Item 6FCity of Southlake
Department of Planning & Development Services
STAFF REPORT
August 1, 2007
CASE NO: ZA07 -066
P ROJECT: Zoning Change and Site Plan for Commerce Business Park
REQUEST: Tri -Dal Ltd. is requesting approval of a zoning change and site plan from "S -P -1"
Detailed Site Plan District to "S -P -1" Detailed Site Plan District to include a
contractor's storage yard. The purpose of this request is to add a two -story office
addition of approximately 4,200 square feet to an existing building. The change of
zoning is required for the "S -P -1" Detailed Site Plan District due to the increase in
square footage from the previously approved site plan. The specific changes include:
• An increase in the floor area of an existing building by approximately 4,200 square
feet for office use.
• Revisions to the exterior elevations associated with the above changes.
The following variance is being requested:
• Sidewalk Sidewalks are required along all street frontages where a City Council
approved site plan is required. This site requires such an approval due to the "S -P-
F zoning. The applicant is requesting a variance to defer the construction of the
sidewalks until adjacent properties have constructed sidewalks. Under the current
regulations, none of the adjoining sites would be required to continue the sidewalk.
New construction intended to increase the square footage by less than 30% of the
existing building or less than 5,000 square feet shall be required to meet the
requirements of Ordinance 544 -A (Landscape Ordinance) only as it pertains to the
square footage of the new construction. In this case additional interior landscaping for
20% of the proposed building square footage will be required to be installed upon the
inspection for a certificate of occupancy for the new building addition. A total of 420
square feet of interior landscape area must be provided and the following plant material
must be provided for the proposed building addition:
1- Canopy Tree
2 — Accent Trees
11 — Shrubs
63 sq.ft. — Ground Cover
8 sq.ft. — Seasonal Color
Case No.
ZA07 -066
ACTION NEEDED: 1. Conduct public hearing
ATTACHMENTS
STAFF CONTACT
2. Consider second reading for a zoning change and site plan
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Site Plan Review Summary No. 3, dated June 29, 2007
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480 -341a
(H) Full Size Plans (for Commission and Council Members Only)
Ken Baker (748 -8067)
Ben Bryner (748 -8602)
Case No.
ZA07 -066
BACKGROUND INFORMATION
OWNER/APPLICANT: Tri -Dal Ltd.
PROPERTY SITUATION: 540 Commerce Street
LEGAL DESCRIPTION: Lot 2R1, Block C, Commerce Business Park Addition
LAND USE CATEGORY: Industrial
CURRENT ZONING: "S -P -1" Detailed Site Plan District to specifically allow "I -1" Light Industrial
District uses plus a contractor's storage yard with outside storage
REQUESTED ZONING: "S -P -1" Detailed Site Plan District to specifically allow "I -1" Light Industrial
District uses plus a contractor's storage yard with outside storage
HISTORY: -A final plat was approved for Commerce Business Park by the City of
Southlake on September 2, 1986.
-A change of zoning from "I -1 " to "S -P -1 " was approved by City Council on
July 7, 1994.
-A plat revision for Lots 2R & 3R, Block C was approved by City Council on
May 17, 1994.
-City Council approved a plat revision for Lot 2R1, Block C in 1995.
-A change of zoning and site plan from "S -P -1" to "S -P -1" was approved by
City Council June 6, 2000. The approved site plan revisions were never
completed by the applicant.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan does not make any recommendations adjacent
to the site. Adequate right -of -way exists adjacent to the site.
Existinz Area Road Network and Conditions
The site currently has three (3) accesses directly onto the Commerce Street and
one (1) access directly onto Market Loop.
Both Commerce Street and Market Loop are 2 -lane local commercial streets
within the Commerce Business Park industrial development.
Case No. Attachment A
ZA07 -066 Page 1
May, 2006 traffic counts on Commerce (between Industrial & E.
Southlake Blvd
24hr
North Bound (NB) (2,225)
South Bound (SB) (2,484)
NB
Peak A.M. (184) 11:15 a.m. -12:15
p.m.
Peak P.M. (263) 4:30 - 5:30 p.m.
SB
Peak A.M. (295) 7:30 -8:30 a.m.
Peak P.M. (230) 12:45 -1:45 p.m.
PATHWAYS
MASTER PLAN
The Pathways Master Plan does not make any recommendations adjacent to
this site. Sidewalks are required along all street frontages. The applicant is
requesting a variance to this requirement.
WATER & SEWER: A 12 -inch water line exists along the east side of Commerce Street and an fl-
inch water line exists along the east side of Market Loop. A 6 -inch sanitary
sewer line exists along the west side of Commerce Street.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
SOUTHLAKE 2025: Consolidated Land Use Plan Recommendations
The land use designation is Industrial and the proposed zoning is consistent
with this designation.
Mobility & Master Thoroughfare Plan Recommendations
A 5 ft. wide (minimum) sidewalk is required along Market Loop and Commerce
Street.
P &Z ACTION: July 5, 2007; Approved (5 -0) subject to Site Plan Review Summary No. 3,
dated June 29, 2007; granting the requested variance.
COUNCIL ACTION: July 17, 2007; Approved first reading on consent (6 -0) subject to Site Plan
Review Summary No. 3, dated June 29, 2007, specifically not granting the
requested variance regarding sidewalks and requiring the sidewalks to be
constructed as required by ordinance but not requiring the sidewalks to be built
until instructed by the City based upon future development around this project
which would provide a tie -in to the sidewalks.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated June 29, 2007. The site is
subject to all previous conditions of approval unless specifically approved
otherwise.
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Case No. Attachment A
ZA07 -066 Page 2
V ic i nity Map
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Case No. Attachment B
ZA07 -066 Page 1
Previously Approved Site Plan
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ZA07-066 Page 1
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ZA07-066 Page 1
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ZA07-066 Page 1
Revised Site Plan
Case No.
ZA07 -066
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Attachment C
Page 3
540 COMMERCE
SOUTHLAKE, TEXAS 76092
TRI DAL UTILITIES, LTD
An Affiliate of Tri Dal, Ltd.
July 31, 2007
City of Southlake
Department of Planning
1400 Main Street #310
Southlake, TX 76092
Re; Case # ZA07 -066 Tri Dal Ltd.
Ben Bryner
METRO (817) 481 -2886
FAX(817) 410 -8024
Tri Dal Ltd. will agree to accept the Council's motion and construct sidewalks along the street frontage of
our property if and only when the adjacent property owners build sidewalks.
For the record we feel a variance should be granted for the reasons as explained in our original request
dated June 19, 2007.
Should you have any questions or comments please feel free to contact me.
Tri IDW Ltd
Jarftefi H. Miller
81Y-319-5144
Case No.
ZA07 -066
Attachment C
Page 4
SITE PLAN REVIEW SUMMARY
Case No.: ZA07 -066
Project Name: Site Plan - Tri -Dal Ltd.
Review No.: Two
Date of Review: 06/29/07
APPLICANT: Tri -Dal, Ltd.
James Miller
540 Commerce St.
Southlake, TX 76092
Phone: (817) 424 -4399
Fax: (817) 410 -8024
ARCHITECT:
Phone:
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/18/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748 -8602.
1. Provide sidewalks along the streets frontages of Commerce St and Market Loop. (A variance has
been requested.)
2. Clarify the label of "stucco product" on the architectural elevation and label as "cement stucco ". It is
staffs understanding that a trite cement stucco application is to be used
Provide a grading plan showing the proposed finished grade of the site shown to contour intervals not
exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to
edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows
in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also
show centerline of water courses and existing drainage easements. Note the City approved benchmark
used for topographical information.
INFORMATIONAL COMMENTS
Masonry construction meeting the requirements of Ord. 557, as amended, is required on the proposed
building expansion.
All development must comply with the City's Drainage Ordinance No. 605 and detain all post
development run -off.
A fully corrected plan that includes all associated support plans /documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped "approved" by the Planning Department.
Case No.
ZA07 -066
Attachment D
Page 1
No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs.
It appears that this property lies within the 75 LDN D /FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
Case No.
ZA07 -066
Attachment D
Page 2
Case No. 07 -066 Review No. Two Dated: June 27, 2007 Number of Pages: 1
Project Name: Commerce Business Park (Zoning / Site Plan)
Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713
The following comments are based on the review of plans received on June 18, 2007 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z
or City Council. It is the applicant's responsibility to contact the department representative shown above
and make modifications as required by the comment.
LANDSCAPING:
New construction intended to increase the square footage by less than 30% of the existing building or
less than 5,000 square feet shall be required to meet the requirements of Ordinance 544 -A (Landscape
Ordinance) only as it pertains to the square footage of the new construction. In this case additional
interior landscaping for 20% of the proposed building square footage will be required to be installed
upon the inspection for a certificate of occupancy for the new building addition.
420' square of interior landscape area must be provided and the following plant material must be
provided for the proposed building addition.
1- Canopy Tree
2 — Accent Trees
11 — Shrubs
63 sq.ft. — Ground Cover
8 sq.ft. — Seasonal Color
Case No.
ZA07 -066
Attachment D
Page 3
COMPREHENSIVE PLAN REVIEW SUMMARY
Case No: ZA07 -066
Review No.: Two
Date of Review: 6/29/07
Project: Commerce Business Park
Application Type: Zoning Change & Site Plan
Contact: Jenny Crosby Phone: (817) 748 -8195
Email: jcrosby @ci.southlake.tx.us
Consolidated Land Use Plan Recommendations
The land use designation is Industrial and the proposed zoning is consistent with this designation.
Mobility & Master Thoroughfare Plan Recommendations
A 5 ft. wide (minimum) sidewalk is required along Market Loop and Commerce Street. A variance has been
requested.
L: \MEETINGS \DRC \REVIEWS \COMP PLAN \2007\ZA07 -066 LOT 2R1 BLK C COMMERCE 2007- 06- 29.DOC
Case No.
ZA07 -066
Attachment D
Page 4
Surrounding Property Owners
Commerce Business Park
sPo # I Owner I Zoning I Land Use I Acreage
1.
1 2
11
Retail Commercial
0.648
9
Holbrook, Thomas M & Lori S
SP1
Retail Commercial
3
3
275 Comerce Ltd
SP1
10 4
2.004
4.
P & P Management
SP1
Industrial
2.153
5.
13 12 11 5
11
Industrial
1.757
6.
14 21 22 23
6
11
Industrial
1.221
7.
15 F 20 1 7
11
Industrial
1.3
8.
16 $
17 j 19 24
11
Industrial
3.95
9
18
SP1
Retail Commercial
Industrial
2.554
10.
30 29 2 27 26 25
SP1
Industrial
4.049
11.
Marvin, H K
11
Industrial
sPo # I Owner I Zoning I Land Use I Acreage
1.
Anderson, Stephen P
11
Retail Commercial
0.648
2.
Holbrook, Thomas M & Lori S
SP1
Retail Commercial
0.751
3
275 Comerce Ltd
SP1
Industrial Retail
Commercial
2.004
4.
P & P Management
SP1
Industrial
2.153
5.
Mannhart, Edwin
11
Industrial
1.757
6.
Rozes, Peter & Kerry
11
Industrial
1.221
7.
Big L Inc
11
Industrial
1.3
8.
Commerce Business Park Jv
11
Industrial
3.95
9
Stacey Real Estate Partner Ltd
SP1
Retail Commercial
Industrial
2.554
10.
Stacy, James R & Diane
SP1
Industrial
4.049
11.
Marvin, H K
11
Industrial
0.935
12.
Ram Interests Lp
11
Industrial
1.038
13.
Bbj & E Ltd
11
Industrial
1.989
14.
Akp Management Llc
11
Industrial
1.442
15.
Amar Saini Corp
11
Industrial
1.66
16.
Wang, Jeff (Chaur- Tarng)
11
Industrial
0.769
17.
Harbor Town Partners Lp
11
Industrial
0.808
18.
Market Loop Ltd
11
Industrial
0.675
19.
Rainier Southlake Dst
11
Industrial
1.634
Case No.
ZA07 -066
Attachment E
Page 1
20.
Tri Dal Excavation & Utilities
SP1
Industrial
6.669
21.
Taylor, Henry A & Carole F
11
Industrial
0.909
22.
Pack, Leon Tr
11
Industrial
0.948
23.
Four Star Investments
11
Industrial
0.994
24.
Rainier Southlake Dst
11
Industrial
1.634
25.
Pima Properties Inc
11
Industrial
0.706
26.
Rainier Southlake Dst
11
Industrial
0.718
27.
Rainier Southlake Dst
11
Industrial
0.734
28.
Rainier Southlake Dst
11
Industrial
0.724
29.
Slj Commerce /Exchange Ltd
11
Industrial
0.742
30.
Rainier Southlake Dst
11
Industrial
0.647
Case No.
ZA07 -066
Attachment E
Page 2
Surrounding Property Owner Responses
Commerce Business Park
Notices Sent: Thirty (30).
Responses Receive: One (1).
• Edwin Mannhart (SPO #5), 375 Commerce Street, submitted a Notification Response Form in
Favor on July 2, 2007 (see attached).
• Rainier Southlake Dst. (SPO #19, 24, 26, 27, 28, 30), Commerce Street, submitted a Notification
Response Form stating Concerns on July 2, 2007 (see attached).
Case No.
ZA07 -066
Attachment F
Page 1
07/01/2007 09.30 8174210746
MANNHAPT INC.
ZA07.066
July 5, 2007
Mannhart, Edwin
651 Industrial Blvd
Grapevine Tx, 76059
7852 A 4
PAGE 01
j6d mail responses t®:
o?p? nent Services
3'Ib
0, 7 '
i s4t.0 akaAK.ari %._.
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEF® E THE START OF THE SCHEIN ED'PUBUC HEAT$ NG
Being the own s) of the propel so noted above, are hereby
in favor of opposed to undeewe4A
Signature: Date:
Additional Signature: _ Date:
Printed Wiin*g iWR3TR 375- CoszmQC StrPPt S.L.
Must be property owner(e) wiEo" e) are printed et lop Otherwise contact the Planning DepaMMerll One form per properly
Phone Number (optli
07- 02--07 03:08 RC.VD
Case No. Attachment F
ZA07 -066 Page 2
Notification Response Form
ZA07 -066
July 5, 2007
Rainier Southlake Dst
13760 Noel Rd Ste 800
Gallas Tx, 75240
7852 C 9
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Site Plan referenced above.
Space for comments regarding your position:
Y !r' e 6W - 7 , `4 6A "zw, tA
Signatur(
Additional Sig
l � r ��
r
1. 1
Date: ' 2 :c 7
/F [6 ,
� /
P ST Date: ) l 2,
Printed Name(s): iwzvlr',� �j e v ,a, a s -
Must be property owner(s) whose names) are printed at top. Ot rwise contact the Planning Department. One form per property.
Phone Number (optional): )C/ c ,23
Direct questions and mail responses to:
City of Southlake
Planning & Development Services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76052
Phone: (817)748 -8069
Fax: (817)748 -8077
Email: plan ning@}a ei.southiake.tx.us
Case No. Attachment F
ZA07 -066 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -341a
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 2RI, BLOCK C, COMMERCE
BUSINESS PARK, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO
THE PLAT RECORDED IN CABINET A, SLIDE 3817, PLAT
RECORDS, TARRANT COUNTY, TEXAS, AND BEING
APPROXIMATELY 6.65 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1"
DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW
"I -1" LIGHT INDUSTRIAL DISTRICT USES PLUS A
CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE
TO "S -P -I" DETAILED SITE PLAN DISTRICT TO
SPECIFICALLY ALLOW "I -1" LIGHT INDUSTRIAL DISTRICT
USES PLUS A CONTRACTOR'S STORAGE YARD WITH
OUTSIDE STORAGE 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
Case No. Attachment G
ZA07 -066 Page 1
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 to specifically allow "I -1" Light Industrial District uses plus a contractor's storage yard
with outside storage 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, ffirther considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
Case No. Attachment G
ZA07 -066 Page 2
to conserve the value of the buildings, and encourage the most appropriate use ofthe 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
Case No. Attachment G
ZA07 -066 Page 3
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being Lot 2R1, Block C, Commerce Business Park, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
3817, Plat Records, Tarrant County, Texas, and being approximately 6.65 acres, and
more fully and completely described in Exhibit "A" from "S -P -1" Detailed Site Plan
District to specifically allow "I -1" Light Industrial District uses plus a contractor's
storage yard with outside storage to "S -P -1" Detailed Site Plan District to specifically
allow "I -1" Light Industrial District uses plus a contractor's storage yard with outside
storage as depicted on the approved Site Plan attached hereto and incorporated herein
as Exhibit `B ", and subject to the specific conditions established in the motion of the
City Council and attached hereto and incorporated herein as Exhibit "C."
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
Case No. Attachment G
ZA07 -066 Page 4
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 ifthe
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
Case No. Attachment G
ZA07 -066 Page 5
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 day of , 2007.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
Case No.
ZA07 -066
day of , 2007.
Attachment G
Page 6
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA07 -066
Attachment G
Page 7
EXHIBIT "A"
Lot 2R1, Block C, Commerce Business Park, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 3817, Plat Records, Tarrant County, Texas,
and being approximately 6.65 acres
Case No. Attachment G
ZA07 -066 Page 8
EXHIBIT "B"
y 3
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Case No. Attachment G
ZA07 -066 Page 9
Fg O
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Case No. Attachment G
ZA07 -066 Page 10
544 COMMERCE
SOUT'HLAKE, TL AS 760.92
TRI DAL UTILITIES, LTD
An Affiliate of Tri Dal, Ltd.
July 31, 2007
City of Southlake
Department of planning
1400 Main Street #310
Southlake, TX 76092
Re: Case # ZA07 -066 Tri Dal Ltd.
Ben Bryner
METRO (817) 481 -2886
FAX(817) 410 -8024
Tri Dal Ltd. will agree to accept the Council's motion and construct sidewalks along the street frontage of
our property if and only when the adjacent property owners build sidewalks.
For the record we feel a variance should be granted for the reasons as explained in our original request
dated June 19, 2007.
Should you have any questions or comments please feel free to contact me.
Tri VW, Ltd
Jwftefi H. Miller
81Y-319-5144
Case No. Attachment G
ZA07 -066 Page 11