480-187aCITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480 -187a
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 2R, BLOCK B, COMMERCE BUSINESS
PARK, BEING APPROXIMATELY 4.15 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S -P -1 " DETAILED SITE PLAN DISTRICT WITH 9-1 " LIGHT
INDUSTRIAL DISTRICT USES AND TO INCLUDE THE RETAIL
SALE OF FURNITURE TO "S -P -1" DETAILED SITE PLAN
DISTRICT WITH 1-11" LIGHT INDUSTRIAL DISTRICT USES TO
INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY
EXISTS) AND INDOOR ENTERTAINMENT 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 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 -1" Detailed
[ •
Site Plan District with "1 -1" Light Industrial District uses to include retail furniture sales 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 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 legally described as Lot 2R, Block B, Commerce Business Park, an addition
to the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 7211, Plat Records, Tarrant County, Texas, being approximately
4.15 acres, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "S-P-1" Detailed Site Plan District with "I -1 " Light
Industrial District uses to include retail furniture sales to "S -P -1" Detailed Site Plan
District with 1 -1" Light Industrial District Uses to include retail furniture sales (as
currently exists) and indoor entertainment uses as depicted on the approved Site
Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the
following specific conditions:
q
3.
4.
5
6
Subject to Site Plan Review Summary No. 2, dated August 31, 2007;
Subject to applicant's representations - truck doors, color schemes (will
bring examples or sample boards by next reading);
Provide buffering and fencing along the north side;
Will add columns and possibly wainscot on the north side to break up
facades;
Will look at list of uses prior to second reading;
and, P &Z recommendations: Approved subject to Site Plan Review
Summary No. 2, dated August 31, 2007; removing 10 parking spaces as
shown on mark up
7. Subject to the applicant's presentation specifically relating to the agreement
to add landscaping as described;
8. Providing buffering and fencing along the north boundary of the property;
9. Approving the specific 1 -1 uses of: ice cream manufacturing, bakery,
clothing manufacturing, candy facility, candle manufacturing, commercial
school, and community facility uses;
10. Approving 154 parking spaces;
11. and, subject to Site Plan Review Summary No. 3, dated September 26, 2007.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
c. R
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.
x
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 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 1st reading the 18 day of September, 2007
MAYOR
ATTEST:
Act CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 2 nd day of October, 2007
AYO R
ATTEST:
BP '��G34 JLu o <
U9161011L
Ach nq CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY /
CITY ATTORNEY
DATE: I
ADOPTED: 10-M-07
EFFECTIVE: 10 � 07
Y
EXHIBIT "A"
Being legally described as Lot 2R, Block B, Commerce Business Park, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7211, Plat
Records, Tarrant County, Texas, being approximately 4.15 acres.
' Y • � i
EXHIBIT "B"
"S -P -1 " Letter
The "S -P -1" regulations for development and uses shall follow the 1 -1" district with the following
exceptions:
1) Limited "I-1" uses as noted on the following letter dated September 24, 2007 from
Christie Abercrombie and to include indoor entertainment uses as depicted on the
attached site plan exhibits;
2) Parking requirements as depicted on the attached site plan, as approved, which is
approximately ratio of 1 space per 538 square feet for all permitted uses;
3) Bufferyards for the majority of the north, west and south property lines shall not be
required due to existing pavement. Plantings are proposed in accordance with the
attached landscape plan.
4) Impervious coverage to be permitted as currently exists (90 %).
September 24, 2007
Dear Dennis and City Council,
x
Out of the list of 44 permitted uses, I have deleted 33 of the uses. I am requesting a small list
remain because they could become accessory uses to what we plan to do if we ever have a
difficult time renting the entire space as instructional use. For example: Clothing
Manufacturing. I own a leotard manufacturing business. We make the leotards for the
gymnasts. I might want to move that into a small space at some point.
The list I am requesting stay are:
1. Bakery
2. Cabinet Shop
3. Candle Manufacturing
4. Candy Facility
5. Clothing Manufacturing
6. Commercial School
7. Compounding of Cosmetics and Toiletries
8. Ice Cream Manufacturing
9. Janitorial or Cleaning Services
10. Mini Warehouses
11. Store Fixture Sales
12. Warehouses
13. Community Facility Uses
Thank you,
Christie Abercrombie
280 Sports LLC
>
Site Plan
7
- - - - -- - - ----
Site Plan
v. r of 1
Parking Evaluation
Probable
Square
# Kids at
# of
# of
Sport -Class
Footage
Freak
instructors
Cars
Gymnastics
93,680
48
6
18
6 classes with 8 kids
Cheerleading
13,6801
60
3
8
2 teams of 30 kids
Swimming
5
40
10
30
10 classes of 4 kids
Karate
5,000
40
3
15
2 classes of 20 kids
Bounce House
10,500
30
2
24
one party of 30 kids
Golf
6,850
4
4
6
4 classes with one child
Arcade and Cafe
1.000
n/a
9
1
none additional = service for people waiting
Gift Shop or haircuts
1,000
n;a
1
1
none additional - service for people waiting
Indoor Playcare
1,920
30
2
2
all of these moms drop off
Art
3,000
8
2
0
parents are encouraged not to watch
Music
3,500
5
5
0
parents are encouraged not to watch
Photographer
1,000
1
1
2
one client, one photographer
Yoga for moms
3
20
2
15
2 classes of 10 adults
Tutoring
2
5
2
2
parents are encouraged not to watch
Sports Enhancement
Training
4
16
2
10
2 classes of 8 kids
Personal Training
6,000
5
5
10
5 clients with a personal trainer each
this is where the parents that do stay will
Common Areas
25.190
0
0
0
watch
Total
104,280
312
53
1
Parking Evaluation
Our tenants are structured so that there is a mix of boys and girls. The concept is to have enough
flexibility that mom can. drop off all the kids for classes at the same time. Average i' of kids per family
is 3. In this scenario we can take the maximum # of kids and divide it by three to get the number of cars.
However, that would assume that every mother was staying and nobody drops off. With this formula we
- vvould need 104 spaces for parents and 51 for instructors = 155 spaces if each program peaked at exactly
the same time and every parent stayed.
2. This scenario uses a parking survey that I conducted on my last facility in Valencia, California, It was
conducted the first Nveek in April 2006. The program was open for five years with exactly the same type
of tenant mix. We had dance, karate, gymnastics, trampoline and tumbling, Pilates.for moms, art,
music, summer camps, after school programs, and the best birthday -,
y parties. I feel this st udy show
scenario that is likely to occur. Rather than an educated guess of how many children. will be enrolled in
each program and how many moms choose to stay; it shows the reality of how it really pans out.. This
study shows a maximum of 27 cars at 4:42 on a Thursday afternoon. Also, this facility- did not have a
drop off zone. I believe this will greatly alleviate any possible traffic congestion during peak times.
Since that facility was almost 20,000 square feet we can multiply everything by 5 to be equivalent to this
space. That would mean 1 3 15 cars, at peak
Please know that I am not new at building ids sports complexes. 11 grew my facility in California 7 times in 7
years. At the three year mark I opened a second location in one of the most difficult cities to get zoning
approval within the county of Los Angeles. lwas instrumental in getting the codes changed in that city to
include new regulations for programs like this. It was a long process and in the end the mayor asked me to sit
on his committee that changed the plumbing codes for the entire state of California. That mayor is now a State
Assemblyman. I was also nominated last year by Inc. Magazine as one of the 100 fastest growing companies in
America in the Recreation Industry. They don't have a.Kids Sports Industry, This concept of putting kids
sports together in one facility is sweeping the nation! This is a dream come true for the moms of Southlake and
all other morns who shuttle each of their children cross town. to all of their sports. We all know the
demographics of Southlake and how much the families love their s[x)rts. This facility will allow many families
to cut down on driving time and spend a little more family time at home. It also allows the children to
participate in more activities because there is not driving time added to mom's day.
Thank you for your time and consideration.
Sincerely,
Christie Abercrombie
General Floor Plan
A f � • I v 3
General Floor Plan
V 4r •
Building Elevations
I yl I
Landscape Plan
A 1 . y I
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INVOICE
-DraftOnly
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
Bill To:
RECEIVED
NOV -.. 2 M07
CITY OF SOUTHLAKE (][ 6�i
1400 MAIN ST OFFICE OF CIW SECRUARY
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS PAYABLE
CITY OF SOUTHLAKE OKDINANCE NO 13580 I
Sales Discount
Misc Fee
THE STATE OF TEXAS
County of Tarrant
OCT 3 U OG7
BY:
121
Customer ID:
CIT57
Invoice Number:
289628091
Invoice Date:
10/5/07
Terms:
Net due in 21 days
Due Date:
10/31/07
PO Number:
no po
Order Number:
28962809
Sales Rep:
005
Description:
CITY OF SOUTHLA
Publication Date:
10/5/07
Linage A�riuunt
-,U _. _Rate
121 LINE
$0.81 $98.01
Net Amount:
Nr CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
?; {ira July 31, 2008
($5.00)
$5.00
$98.01
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator 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
attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed�h
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday,
Notary
Thank You For Your Payment
-------------------------------
Remit To: Star -Telegram Customer ID:
P.O. BOX 901051 Customer Name:
FORT WORTH, TX 76101-2051 Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
289628091
$98.01
no po
-W 'OkR �, ass i
INVOICE r ,, .,
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED
Invoice Number: 288831931
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 9/14/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
OCT - 1 ';07 Due Date: 9/30/07
Bill To: PO Number: no po
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 28883193
1400 MAIN ST
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Date: 9/14/07
" - -.> 4,,"A', Legal Notices
:Descr><p"t�on � � Location; Col Depth Linage MU `'Rate Amount
CITY OF SOUTH- TAIL SALE OF
TO "S-
CITY Notice is LAKE hereby given 1\ P-1"DETAILED SITE 13580 1 135 135 LINE $0.81 $109.35
PLAN DISTRICT
by the City Council WITH "I-1" LIGHT
Southlake,the City of INDUSTRIAL DIS-
that b public hearing Ter TRICT USES TO IN-
thang
will be held on Oc- CLUDE RETAIL
tober 2,2007,at 5:00 FURNITURE SALES
foil or immediately (AS CURRENTLY- Net Amount: $109.35
following the Work EXISTS) AND IN-
session, during the DOOR ENTERTAIN-
Regular City Council MENT USES, AS
meeting to be held DEPICTED ON THE
in the City Council APPROVED SITE
Chambers of Town PLAN ATTACHED
Hall, 1400 Main HERETO AND IN-
Street, Southlake, CORPORATE D
Texas. Purpose of HEREIN AS EXHIBIT
the public hearing is "B", SUBJECT TO
to consider the sec- THE SPECIFIC RE-
ond reading of the QUIREMENTS CON-
following ordinance: TAINED IN THIS
ORDINANCE ORDINANCE; COR-
NO. 480-187A RECTING THE OFFI-
AN ORDINANCE CIAL ZONING MAP;
AMENDING ORDI- PRESERVING ALL
NANCE NO. 480, AS OTHER PORTIONS
AMENDED, THE OF THE ZONING
COMPREHENSIVE ORDINANCE; DE-
ZONING ORDI- TERMINING THAT ,
NANCE OF THE CITY THE PUBLIC INTER-
OF SOUTHLAKE, EST, MORALS AND _ ..
TEXAS; GRANTING GENERAL WELFARE - ---'" -
A ZONING CHANGE DEMAND THE ZON- ;,,
ON A CERTAIN ING CHANGES AND - ','+aISTY L.HOLLAND
TRACT OR TRACTS AMENDMENTS
OF LAND WITHIN HEREIN MADE; , $ COMMISSION EXPIRES
PROVIDING THAT .!'`.•'y-
THE CITY OF July 31,2008
SOUTHLAKE, TEX- THIS ORDINANCE •.',i���E'.•`�
TH AS BEING LEGALLY i SSHALL BE
OF CU ALL
DESCRIBED LOT ORDINANCES; PRO-
Col ME2R, BLOCK B, COM-ES VIDING A SEVER-
PARK, BUSINESS ABILITY CLAUSE;
PROX, BEINGELY 4.1P-5
PROVIDING FOR A.
bet ACRES, AND MORE PENALTY FOR VIO-yday personally and State,this appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
FULLY AND COM- CATIONS HEREOF; pp y
Tell PLETELY• DE- PROVIDING A SAv-at Fort Worth,in Tarrant County,Texas;and who,after beingdulysworn,did deposeand that the
SCRIBED IN EXHIBIT INGS CLAUSE; say
atta A" FROM "s-P-1" PROVIDING FOR;hed in the ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
DETAILED SITE PUBLICATION IN
(81, PLAN DISTRICT THE OFFICIAL
WITH "1-1" LIGHT NEWSPAPER; AND
INDUSTRIAL EIS- PROVIDING ANTIVEE. EF-DA
TRICT USES AND TO .F SECTIONT7. Signed V \`INCLUDE THE RE- Any person, firm or
corporation who vi-
olates, diso
SUBSCRIBED AND SWC neg ecttseyor THIS Tuesday, pte er 1 ,2007.
refuses to comply
with or who resists
the enforcement of
any of the provisions Notary Public
of this ordinance
shall be fined not
more than Two
Thousand Dollars
($2,000.00) for each
offense. Each day
Thank You For Yc that a violatiOn is
permitted to exist
shall constitute a
separate offense.
-City of Southlake
Lori Payne
City Secretary
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 288831931
Invoice Amount: $109.35
PO Number: no po
Amount Enclosed: $