480-394CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-394
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 lA, lB3, AND A
PORTION OF 1B1B, SITUATED IN THE H. DECKER
SURVEY, ABSTRACT NO. 438, AND BEING
APPROXIMATELY 30.8163 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT AND I-2" HEAVY
INDUSTRIAL DISTRICT TO "I-l" LIGHT INDUSTRIAL
DISTRICT, 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
Page 1
District and "I-2" Heavy Industrial 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 heating 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
Page 2
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 Tracts lA, lB3, and a portion of 1B1B, situated in the H. Decker Survey,
Abstract No. 438, and being approximately 30.8163 acres, and more fully and
completely described in Exhibit "A" from "AG" Agricultural District and "I-2"
Heavy Industrial District to "I-1" Light Industrial District.
Page 3
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 commemial 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
Page 4
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 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
Page 5
provisions, then the City Secretary shall additionally publish this ordinance in the official City
new spaper 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
{/hi' dayof ~
~ ATTEST:
? ACfI'ING CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ~_~ay of ~
,2002.
,2002.
MAYOR
Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORN~
ADOPTED:
Page 7
EXHIBIT "A"
Being Tracts lA, IB3, and a portion of 1B1B, situated in the H. Decker Survey, Abstract No. 438~
and being approximately 30.8163 acres.
Property Description
Feb. 18,2002
30 6485 acres of land situated in the H. Decker Survey, Abstract Number 438, Tarrant
County, Texas, and being tracts of land owned by Joe L. Wright, as recorded in Volume
8060, page 27, Tarrant County Deed Records, and also being as recorded in Volume
15338, Page 341, Tarrant County Deed Records, and also being that certain tract of
land conveyed to Armada Marketing Corporation as recorded in Volume 7060, Page
1269, Tarrant County Deed Records, said 30.6485 acres of land also being a portion of
Tract 1, Brumlow Industrial District, as recorded in Volume 388/127, Page 89, Tarrant
County Plat Records, said 30.6485 acres of land being more particularly described by
metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found in tho northwesterly line of the St. Louis and
Southwestern Railroad right-of-way, and being the southwest corner of that certain tract
of land conveyed to Continental Oil Company as recorded in Volume 5908, Page 861,
and Volume 6502, Page 417, Tarrant County Deed Records, Toro Petroleum
Corporation, Volume 5753, Page 415, Tarrant County Deed Records, Charter
International Oil Company, Volume 6028, Page 616, Tarrant County Deed Records, and
APCO Oil Corporation, Volume 5956, Page 977, Tarrant County Deed Records;
THENCE South 54 degrees 27' 30" West, along said northwesterly right-of-way line
680.86 feet to a 1 inch iron rod at the southeast corner of a tract or parcel of land
conveyed to BWL, Inc., a Delaware Corporation, as recorded in Volume 6860, Page
467. Tarrant County Deed Records;
THENCE North 02 degrees 55' 40" West; leaving said northwesterly right, of-way line,
and along the east line of said BWL, Inc. Tract 220.85 feet to a 1 inch iron rod in the
north line of the aforementioned said, BWL, Inc. Tract from whence a steel post bears
North 02 degrees 55' 40" West 1.0 feet, and from whence an axle bears South 89
degrees 13' 00" East, 255.29 feet;
THENCE North 89 degrees 13' 00" West, 558.93 feet along the north line of said Tract 1
and the north line of said BWL, Inc. Tract to a 1 inch iron rod at the southeast corner of
that certain tract of land conveyed to William D. Tate, Trustee, as recorded in Volume
6820. Page 511, Tarrant County Deed Records;
THENCE North 00 degrees 17' 43" East, 1180.40 feet along the east line of said William
D Tate, Trustee, Tract, and along the general line of a fence to a 5/8 inch iron rod at the
northwest corner of the aforementioned Armada Marketing Corporation Tract;
THENCE South 89 degrees 50' 58" East, along the north line of said Armada Marketing
Corporation Tract, 1113.09 feet to a 5/8 inch iron rod at the northeast corner of same
and in the west line of the aforementioned Continential Oil Company, et al, Tract;
Page 8
THENCE South 00 degrees 17' 02" East, along said west line, 545.24 feet to the a 5/8
inch plastic capped iron rod stamped "Transystems" In the westerly line of a Tract of
land conveyed to Conoco Inc., a§ recorded in Volume 15338, Page 339, Tarrant County
Deed Records, said rod also being the beginning of a non-tangent curve to the right
having a radius of 175.00 feet and long-chord bearing. South 18 degrees 29' 14" East, a
distance of 115.58 feet;
THENCE along said curve in a southwesterly direction through a central angle of 38
degrees 33' 58", an arc distance of 117.79 feet to a 5/8 inch plastic capped iron rod
stamped "Transystems";
THENCE South 37 degrees 46' 13" West, a distance of 55.71 feet to a 5/8 inch plastic
capped iron rod stamped "Transystems";
THENCE South 82 degrees 15' 29" West, a distance of 46.86 feet to a 5/8 inch plastic
capped iron rod stamped "Transystems" and beginning of a non-tangent curve to the
right having a radius of 832.00 feet and long-cord bearing South 57 degrees 57' 02"
East, a distance of 115.36 feet;
THENCE along said curve in a southeasterly direction, through a central angle of 7
degrees 57' 02", and an arc distance of 115.45 feet to a 5/8 inch plastic capped iron rod
stamped "Transystems";
THENCE North 06 degrees 27' 21" West a distance of 46.62 feet to a 5/8 inch plastic
capped iron rod stamped "Transystems";
THENCE North 37 degrees 46' 13" East a distance of 54.80 feet to a 5/8 inch plastic
capped iron rod stamped "Transystems" and being on the easterly line of the
aforementioned Continential Oil Company, et al, Tract;
THENCE South 00 degrees 47' 45" East, along said east line 215.00 feet to a 5/8 inch
~ron rod found for the northern corner of a tract of land conveyed to Joe L. Wright, as
recorded in Volume 15338, Page 0341, Tarrant County Deed Records, said rod also
being the beginning of a non-tangent curve to the right having a radius of 768.00 feet
and a long-cord bearing south 38 degrees 05' 14" East, a distance of 57.54 feet;
THENCE along said curve in a southeasterly direction through a central angle of 03
degrees 50' 46", an arc distance of 51.55 feet to a 5/8 inch iron rod;
THENCE South 36 degrees 09' 51" East, a distance of 36.74 feet to a 5/8 inch iron rod
found in the northwesterly line of the Dartpac Railroad (100' wide right-of-way, a.k.a. St.
Louis and Southwestern Railroad);
THENCE South 53 degrees 50' 13" West, along said Dartpac Railroad right-of-way, a
distance of 64.38 feet to the POINT OF BEGINNING and containing 30.6485 acres of
land.
Page 9
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 213322031
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 4/19/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 4/30/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 21332203
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 4/19/02
CITY OF SOUTHLAKE,TEXAS ORDIN 13580 1 111 111 LINE $6.08 $674.88
Sales Discount CITY OF
SOUT NA TEXAS ($584.97)
ORDINANCE NO.
480-394
AN ORDINANCE
NANCEINO. 480RAS
AMENDED, 'THE
COMPREHENSIVE
ZONING
NANCE OF THE CITY Net Amount: $89.91
OF SOUTHLAKE,
TEXAS, GRANTING
O ZONING CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS TARAPOR1 ION AOFREcEuyE 1B1B, SITUATED IN
THE H.DECKER
SURVEY, AB-
STRACT NO. 438.
PROXIMATELY
Mp.RE3 ACRES
U R YS AND APR 2 6 r" i)
COMPLETELY DE-
SCRIBED IN EXHIBIT
THE STATE OF TE RI ULRTOURALG GIs- —
T ICT AND 1-2" OFFICE OF CM ,;;_Cr-;.-•,.Nr,,
County of Tarrant HEAVY INDUSTRIAL
DISTRICT TO 1-1" `—_______.__-.. i
LIGHT INDUSTRIAL
DISTRICT,SUBJECT� and State,this day
me,a Notan TO THE SPECIFIC ounty personally appeared CHRISTY L. HOLLAND, Bid and Legal Coordinator
for the Star Tele REQUIREMENTS
Bral CONTAINED IN THIS Telegram, Inc. at Fort W th, in Tarrant County,Texas;and who,after being duly sworn, did depose and say
that the attached clil ORDINANCE; COR-
RECTING THE OF- t was published in the o e n ed paper on the listed dates: BIDS 81 L ALS DEPT. STAR TELEGRAM
(817) 390-7182. Nlgp LPRESERVING ,
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
NANCE; DETER- Signed
MININGUBI NTEREST
SUBSCRIBED AND: MORALS AND
GEN-
ERAL lE THIS Monday, ,
WELFARE I Apr'I 22 2.
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE Notary Public
PROVIDING THAT ---
THIS ORDINANCE , +I +r"Y°u VICKI L.WASON
SHALL BE CUMU- f.
LATIVE OF ALL � +
ORDINANCES,
=_I, '_ M1'COMMISSION EXPIRES
PROVIDING A SEV- �s
Thank You For, EROVID NCLAUSE,
- t "j°F``+ AUGUST 28,2004
PENALTY FOR VIO- �`
LATIONS HEREOF;
INGSVIDINCLAUSE-
PROVIDING F R
PUEBLICATION IN
OFFICIAL
Star- NEgqWSPAPER' AND
Remit To: FECTIVE DA TE EF Customer ID: CIT57
SECTION 7.
P.O. Any person,
a thoi0rp firm
Customer Name: CITY OF SOUTHLAKE
latesdisobee feat
FOR crrofiey wor w ho
76101-2051 Invoice Number: 213322031
reslats the et ofyenforce-
povisionsaof this oof r
dinance shall be fined Invoice Amount: $89.91
not more than Two
Thousand Dollars PO Number:
($2,000.00) for each
offense.Each day that I
a violation is permitted Amount Enclosed: $
to exist shall conatl-
tute a separate of-
fense.
PASSED AND AP-
PROVED BY THE
CITY COUTNYCIL OFO
SOUTHTHE LAKE, TEX-
16th DAY OF APRIIL
MililliIIM+?00n.R RICK STACY
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 212723861
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 4/4/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 4/30/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 21272386
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 4/4/02
t : t t '1. 1 0,
NOTICE OF PUBLIC HEARING CITY I3580 1 122 122 LINE $6.08 $741.76
NOTICE OF PUBLIC
HEARING
CITY OF SOUTH-
LAKE, TEXAS
NOTICE was hereby
given to all interested Net Amount: $7 .76
persons that the City
Council of the City of
Southlake,Texas,will
be holding a public
hearing during the
regular city council
meeting to be held on
April 16,2002,at 6:00
p.m. or immediately
following the work
session.The meeting
will be held in the City
Council Chambers of
Town Hall,1400 Main
Street, Southlake,
Texas.Purpose of the
hearing will be held
regarding the follow-
inORDINANCE NO.
480-394
,N ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED, 'THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
A ZONING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
X- lic in and for said County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator
SOUTHLAKE,
C IBED AL Y Ic ed by the Star-Telegram, Inc.at Fort o h i Tarrant County,Texas;and who,after being duly sworn,did depose AS , and say
i TRACT PORTION'AND 'of an advertisement was published in a e med paper on the listed dates: BIDS& EGAL DEPT. STAR TLEGRAM
I 1B1B, SITUATED IN
THE H. DECKER
AB-
AND B NO. 438, Signed 1�)J i_ �/�
AND BEING AP- ,(/ Lire
6(____ ,
PROXIMATELY
30.8163 ACRES
AND ND MORE
)RN TO BEFORE ME, THIS Friday,April 12,200 ii)0501 _
DESCRIBED IN EX-A G R"A"FROM"AG" '
AGRICULTURAL
DISTRICT AND 1-2" Notary Public
HEAVY INDUSTRIAL ._—.___—
DISTRICT TO 1-1"
LIGHT INDUSTRIAL ea�o' u{:, VICKI L.WASON
DISTRICT,SUBJECT ? �b
TO THE SPECIFIC ,`!' MY COMMISSION EXPIRES
REQUIREMENTS b
ThCONTAINED IN THIS AUGUST 28,2004
ORDINANCE; COR-
RECTING THE OF- --- - —
FICIAL ZONING •
—— MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
NANCE; DETER-
MININGUBI INTEREST
S AND GEN-
MORALwELFARE. Customer ID: CIT57
Rey DEMAND THE ZON-
ING legram
AND
A M E NAD M E N T S oX 901051 Customer Name: CITY OF SOUTHLAKE
HEREIN MADE',
WORTH,TX 76101-2051 Invoice Number: 212723861
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; Invoice Amount: $741.76
PROVIDING A SEV-
ERABILITY CLAUSE;
PROVIDING FOR A PO Number:
PENALTY FOR VIO-
LATIONS HEREOF; ..r
PROVIDING A SAV- Amount Enclosed:
INGS CLAUSE $
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER' AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any-person, firm or
me enforce-
ment of any of the
provisions of this or-
dinance 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 consti-
tute a separate of
tense.
Kim Bush
Acting City Seco
12.
Teof e
xas -