480-682 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-682
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 TRACT 4G, ABSOLOM H. CHIVERS
SURVERY, ABSTRACT NO. 299, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 1200 N.
CARROLL AVE., SOUTHLAKE, TARRANT COUNTY, TEXAS,
BEING APPROXIMATELY 1.0 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN
DISTRICT 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 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
Ordinance No. 480 -682 Page 1
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 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
Ordinance No. 480 -682 Page 2
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:
Ordinance No. 480 -682 Page 3
Being described as Tract 4G, Absolom H. Chivers Survery, Abstract No. 299,
City of Southlake, Tarrant County, Texas and located at 1200 N. Carroll Ave.,
Southlake, Tarrant County, Texas, being approximately 1.0 acres, and more
fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-
P-1" Detailed Site Plan District as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit "B ", and subject to the following
conditions:
1. Planning and Zoning Commission motion at October 23, 2014 meeting:
October 23, 2014; Approved (6 -1) subject to Revised Site Plan Review
Summary No. 2, dated October 22, 2014, subject to the staff report dated
October 22, 2014, approving each of the variances as presented,
approving the deviations as set forth in the S -P -1 regulations to the extent
that they deviate from the 0-1 Office District with the following
conditions; that the driveway on E. Highland St. be right -in right -out only,
that the southern articulation on Building 1 will comply with the City's
articulation requirements and the articulation will be addressed prior to
going to City Council.
2. City Council motion at 1 reading November 4, 2014:
November 4, 2014; Approved at 1 reading (6 -0) pursuant to Site Plan
Review Summary No. 3, dated October 27, 2014, accepting Planning
and Zoning's recommendations with the exception of the Highland
entrance that would have a right out only and the applicant with bring
forth design alternatives regarding that exit to Highland, noting that the
applicant will come forth with possibly an alternative site plan that would
move Building 2 further from the fifteen foot setback noted and preferably
to thirty feet, and noting that the applicant will not have any air
conditioning, mechanical or electrical service panel outlets facing Carroll
and that the HVAC equipment will be screened, and noting the variances
approved for the Driveway Ordinance on Carroll and on Highland.
3. City Council motion at 2 reading November 18, 2014:
November18, 2014; Approved at 2 reading (6 -0) approving the site plan as
presented, but accepting the applicant's variance requests for the driveway onto
Highland /Kirkwood for the right in /right out driveway as presented at 1 reading
on November 4, 2014 and the increased impervious coverage and driveway
width due to that change (The Site Plan included in Exhibit B has been revised
to show the right in /right out driveway on Highland /Kirkwood as presented at 1st
reading).
Ordinance No. 480 -682 Page 4
"S -P -1" Detailed Site Plan District
for
Kirkwood Crossing
CITY CASE # ZA14 -119
This site shall comply with all conditions of the City of Southlake Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to the "0-1" uses and regulations with the
following exceptions:
DEVELOPMENT REGULATIONS
1. Roundabout Right -of -Way: Should right -of -way (ROW) be taken for roundabout in the future, the building
setback from the future ROW line shall be fifteen (15) feet. Building setbacks shall remain as shown and noted
on the site plan.
2. Buffer Yards
2.1. Buffer Yards shall be located within and along the outer perimeter of the development. Buffer Yards shall
not be required along interior lot lines of the development.
3. Building Articulation
3.1. All requirements of horizontal and vertical articulation meeting the requirements of Ord. 480, Section
43.19.d.1.c. are required on all facades visible from rights of way as defined in Section 43.19.d, which
includes Carroll Ave. and Highland Street shall apply except where being waived on the north elevation of
the southern, medical office building.
4. Aerobic Waste Disposal System
4.1. The City is currently planning the construction of a sewer line to serve properties along Carroll Avenue
including this property. As a temporary measure, a temporary on -site sewage facility will be allowed on
the 0.89 acre tract instead of the typically required 1 acre tract until such time as the public sewer system
becomes available to the site. The system shall be constructed in a manner to allow direct connection to
the new service and abandonment of the OSSF.
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.
Ordinance No. 480 -682 Page 5
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.
Ordinance No. 480 -682 Page 6
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 in its entirety on the City website 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 it 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.
Ordinance No. 480 -682 Page 7
PASSED AND APPROVED on the 1 reading the 4 day of November, 2014.
MAY R
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PASSED AND APPROVED on the 2 reading the 18 day of November, 2014.
MAYOR
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE: ,4 ,t b i ee ,a0 /,-
ADOPTED: A//,'Veem he /A', 20
EFFECTIVE: No vern beer o 2/, 0 20fI
Ordinance No. 480 -682 Page 8
EXHIBIT "A"
Being described as Tract 4G, Absolom H. Chivers Survery, Abstract No. 299, City of
Southlake, Tarrant County, Texas and located at 1200 N. Carroll Ave., Southlake, Tarrant
County, Texas, being approximately 1.0 acres, and more fully and completely described
below:
Being all that certain 1.00 acre tract of land situated in the A. H.
Chivers Survey, Abstract Number 299, City of Southlake, Tarrant
County, Texas, and being all that certain tract of land conveyed to
Jerrell Dwayne Brown and wife, Charlotte Elizabeth Brown, by
deed recorded in Volume 3776, Page 287, Deed Records, Tarrant
County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with "Britain & Crawford"
cap found for the Southwest corner of said Brown tract, same
being the Southeast corner of that certain tract of land conveyed
to Abiding Grace Lutheran Church, by deed recorded under
Instrument Number D212308035, Official Public Records,
Tarrant County, Texas, same being in the North right -of -way line
of East Highland Street (variable width right -of -way);
THENCE North 00 deg. 49 min. 28 sec. West, along the common
line of said Brown tract and said Lutheran Church tract, passing
the Northeast comer of said Lutheran Church tract, same being a
Southeast corner of Lot 2 -R, Block 1, Chivers Park, an addition
to the City of Southlake, Tarrant County, Texas, according to plat
thereof recorded under Cabinet A, Slide 320, Plat Records,
Tarrant County, Texas, and continuing along the common line of
said Brown tract and said Lot 2 -R, a total distance of 240.00 feet
to a 1/2 inch iron rod found for the Northwest corner of the herein
described tract, same being an internal corner of said Lot 2 -R;
THENCE South 89 deg. 12 min. 28 sec. East, along the common
line of said Brown tract and said Lot 2 -R, passing a 3/4 inch iron
rod found for the Southeast corner of said Lot 2 -R, same being in
the West right -of -way line of said North Carroll Avenue (variable
width right -of -way), and continuing along the North line of said
Brown tract and said North Carroll Avenue, a total distance of
181.50 feet to a point for the Northeast corner of said Brown
tract, from which a 5/8 inch iron rod found bears North 30 deg. 21
min. 21 sec. East, 2.30 feet;
THENCE South 00 deg. 49 min. 28 sec. East, along the East line
of said Brown tract, same being the West right -of -way line of
said North Carroll Avenue, a distance of 240.00 feet to a point for
the Southeast corner of said Brown tract, same being in the
intersection of the West right -of -way line of said North Carroll
Avenue with the North right -of -way line of aforesaid East
Highland Street;
THENCE North 89 deg. 12 min. 28 sec. West, along the South
line of said Brown tract, same being the North right -of -way line
of said East Highland Street, passing a 3/4 inch iron rod found at
a distance of 16.76 feet, and continuing a total distance of 181.50
feet to the POINT OF BEGINNING and containing 43,543
square feet or 1.00 acre of computed land, more or less.
Ordinance No. 480 -682 Page 9
EXHIBIT "B"
Site Plan
(revised to show the right in /right out driveway on Highland /Kirkwood as presented at 1
reading)
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Ordinance No. 480 -682 Page 10
•
SITE DATA SUMMARY CHART
EXISTING ZONING AG
PROPOSED ZONING 5P- I
LAND USE DESIGNATION (LUD) MIXED USE
GROSS ACREAGE 1.00 ACRES
43,543 5F
NET ACREAGE 0.9 I
39,457
PERCENTAGE OF SITE COVERAGE 18%
AREA OF OPEN SPACE 1 4,666 SF
PERCENTAGE Or OPEN SPACE 37%
AREA OF IMPERVIOUS COVERAGE 24,791 5F
PERCENTAGE OF IMPERVIOUS COVERAGE 63%
PROPOSED BUILDING AREA (3,200 + 3800) 7,002 SF
NUMBER OF STORIES I
MAXIMUM BUILDING HEIGHT 30'
PROPOSED GENERAL OFFICE 3,200 SF
FUTURE MEDICAL BUILDING 3,802 SF
TOTAL FLOOR AREA 7,002 5F
NUMBER OF PROPOSED LOTS 2
REQUIRED PARKING
PHASE I - FIRST I ,000 5F (I 000) = 8
GEN. OFFICE (2,200/300) = 8
PHASE 2 MED. OFFICE (3,800/150) = 25
TOTAL 4 I
PROVIDED PARKING PHASE I STANDARD 39
HC 3 _
TOTAL PARKING SPACES PROVIDED TOTAL 42
REQUIRED LOADING SPACES 0
PROVIDED LOADING SPACES 0
AREA OF OUTSIDE STORAGE 0
PERCENTAGE OF OUTSIDE STORAGE 0
Ordinance No. 480 -682 Page 11
Tree Conservation Plan
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Ord inance No. 480 -682 Page 12
Landscape Plan
Legend
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Ordinance No. 480 -682 Page 13
Elevations — Phase I General Office Building
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Case No. 2A14118
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Ordinance No. 480 -682 Page 14
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Ordinance No. 480 -682 Page 15
INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 332229081
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 11/21/2014
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 11/30/2014
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 33222908
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 11/21/2014
IeSCMptlf>71 CITY ODINANCE NO. 80 TEX
6 2 Location , Col Depth " Linage . MU . Rate" Amount ' I
AN ORDINANCE AMENDING ORDI-
CITY OF SOU T1 THE C COMPREHENS COMPREHENSIVE ZONING 1 3 5 80 1 62 62 LINE $1.20 $74.40
ORDINANCE OF THE CITY OF
I ZONING CHANGE
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING LEGALLY DE- Net Amount: $74.40
SCRIBED AS TRACT 4G, ABSOLOM
H. CHIVERS SURVEY, ABSTRACT
NO. 299, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND
LOCATED AT 1200 N. CARROLL
AVE., SOUTHLAKE, TARRANT ; Z y` r
COUNTY, TEXAS, BEING AP /-'-- ,
PROXIMATELY 0.89 ACRES, AND
MORE FULLY AND COMPLETELY `'`" `" i
DESCRIBED IN EXHIBIT "A" FROM Q, L' ,,-,
"AG" AGRICULTURAL DISTRICT TO cc C ' q
"S -P -1" DETAILED SITE PLAN i T y
4 y
DISTRICT AS DEPICTED ON THE I'
APPROVED SITE PLAN ATTACHED -i /V,4 . 0,
� 2 0 ,i
HERETO AND I I/� 5(
HEREIN AS EXHIBIT "B ", SUBJECT 1Ji,
TO THE SPECIFIC REQUIREMENTS ' -//`'
CONTAINED IN THIS ORDINANCE; �� •� ' ' ; r
CORRECTING THE OFFICIAL ZON- �' f ,M'4 otary P Y LYNNE to Of T N
ING MAP; PRESER)✓ING ALL OTHER 3 */ ING I Notary ubifc. State of exos
D
PORTIONS OF THE ZONING OR- /\ 1 My Commission Expires
DINANCE; DETERMINING THAT X,•••,t+e July 31, 2016
THE PUBLIC INTEREST, MORALS - ''____��
THE STATE OF AND GENERAL WELFARE DEMAND
County of Tarrar AM S ENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDI-
Before me, a No N ANCE SHALL BE CUMULATIVE and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Tele ram,
publis O F ALL ORDINANCES; PROVIDING'
9 P A S EVERABILITY CLAUSE; PRO Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping VIDING FOR A PENALTY FOR ad in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7039 ' VIOLAA SAVINGS TIONS HEREOF; PROVIDING -
CLAUSE; PROVIDING
(
FOR PUBLICATION IN THE OFFI- \
�
CIAL NEWSPAPER; AND PROVID
ING AN EFFECTIVE DATE. g Si ned • ,, 1 J\ ; 111, �, C! �`
Any person, firm or corporation who
SUBSCRIBED A violates, disobeys, omits, neglects HIS Tuesday, N , ver y f r 25, 2014.
o
Ill 1
r refuses to comply with or who f
resists the enforcement of any of e / /
the provisions of this ordinance N ota Public .r . / y ►�
shall be fined not more than Two ry AI *a a b.
Thousand Dollars ($2,000.00) for
each offense. Each day that a
violation is permitted to exist shall
constitute a separate offense.
Passed and approved this the 18th
day of November, 2014 during the
Th L k �" r C meeting.
ank You Ma ul John C. Terre ouncil
Attest: Lori Payne, City Secretary
Rem To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 332229081
Invoice Amount: $74.40
PO Number: NO PO
Amount Enclosed: $