays:
Approved:
Fawks, Edmondson, Potter, Kendall, Moffat, DuPre, and Stacy
None
7-0 vote
Regular City Council Meeting Minutes of August 17, 1999 Page 14 of 22
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ti -____-_ INVOICE
,a Customer ID: CIT57
Invoice Number: 156643861
What do you want to know?
-- Invoice Date: 8/20/99
Terms: Net due in 21 days
Star-Telegram Due Date: 8/31/99
400 W.7th Street PO Number:
FORT WORTH,TX 76102(817)390-7761 Order Number: 15664386
Federal Tax ID 22-3148254 Sales Rep: 073
Description: CITY OF SOUTHLA
Bill To: CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412
i Description , . Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE, TEXAc, nP1>IN CMISC 1 87 87 LINE $2.76 S479.37
CITY OF SOUTHLAKE,
Sales Discount TEXAS
ORDINANCE NO.480-316 ($408.90)
AN ORDINANCE
CNO AMENDING 480 A
Start Date: 8 , THE COIvIPRE-op Date: 8/20/99
HENSIVE ZONING ORDI_
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS;GRANTING A ZONING Net Amount: $70.47
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND e
WITHIN THE CITY OF SOUTH- (
LAKE TEXAS BEING LEGAL-
LY DESCRIBED AS LOT 3R3,
BLOCK 1 MIRON ADDITION,
AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT
COUNTY, TEXAS ACCORD-
ING TH NECABINETHE T�AESLIDE
3901,PLAT RECORDS,TAR-
RANT COUNTY TEXAS,AND
BEING APPROXIMATELY
THE STATE OF TE 0.96134 ACRES AND
Coun of Tarrant MORE FULLY ANb COM-
County -
ty PLETELY DESCRIBED IN EX-
HIBIT "A' FROM 'B-1' BUSI-
NESS SERVICE„PARK DIS-
Before me,a NotanED
, SITE PLANmy and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the Star-
Telegram, published '0-1' OFFICE DISTRICT US- a Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
ES AS DEPICTED ON THE AP
attached clipping of PROVED SITE PLAN AT-fished in the above named paper on the listed dates: r
TACHED HERETO AND IN-
ICORPORATED HEREIN AS
EXHIBIT B•, SUBJECT TO
THE SPECIFIC REQUIRE-
MENTS CONTAINED IN THIS
I ORDINANCE; CORRECTING ,j
SUBSCRIBED ANDI THE OFFICIAL ZONING MAP* August 26, 1999.
PRESERVING ALL OTHER ,THIS Thursday,
i PORTIONS OF THE ZONING (
1 ORDINANCE,
THE PUBLIC MINTER
EST, MORALS AND GENER- Notary Public
AL WELFARE DEMAND THE
ZONING CHANGES AND
AMENDMENTS HEREIN -µy` r`�
MADE PROVIDING THAT O P b(,h RHONDA R. GOKE
1 THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES i? a' COMMISSION EXPIRES
•PROVIDING A SEV- i•
ERABILITY CLAUSE PROVID- �'«-- •�� $EPTEMBER 8, 1999
Thank You For! ING FOR A PENALTS'FOR VI- py�• _:�}�'
I CLAUSE,
HEREOF' ..;..
PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
CIAL NEWSPAPER'AND PRO-
VIDING AN EFFECTIVE DATE.
Any person, firm or corpora- i
bon who violates, disobeys,
Remit To:
Star- to neglects or
or who re- Customer ID: CIT57
sists the enforcement of any
P.O. . of e provisionse of this ordi-
nancenot Customer Name: CITY OF SOUTHLAKE
fth shall be fined no-e
more than Two Thousand
FOR" Dollars ($2,000.00) for
each offense.Each day that5101-2051 Invoice Number: 156643861
a violation is permitted to ex-I
ist shall constitute a sepa-
rate offense. Invoice Amount: $70.47
PTHEE117thNDAYPOF AUGUST
1999, DURING THE REGU- PO Number: '
LAR CITY COUNCIL MEET-
ING. Amount Enclosed: I
MAYOR RICK STACY
ATTEST: ,
SANDRA L.LEGRAND,
CITY SECRETARY
APPROVED AS TO FORM:
CITYLLEN TAYLOR JR.,
INVOICE
Star-Telegram Customer ID: CIT57
t '.�- - v tt ‘ Invoice Number: 155790301
What do you want to know?
,_.. Invo>yce Date: 8/6/99
Terms: Net due in 21 days
Star-Telegram Due Pate: 8/31/99
400 W.7th Street PO Number:
FORT WORTH,TX 76102 Order Number: 15579030
(817)390-7761 1
Federal Tax ID 22-3148254 Sales Rep: 073
Description: CITY OF SOUTHLA
Bill To: CITY OF SOUTHLAKE J
• 667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412
1
I
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE,TEXAS NOTIC CMISC I 95 95 LINE $2.76 $523.45
Sales Discount ($446.50)
Start Date: 8/6/99 Stop Date: 8/6/99 ,
CITY OFTMTFILAKE, !
NOTICE was hereby given to Net Amount $76.95
all interested persons•that
the City Council of the City of
Southlake, Texas, will be
dur-
ing aregulllar city council
meeting to be held on Au-
gust 17 1999,at 7:00 p.m.
The meeting will be held in
the City Council Chambers
of City Hall,667 North Car-
roll Avenue, Southlake,Tex-
as. Purpose of the hearing
will be held regarding the fol-
THE STATI CITY OF EXASHLAKE,
County of 1 ORDINANCE NO.480-316
AN ORDINANCE
CNO AMENDING
AS
AMENDED, THE CON1PRE-
Before me, HENSIVE ZONING ORDI- said County and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the Star-
CE OF Telegram, p SOUTHLAKE,THE CI TEXY AS,'ram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clil GRANTING
AA ZONING paper
CERTAIN was published in th above named a er on the listed dates:
TRACT OR TRACTS OF LAND
LAKE,THE TEXAS(BEITYNG LEEGAL-
LY DESCRIBED AS LOT 3R3,F SOUTH-
J
BLOCK 1 MIRON ADDITION,
SUBSCRIBE! AN ADDITION TO THE CITY
OF SOUTHLAKE,NTY, EXA TARRANT DRE ME, THIS Monday,August 09, 1999. •
ACCORD-
ING TO THE PLAY RECORD-
ED IN CABINET A SLIDE p
3901,PLAT RECORDS,TAR- Notary Public ?__A
RANT COUNTY TEXAS,AND r
BEING APPROXIMATELY _-pv n�4
0.96134 ACRES AND = P `e ,/ RHONDA R. GOKE
MORE FULLY AND COM-
PLETELY DESCRIBED"B-1 IN S1-X- i51ISEPTEMBER81999
COMMISSION EXPIRES
HIBIT 'A" FROM "B1' BUSI-
NESS SERVICE PARK DIS-SRIET TO'DPSTRDT AILED
Thank Yo -1' OFFICE DISTRICT US- ✓ment
- PROVEDEPISITE PTED ILAN THE
AT-
CORPORATEDE HEREIN AS
EXHIBIT "B', SUBJECTOo TO
1 MENTSSCONTAINEDIC REQUIRE-
IN TH S c
RDINANCE; CORRECTING
TTHEE OFFICIAL ZONING MAP'
Remit To. PRESERVING ALL OTHER Customer ID: CIT57
PORTIONS OF THE ZONING
ORDINANCE; DETERMINING Customer Name: CITY OF SOUTHLAKE
THATS THE MORALS UAND ICGENER-
ZONINGFACHANG DEMAND AND TX 76101- Invoice Number: ' ' 155790301
AMENDMENTS HEREIN
MADE; PROVIDING THAT, $76.95
THIS ORDINANCE SHALL BE Invoice Amount:
CUMULATIVE OF ALL ORDI-
NANCES PROVIDING A SEV-
ERABILIT'Y CLAUSE;PROVID-
ING FOR A PENALTY FOR VI-j
PLATIONS HERE
ROVIDNG A SAVINGS` PO Number:
CLAUSE; PROVIDING FOR -, _.
FI-
CIABLLNEWSPAPEN R ANDTHE PRO- Amount Enclosed: %$
VIDING AN EFFECtIVE DATE.
SECTION 7.
Any person,firm or corpora-
tion who violates,disobeys,
omits, neglects or refuses
to complywith or who re-