480-327CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-327
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 3, BLOCK 2, GATEWAY
PLAZA ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO
THE PLAT RECORDED IN CABINET A, SLIDES 5365 & 5366,
PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING
APPROXIMATELY 1.15 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2"
GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C-3"
GENERAL COMMERCIAL DISTRICT USES AS DESCRIBED IN
ORDINANCE NO. 480-290 TO "S-P-l" DETAILED SITE PLAN
DISTRICT WITH "O-1" OFFICE DISTRICT USES, A RETAIL
FABRIC STORE, AND A SIT-DOWN RESTAURANT OPEN NO
LATER THAN 2:00 A.M., 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
L:/CITY MANAGER OFFICEICITY DOCS\ORD\CASES\480-227 DOC
Page I
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-2" Generalized
Site Plan District with limited "C-3" General Commercial District uses as described in Ordinance
No. 480-290 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 Ihcilities 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,
N:\COMM[1NITY DEVELOPMENni~WP FiLES\ZB^\PENDING\480~327.DOC
Page 2
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,
WItEREAS, 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, am 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.
N:\COMML~NITY DEVELOPMENT~WP FILES/ZBA\PENDING\480 327 DOC
Page 3
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 Lot 3, Block 2, Gateway Plaza Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A,
Slides 5365 & 5366, Plat Records, Tarrant County, Texas, and being
approximately 1.15 acres, and more fully and completely described in Exhibit "A"
from "S-P-2" Generalized Site Plan District with limited "C-3" General
Commercial District uses as described in Ordinance No. 480-290 to "S-P-l"
Detailed Site Plan District with "O-1" Office District uses, a retail fabric store, and
a sitqtown restaurant open no later than 2:00 a.m. 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 defmitions of said Zoning Ordinance are
L:\CITY MANAGER OFFICE\CITY DOCS\ORD\CASES\48[k327.DOC
Page 4
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
N:/COMMUNrI'Y DEVELOPMENT~WP FILES\ZBA\PENDING\a80~327.DOC
Page 5
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
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.
Page 6
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 / day of ~J~
MAYOR
,2000.
x:'ammuttt~t, ATTE
.xx , .~',, ST:
~ v,~., ~ ,~ :': ~ITY SEC~TARY
PASSED ~ APPROVED on the 2nd rea~ng the ~ day of~ ,
2000.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
N:\COMMUNITY DEVELOPMENT~WP FILES\ZBA/PENDING\480-327 DOC
Page 7
EXHIBIT "A"
Lot 3, Block 2, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records, Tarrant
County, Texas, and being approximately 1.15 acres.
N:/COMMUNIT~ DEVELOPMENT~WP-FILES'~ZBA\PENDING ~480-327.DOC
Page 8
EXHIBIT "B"
Page 9
EXHIBIT "C"
REGULAR PLANNING AND ZONING
COMMISSION MEETING
January 20, 2000
Motion was made to approve ZA 99-131 subject to Site Plan Review Summary No. 2, dated
January 14, 2000, deleting Item #1 (pitched roof) and incorporating the color rendering presented
tonight; modifying the requested zoning to read "S-P-1" Detailed Site Plan District with "O-1"
Office District uses and sole retail use of interior design, fabric and upholstery sales; and
instructing the applicam to work on language with respect to restaurants and present that to City
Council as an alternative to the approved zoning.
Motion: Peebles
Second: Shankland
Ayes: Peebles, Shankland, King, Horne, Boutte, Creighton
Nays: Sandlin
Approved: 6-1
Motion carried.
(Planning and Zoning Commission meeting, 01-20-00, tape 1, section #2914)
EXHIBIT "C"
REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
FEBRUARY 1, 2000
MINUTES
Motion was made to approve ZA 99-131, Rezoning and Site Plan, subject to the Site Plan Review
Summary No. 2 dated January 14, 2000; accepting the Planning and Zoning Commission
recommendation; with the hours of operation limited to no later than 2:00 a.m.; clarifying the use
for retail is a fabric store.
Motion: Potter
Second: DuPre
Ayes: Potter, DuPre, Edmondson, Fawks, Kendall, Moffat, and Stacy
Nays: None
Approved: 7-0 vote
EXHIBIT "C"
REGULAR CITY COUNCIL MEETING
CONTINUATION OF FEBURARY 15, 2000
FEBRUARY 22, 2000
MINUTES
Motion was made to approve Ordinance no. 480-327, 2'~d Reading (ZA 99-131), subject to the
motion made on the first reading of the ordinance [as noted in the minutes of this meeting].
Motion: Fawks
Second: Edmondson
Ayes: Fawks, Edmondson, DuPre, Potter, Moffat, Stacy
Nays: None
Approved: 6-0 vote
N:\COMMUNITY DEVELOPMENTXWP-FILES/ORD[NANCES\CASE$\480-327.DOC
Page 12
City of Southlake, Texas
Tract Map
ZA99-131
0.5
0
N
S
0.5
I Nil~s
City of Southlake, Texas
Surrounding Property Owners
ZA99-131
Property Owner
Zoning
1. Wydham Properties, Ltd. 1. "S-P-2"
2. J. Tate 2. "O-1"
3. State of Texas
4. Texas National Bank of Southlake 4. "C-3"
5. KC Development 5. "C-3"
6. Gateway Properties JV 6. "C-3"
7. RAM Interests LP 7. "I-1"
8. State of Texas
9. State of Texas
I 0. Wyndham Properties, Ltd.
8."S-P-2"
Land Use Designation
1. Mixed Use
2. Mixed Use
4. Retail Commercial
5. Retail Commercial
6. Retail Commercial
7. Retail Commercial
8. Mixed Use
N:\Communlty Development\WP-FILEffxNOTICE\99Exhibits\99131zgP.doc
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 166203301
FORT WORTH,TX 76102 Invoice Date: 2/4/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 2/29/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 16620330
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: NOTICE OF PUBLI
Publication Date: 2/4/00
Attn: NOTICE OF PUBLIC HEAR.
{-i
9 Notice is hereb given byy the � ' " T � .'� ," �,'
City Council of the Cit �"
Southlake,Texas,that a pub-
lic
February s i02000h din6n lotic 1358 1 100 100 LINE $5.79 $579.00
NOTICE OF the Regular City Council
Meeting to be held in the
City Hl Council7 North Carrell ($498.00)
Sales Discou Avenue,Southlake,Texas.
Purpose of the public hearing
is to consider the second
reading of the following ordi-
nance:
1 CITY OF SOUTHLAKE, $81.00
ORDINANCE NO.480-327 Net Amount:XAS
AN ORDINANCE AMENDING
ORDINANCE NO. 480 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
WITHIN THE CITY OF SOUTH
LAKE. TEXAS BEING LEGAL-
LY DESCRIBED AS LOT 3BLO ,
ADDITIONK ,A GATEWAY PLAZA
NADDITIONTO
THE CITY.OF SOUTHLAKE,
ACCO DING TOTTARANT THE PAT
SLIDES 5365&5 6I6 SPLAY
RECORDS TARRANT COUN-
TY, TEXAS AND BEING AP-
PRIMATELY ACRES
AND MORE FULLY AND COM-
PLETELY DESCRIBED IN EX-
HIBIT'A"THE ST) ERALIZEDF SOI E P ARM N DIS-
TRICT WITH LIMITED "C-3"
COWL),I GENERAL COMMERCIAL DIS-
TRICT USES AS DESCRIBED
IN ORDINANCE NO.480-290
Before r O S DISTRICT
WITH "0-1' or said County andAN State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegrar C WITH
A egram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attache(
SIT-DOWN RESTAURANT nt was published in the above named paper on the ' ed dates:
attaches WITH TABLE
SERVICE,DEP AND ICTED
SITE ,
PLAN H TTACHEDVEHERETO I
AND INCORPORATED HERE- ned
IN AS EXHIBIT"B",SUBJECT
SUBSTO THE SPECIFIC REQUIRE-CONTAINED IrgTHIS IEFORE ME,THIS Thursday,March 09 2000.
ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; /�
PRESERVING ALL OTHER /,/X 1"r //�rit#'64/
PORTIONS OF THE ZONING Notary Public -c�t...
(4),1 /6 .
ORDINANCE; DETERMINING THE PUBLIC NTELERSEATEA WLFFAEDMND H
ZONING CHANGES AND ' DAWN M. KUYKENDALL
AMENDMENTS HEREIN ' COMMISSION EXPIRES >
MADE PROVIDING THAT '=\ t
THIS CUMORDULATIVE
OF SHALL BE SEPTEMBER 13,2009 •
CUMULATIVE OF ALL ORDI-
NANCES PROVIDING A SEV-
Thank NG BFO A PENALTYP ORV D �yment - - - - -
- PROVIDING A SAVINGS`
PUBL CLAUSCATION OINIDTHE O ING OR
CIAL NEWSPAPER AND PRO-
VIDING AN EFFECTIVE DATE.
SECTION 7.
Any person, firm or corpora- Customer ID: CIT57
ion who violates, disobeys, n
Remi l
t omits, neglects, or refuses
to comply with or who re-
sists the enforcement of an 1051 Customer Name: CITY OF SOUTHLAKE
of the provisions of this ordY
nance shall be fined not
Doollaers`ha($2 000.Thousand
o,°s f d .TH, TX 76101-2051 Invoice Number: 166203301
each offense.Each day that pp1.00
a violation is permittedato ex-
ist shall constitute a sepa-
Invoice Amount: $Oate offense.
City of Southlake
Sandra L.LeGrand, PO Number:
City Secretary "
i I
Amount Enclosed: s
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 167471581
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 2/25/00
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 2/29/00
Bill To: PO Number:
CITY OF SOUTHLAKE
667 N CARROLL AVE Order Number: 16747158
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
CITY OF Description: CITY OF SOUTHLA
SOUTHLAKE,TEXAS
ORDINANCE NO.480-327
AN ORDINANCE AMENDING Publication Date: 2/25/00
ORDINANCE NO 480 AS
,�, AMENDED, THE COMPRE 7
i) i.a , HENSIVE ZONING ORDI • _', 0 '.Col Depth Linage MU !� "Rate 3
NANCE OF THE CITY OF F
SOUTHLAKE, TEXAS "
GRANTING A ZONING
CITY OF SOL TRACT OR TTRACTS OF LAND ERTAIN RDIN I358 1 94 94 LINE $5.79 $544.26
WITHIN THE CITY OF SOUTH-
LAKE,TEXAS BEING LE
GAL-
LY DESCRIBED LOT 3,
Sales Discount ADDITION,ON ANGATEWAY
ADD TIONAZA TO ($468.12)
THE CITY'OF SOUTHLAKE,
TARRANT,COUNTY, TEXAS
ACCORDING TO THE PLAT
RECORDED IN CABINET A
SLIDES 5365&5366,PLAT
RECORDS TARRANT COUN-
TY, $76.14
PXMA�ELYND.15EACRES, Net Amount:
AND MORE FULLY AND COM-
PLETELY DESCRIBED IN EX-
HIBIT'A'FROM"S-P-2"GEN-
ERALIZED SITE PLAN DIS-
TRICT WITH LIMITED "C-3"
GENERAL COMMERCIAL DIS-
TRICT USES AS DESCRIBED
IN ORDINANCE NO.480-290
TO "S-P-1" DETAILED SITE
PLAN DISTRICT WITH "0-1"
OFFICE DISTRICT USES, A
RETAIL FABRIC STORE,AND
A SIT-DOWN RESTAURANT
OPEN NO LATER THAN 2:00
P.M. AS DEPICTED ON THE
APPROVED SITE PLAN AT-I
TACHED HERETO AND IN-1
CORPORATED HEREIN AS
EXHIBIT "B" SUBJECT TO
THE SPECIFIC REQUIRE-
MENTS CONTAINED IN THIS
ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP-
THE STAT OTHER
OOGA
ZONING
County of ORDINANCE; DETERMINING
THAT THE PUBLIC INTER-
EST, MORALS AND GENER-
AL WELFARE DEMAND THE
Before me ZONING CHANGES AND said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
AMENDMENTS HEREIN
Telegram, MADEt5RDINANCE PROVIDING
am, Inc.at Fort Worth,in Tarrant County, Texas;and who,after being duly sworn,did depose and say that the
attached cli CUMULATIVE OF ALL ORDI- as published in the above named paper on the •sted dates:
NANCES PROVIDING A SEV-
ERABILITY CLAUSE PROVID-
ING FOR A PENALTY FOR VI- (------Signet .,
OLATIONS HEREOF
PROVIDING A SAVINGS`
CLAUSE; PROVIDING FOR
SUBSCRIB PUBLICATION IN THE OFFI-•RE ME, THIS Thursday,March , 000.
CIAL NEWSPAPER AND PRO-
VIDING AN EFFECTIVE DATE.
SECTION 7. CZ______
Any person, firm or corpora- Notary Public
bon who violates, disobeys,
omits, neglects or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of this ordi- DAWN M. KUYKENDALL
nance shall be fined not
more than Two Thousand �- COMMISSION EXPIRES
_7- v Dollars ($2,000.00) for
Thank 1 each offense.Each day that ,�►� SEPTEMBER 19.2009 -
oa violation is permitted to ex- i
ist shall constitute a sepa Went _ _ _
rate offense. - - - -
PASSED AND APPROVED BY
THE CITY COUNCIL OF THE ''-
CITY OF SOUTHLAKE TEX-
AS,ON THIS THE 15TH DAY
OF FEBRUARY 2000.
MAYOR RICK STACY
ATTEST: 7
Remit To.CITYS CDRA RETARRAND, Customer ID: CIT57
APPROVED AS TO FORM:
E.YLATTORNEY JR., Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 167471581
Invoice Amount: $76.14
PO Number:
Amount Enclosed: IS