Item 7D •
IMF INIM,
11. City of Southlake
•ut la e Department of Planning
lbw
STAFF REPORT
April 12, 2002
CASE NO: ZA02-025
PROJECT: Tracts in the H. Decker Survey and the Brumlow Industrial District
REQUEST: On behalf of Joe L. Wright, Wright Development Co. is requesting approval for a
zoning change to 1-1", Light Industrial District.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of second reading for zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Surrounding Property Owner Map
(E) Surrounding Property Owner's Responses
(F) Ordinance No. 480-394
STAFF CONTACT: Ben Bryner(481-2086)
Case No.
ZA02-025
BACKGROUND INFORMATION
L
OWNER: Joe. L. Wright
APPLICANT: Wright Development Co.
PURPOSE: The purpose of this request is to receive zoning for industrial development.
PROPERTY SITUATION: The property is approximately 31 acres of land located on the northwest
corner of State Highway 26 and Mustang Drive.
LEGAL DESCRIPTION: Tract 1A Brumlow Industrial District and Tracts 1B3, 4B1, and a portion
of Tract 1B1B in the H. Decker Survey, Abstract No.438
LAND USE CATEGORY: Industrial
CURRENT ZONING: "AG"Agricultural District and"I-2" Heavy Industrial District
REQUESTED ZONING: "I-1" Light Industrial District
HISTORY: There is no development history on this piece of property.
LTRANSPORTATION
ASSESSMENT: The site has one access directly onto State Highway 26 in Grapevine. The
drive aligns with Mustang Drive across S.H. 26.
P&Z ACTION: March 21, 2002; Approved(4-0).
CITY COUNCIL ACTION: April 1, 2002; Approved first reading on consent (5-0)
STAFF COMMENTS: Please note that a change of zoning to the "I-1" Light Industrial District
does not require a Concept Plan. This property is not residentially adjacent
and does not have frontage on any of the City's designated corridor rights-
of-way.
N:\Community Development\WP-FILES\MEMO\2002cases\02025Zdoc
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Case No. Attachment A
ZA02-025 Page 1
Vicinity Map
Tract 1A Brumlow Industrial District and
Tracts 1 B3, 4B1 , and a portion of Tract 1 B1 B
in the H. Decker Survey, Abstract 438
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Case No. Attachment C
ZA02-025 Page 1
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•/ �.$ '.FSS1�82 ! Q.r'. 5ITUATED IN THE H. DECKER SURVEY, ABSTRACT NO. 438
SLAV 4/ CITY OF SOU TH1.AKE. TARRANT. COUNTY. TEXAS.
.0/ '4'.,.'''. JOB. NO. 202-99009.00 DATE: JUNE. 1999
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Case No. Attachment C
ZA02-025 Page 2
L Surrounding Property Owners
Tract lA Brumlow Industrial District and
Tracts 1 B3, 4B 1 , and a portion of Tract 1 B 1 B
in the H. Decker Survey, Abstract No. 438
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Owner Zoning Land Use Acreage
1. C.Emery 1. AG 1. Industrial 1. 31.6
2. J.Cernicek 2. MH 2. Industrial 2. 0.46
3. J.Hale 3. MH 3. Industrial 3. 0.46
4. L.Auld 4. MH 4. Industrial 4. 0.31
5. E.Sikes 5. MH 5. Industrial 5. 0.46
6. T.Caudle 6. MH 6. Industrial 6. 0.51
7. A.Willett 7. MH 7. Industrial 7. 0.44
8. L.Hendoza 8. MH 8. Industrial 8. 0.45
9. B.Ammerman 9. MH 9. Industrial 9. 0.45
10. N.Alford 10. MH 10. Industrial 10. 0.43
11. J.Coker 11. MH 11. Industrial 11. 0.40
12. P.Thompson 12. MH 12. Industrial 12. 0.40
13. J.Anderson 13. MH 13. Industrial 13. 0.38
14. Conoco 14. I2 14. Industrial 14. 0.48
15. Petroleum Co.of Tx. 15. I2 15. Industrial 15. 15.0
kir 16. City of Grapevine 16. 16. I 16.
17. Shamrock Pipeline Corp. 17. I2 17. Industrial 17. 27.0
18. J.Wright 18. AG 18. Industrial 18. 30.7
Case No. Attachment D
ZA02-025 Page 1
Surrounding Property Owner Responses
(kw Tract 1A Brumlow Industrial District and
Tracts 1B3, 4B1, and a portion of Tract 1B1B
in the H. Decker Survey, Abstract No. 438
Notices Sent: Eighteen (18)
Reponses: One (1) response was received from within the 200' notification area:
• Jimmy Hale, 1234 Woodsey Ct., Southlake, Tx., is opposed. (Received March 18,
2002)
Case No. Attachment E
ZA02-025 Page 1
CITY 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
1A, 1B3,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, 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
ç
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
District and"I-2"Heavy Industrial District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment F
ZA02-025 Page 1
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
Case No. Attachment F
ZA02-025 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 1A, 1B3, 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"
Case No. Attachment F
ZA02-025 Page 3
Heavy Industrial District to "I-1" Light Industrial District.
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
fir► 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.
Case No. Attachment F
ZA02-025 Page 4
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.
(hi,,. The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment F
ZA02-025 Page 5
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 day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
Case No. Attachment F
ZA02-025 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA02-025 Page 7
•
EXHIBIT "A"
Being Tracts 1A, 1B3, and a portion of 1B1B, situated in the H. Decker Survey,Abstract No. 438,
and being approximately 30.8163 acres.
Feb. 18, 2002
Property Description
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 the 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;
L
Case No. Attachment F
ZA02-025 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., as 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
iron 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.
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Case No. Attachment F
ZA02-025 Page 9