480-244A CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -244a
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 LOTS 4,
5R1 AND 5R2, T. EASTER NO. 474 ADDITION, SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 7.22
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "S -P -2" GENERALIZED DISTRICT TO "S -P -2"
GENERALIZED 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 "S -P -2" Generalized Site
Plan 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 and 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 described as Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition, Southlake,
Tarrant County, Texas, being approximately 7.22 acres, and more fully and completely
described in Exhibit "A" from "S -P -2" Generalized Site Plan District to "S -P -2"
Generalized Site Plan District with all of the uses and regulations approved with
Ordinance No. 480 -244 to include the additional uses and regulations for Lot 5R2 as
depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit
"B ", and subject to the following conditions:
Ordinance No. 480 -244a (ZA14 -029) 1 Reading, Approved (7 -0) for the property
described as Lots 5R1, 5R2 and 4, (T. Easter No. 474 Addition) but noting that this
only applies to Lot 5R2, (T. Easter No. 474 Addition) and made pursuant to the
following:
• Revised Site Plan Review Summary No. 4, dated August 27, 2014;
• Noting the addition of the C -3 use will be limited to casual furniture and
fireside furnishings and related accessories;
• Noting with respect to the outdoor display area that it will be limited to patio
furniture and related accessories;
• Nothing that the applicant will remove the proposed additional parking prior to
second reading and provide a more detailed landscape plan for that area; and,
• Approving the requested variances to the Driveway Ordinance as presented
on the site plan.
Final action at 2 reading: September 16, 2014; Approved 2 reading (7 -0) subject to
Revised Site Plan Review Summary No. 4, dated September 8, 2014; approving the
requested variances to the Driveway Ordinance as presented on the site plan; and,
accepting the applicant's agreement to add additional landscaping to the traffic island
on the south side of the sidewalk consistent with the rest of the landscaping presented
to the Council this evening.
Staff Review:
1. Since the thirteen (13) proposed additional parking spaces may not be built, the
parking ratio written as an S -P -2 regulation states a ratio of 1:151 square feet parking
required /81 spaces; the additional spaces, if built will bring the ratio to 1:132 square
feet/93 spaces, regardless of use.
2. All driveways /points of ingress /egress must comply with the Driveway Ordinance No.
634, as amended). The following changes are needed:
a. The existing driveway does not meet the minimum stacking depth of 75 feet.
The stacking depth is measured in a straight line from the right of way to the
first turning movement, not following the curve radius. Remove the dimension
around the curve to the parking spaces and dimension and label the stacking
depth in a straight line from the right of way to the first turning movement. The
calculated stacking depth according to your submitted plan shows
approximately 56 feet. A variance has been approved.
b. The existing driveway does not meet the minimum spacing to the existing
driveway to the east. A minimum spacing of 250 feet is required and 245 feet
of spacing is currently shown as provided. A variance has been approved.
TREE CONSERVATION COMMENTS:
An existing 24" Pine tree is proposed to be removed for the construction of the parking
spaces on the southeast side of the access drive. The two (2) parking spaces and the
northeast corner of the east access drive are proposed to be within the critical root zone area
of the existing 36" Cedar Elm tree. The 36" Cedar Elm looks full but is not in good health, has
lots of mistletoe and may be structurally hazardous.
LANDSCAPE COMMENTS:
1. This property is currently in violation of the Plant Material Replacement regulations of
the Landscape Ordinance. The applicant is proposing to provide landscaping to replace
required landscaping that has died during the drought and been removed.
Any existing required plant material which shows dead branching over 75% or more of
the normal branching pattern shall be required to be replaced.
2. The submitted Landscape Plan does not show the proposed parking improvements
and does not indicate if the proposed landscaping will bring the site into compliance with the
Landscape Ordinance regulations.
3. The building area used to calculate the required interior landscape area and plant
material does not match the building area shown on the building.
4. Parking currently exists and is being provided between the front building set back line
and right -of -way. When parking is provided between the right -of -way and the building set back
line, a solid evergreen hedgerow of plants obtaining a mature height greater than three feet
(3') shall be planted. When planted, this hedge shall be a minimum of two feet (2') in height
and planted no further than thirty inches (30 ") on center.
There was an evergreen hedgerow of plant material in front of the west parking but
most of it died and was removed.
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 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.
PASSED AND APPROVED on the 1 reading the 2" day of September, 2014.
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MAYOR
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PASSED AND APPROVED on the 2" reading the 16 day of September, 2014.
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APPROVED AS TO FORM AND LEGALITY:
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CITY A • RNEY ,
DATE: Q,.2-0,5 #11
ADOPTED: 3 : k7 ,, 1 (1, p?QI ((i
EFFECTIVE:-5e
FFECTIVE: -5e i Q-k4lit her i9 8o"-f
EXHIBIT "A"
Being described as Lots 4, 5R1 and 5R2, T. Easter No. 474 Addition, Southlake, Tarrant County,
Texas, being approximately 7.22 acres.
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Regulations exclusive to Lot 5R2
Permitted uses: All C -2 uses with the following C -3 uses:
• Casual furniture and fireside furnishings and related accessories.
• Also permitted — outdoor display of furniture allowed as shown on the approved
site plan.
INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 331488261
FORT WORTH, TX 76102
(817) 390-7761
z s . .r. Invoice Date: 9/19/2014
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To: OCT - 2 2014 Due Date: 9/30/2014
PO Number: 21401478
CITY OF SOUTHLAKE
1400 MAIN ST , s` ,.• -.W r r , Order Number: 33148826
STE 440
OFFICE C I "' ' -r " " f�F � Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn: Attn:ACCOUNTS PAYABLE Publication Date: 9/19/2014
I " DESCr1I CITY OF 480 244a TEXAS L ocate n : Col De Linage " 'MU Rate Amount
AN ORDINANCE AMENDING ORDI-
CITY OF S OU THE C COMPREHENSIVE ZONING 13580 1 59 59 LINE $1.20 $70.80
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 DE- Net Amount: $ 70 . 80
SCRIBED AS LOTS 4, 5R1 AND 5R2,
T. EASTER NO. 474 ADDITION,
SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY
7.22 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "S -P -2"
GENERALIZED DISTRICT TO "S -P-
2" GENERALIZED DISTRICT, AS
DEPICTED ON THE APPROVED SITE
PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EX-
HIBIT "B ", SUBJECT TO THE
SPECIFIC REQUIREMENTS CON-
TAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZON-
ING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING OR- o`Pk� ":,''�, CHRISIY LYNN NOLLA
DINANCE; DETERMINING THAT , ::' e `er Notary Public State 01 Texas
THE PUBLIC INTEREST, MORALS - tvl Commission Expires
AND GENERAL WELFARE DEMAND - ` "'
THE ZONING CHANGES AND 's;' .-'S July 31, 2016
THE STATE ! AMENDMENTS HEREIN MADE; 1........4,,,,,,o
PROVIDING THAT THIS ORDI-
County of Tar NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PRO -
Before me, a VIDING FOR A PENALTY FOR ity and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, pu A SAV NGS 8521 at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clir4 FOR PUBLICATION IN THE OFFI shed in the a.ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 - 70: CIAL NEWSPAPER; AND PROVID- •
ING AN EFFECTIVE DATE.
Any person, firm or corporation who
violates, disobeys, omits, neglects Signed �_ ■ 1 S. 4 t_ , �`
or refuses to comply with or who —
resists the enforcement of any of
SUBSCRIBE the provisions of this ordinance , THIS Tuesday, ' ep • : er 23, 2014.
s
/
hall be fined not more than Two / /
Thousand Dollars ($2,000.00) for
each offense. Each day that a Notary Publi / J 4.,,d `IA , �•� ,
violation is permitted to exist shall
constitute a separate offense.
Passed and approved this the 16th
day of September, 2014 during the
regular City Council meeting.
Mayor: John C. Terrell .
Attest: Lori Payne, City Secretary
Thank You ui 1 Uui r ay11te11L
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 331488261
Invoice Amount: $70.80
PO Number: 21401478
Amount Enclosed: $