480-187C CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-187c
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 "1 -1" LIGHT INDUSTRIAL DISTRICT USES TO
INCLUDE RETAIL FURNITURE SALES (AS PERMITTED UNDER
ORDINANCE NO. 480 -187), INDOOR ENTERTAINMENT USES, PRE-
SCHOOL AND KINDERGARTEN USES, TO "S -P -1" DETAILED SITE PLAN
DISTRICT WITH "1 -1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE
RETAIL FURNITURE SALES (AS PERMITTED UNDER ORDINANCE NO.
480 -187), INDOOR ENTERTAINMENT USES, PRE - SCHOOL AND
KINDERGARTEN USES AND "0-1" OFFICE DISTRICT 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 Tight and air; effect on the over - crowding of the land; effect on the concentration of
population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered
among other things the character of the districts and their peculiar suitability for particular
uses and the view to conserve the value of the buildings, and encourage the most
appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public
interest clearly requires the amendments, and that the zoning changes do not unreasonably
invade the rights of those who bought or improved property with reference to the
classification which existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic,
and other dangers, promotes the health and the general welfare, provides adequate light and
air, prevents the over - crowding of land, avoids undue concentration of population, and
facilitates the adequate provision of transportation, water, sewerage, schools, parks and
other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that
there is a necessity and need for the changes in zoning and has also found and determined
that there has been a change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change since the tract or tracts of land
were originally classified and therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are called for, and are in the best
interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote
the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of
Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and
amended, is hereby amended so that the permitted uses in the hereinafter described areas
be altered, changed and amended as shown and described below:
Being described as 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 "1 -1" Light Industrial District Uses to include retail furniture sales (as
currently permitted under Ordinance No. 480 -187), and indoor entertainment
uses to "S -P -1" Detailed Site Plan District with "1 -1" Light Industrial District Uses
to include retail furniture sales (as currently permitted under Ordinance No. 480-
187), indoor entertainment uses, pre - school and kindergarten as depicted on
the approved Site Plan attached hereto and "0-1" Office District Uses and
incorporated herein as Exhibit "B ", and subject to the following specific
conditions and any prior conditions approved by City Council pertaining to this
property and its operation:
1. There shall only be a maximum of 7,500 square feet of "0-1" Office
District Uses (as shown under Exhibit `B') allowed.
The following conditions are part of approved Planning Case ZA08 -109
(Ordinance No. 480 -1878) and shall still be required with this revised
ordinance. The conditions are as follows:
1. Granting the requested variance for the reduction of the landscaping and
parking island, and subject to the Staff Report dated January 2, 2009.
2. This use will be limited to the 6,000 s.f. as proposed in the revised site
plan received on February 3, 2009; the playground equipment must be
installed to meet City code and requirements.
3. Installation of Japanese holly outside the fence that will eventually grow
six feet in height; requiring the installation of a wrought iron fence which
would be anchored as presented except that the applicant will add stone
columns in accordance with existing spacing that already exists on the
rest of the building with no less than four columns.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City
of Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described
shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing
sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning
Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and
affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to
both present conditions and the conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-
crowding of land; to avoid undue concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface water, parks and other
commercial needs and development of the community. They have been made after a full and
complete hearing with reasonable consideration among other things of the character of the
district and its peculiar suitability for the particular uses and with a view of conserving the
value of buildings and encouraging the most appropriate use of land throughout the
community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and
that if the validity of the zoning affecting any portion of the tract or tracts of land described
herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance
but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance 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 1 day of May, 2012.
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PASSED AND APPROVED on the 2nd reading the 15 daj/'Qf,,May 0.1''2.
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DATE: 9
ADOPTED: j' /!Q,{�/ /5 7O/2.
EFFECTIVE: •/ 0 0 2 D / °2
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.
EXHIBIT "B"
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Permitted Uses at 280 Sports Complex
1. Retail Sale of Furniture as depicted on the approved concept plan per Ordinance No. 480 -187.
2. Indoor Entertainment Uses as depicted on the approved site plan per Ordinance No. 480 -
187a.
3. Preschools and Kindergartens
"1 -1" Light Industrial Permitted Uses Other Permitted Uses
1. Bakery 1. Sport Classes: Gymnastics,
2. Cabinet Shop Cheerleading, Swimming, Karate, Golf
3. Candle Manufacturing and similar type classes
4. Candy Facility 2. Bounce House
5. Clothing Manufacturing 3. Arcade and Cafe
6. Commercial School 4. Gift Shop
7. Compounding of Cosmetics and 5. Haircuts
Toiletries 6. Indoor Playcare
8. Ice Cream Manufacturing 7. Art
9. Janitorial or Cleaning Services 8. Music
10. Mini Warehouses 9. Photography
11. Store Fixture Sales 10. Yoga
12. Warehouses 11. Educational Tutoring
13. Community Facility Uses 12. Sports Enhancement Training
13. Personal Training
14. and similar type uses
Permitted "0-1" Office Zoning District Uses (7,500 square foot maximum within entire building)
Office Uses
1. Accounting and tax preparation; 15. Duplication and mailing services;
2. Adjustment and collection services; 16. Employment services;
3. Advertising agencies; 17. Engineering;
4. Architecture; 18. Finance;
5. Banking; 19. Interior design;
6. Billpaying services; 20. Land surveying;
7. Business corporate headquarters (when 21. Law;
used for office purposes only); 22. Management consultants;
8. Business holding and investment services; 23. Optometrists;
9. Chamber of Commerce; 24. Other offices of a business and /or
10. Chiropractors; professional nature providing services not
11. Computer services; including the retail sale, fabrication,
12. Consumer and mercantile credit reporting; manufacture or production of goods or
13. Contractors offices (provided no outside merchandise.
storage or display is permitted); 25. Physicians;
14. Dentists; 26. Podiatrists;
27. Psychiatrists; 32. Securities and commodities brokers,
28. Psychologists; dealers, underwriters and exchange
29. Radio recording and television offices;
broadcasting offices and studios; 33. Stenographic services;
30. Real estate and insurance; 34. Title companies;
31. Savings and Loan; 35. Travel bureaus or services;
36. Utility offices;
Community Facility Uses
1. Public, semi - public and private parks;
2. Recreation and open space to include playgrounds, parkways, greenbelts, ponds and lakes,
botanical gardens, pedestrian paths, bicycle paths, equestrian bridal trails, nature centers, and
bird and wildlife sanctuaries;
3. Libraries;
4. City halls, fire and police stations, and other municipal uses; and
5. Other uses of a similar nature and character.
Applicant Letter
In 2007, 280 Sports was a nothing but a very lofty idea. I came before P82, and City
Council with the idea of creating one spot for families to gather and enjoy family time.
Children could enjoy gymnastics, while siblings enjoyed swimming, karate,
cheerleading, moms and dads could get a latte and watch their children run and jump in
the comfort of an indoor facility. The family could stop by the restaurant after grabbing a
haircut and eat a healthy dinner together before heading home. There would be so
many different activities offered that families could visit 3 or 4 times a week.
It has been four years since that dream of mine started to become a reality. We are
now home to: 17 businesses and several more to come. Our concept brought 11
business to Southlake from other locations, 3 moved from Southlake itself, and 3 are
brand new businesses that chose Southlake and our concept.
4 years ago I presented a parking plan with the SUP that explained how this concept
could help balance parking that is normally a problem with after school type businesses.
We would include a pre- school that operated opposite hours of the other tuition based
programs. We would always take into account, from a developing standpoint, the traffic
impact on our neighborhood, Our plan has worked and we have provided a happy place
for tens of thousands of families. It was difficult to predict the future tenant mx when
this was just a concept. Now, we have identified an ancillary uses that wouldocontinue
to mitigate any potential parking issues and service the families that visit 280 Sports.
We respectfully request your consideration in the addition of the O (1) use so that we
can include support businesses such as chiropractors, physical therapists, or massage
therapists.
Currently Allowed:
Ice Cream Manufacturing
Bakery
Clothing Manufacturing
Candy Facility
Candle Manufacturing
Commercial School
Community Facility Uses
Would like to add:
Office
Sincerely,
Christie Abercrombie
280 Sports
2 Al2.° 03
INVOICE
Star= Telegram Customer ID: CIT57
808 Throckmorton St. rrrr ����MM Invoice Number: 321402481
FORT WORTH, TX 76102 JUlr m 5 2
(817) 390 -7761 Invoice Date: 5/19/2012
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 5/31/2012
Bill To: PO Number: 21200238.
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 32140248
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn:Attn: ACCOUNTS PAYABLE Publication Date: 5/19/2012
DescH tlon Loeation Col 7-je h Lm a ~MtJ Rate Amount .,
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 72 72 LINE $17.29 $1,244.84
Sales Discount ($1,131.72)
Misc Fee $10.00
Net Amount: $123.12
,•1:.a: Pao, CHRISTY LYNNE HOLLAND
?_ *��,.'••`,�? Notary Public, State of Texas
.^/., " /4 My Commission Expires
''';'4,,,i3V July 31, 2016
THE STATE OF TEXAS t °"'s""" ""
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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) 215 -2323 (�
Signed ��+ \-
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Ma , iii. 1
Notary Public , , , I y ..s OA II i,„ / /
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 321402481
Invoice Amount: $123.12
PO Number: 21200238.
Amount Enclosed:
r1
•
CITY OF SOUTHLAKE
ORDINANCE NO. 480 -187C
AN ORDINANCE AMENDING ORDI-
NANCE 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 DE-
SCRIBED AS LOT 2R, BLOCK B,
COMMERCE BUSINESS PARK,
BEING APPROXIMATELY 4.15
ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EX-
HIBIT "A" FROM "S -P -1" DE-
TAILED SITE PLAN DISTRICT WITH
"1 -1" LIGHT INDUSTRIAL DISTRICT
USES TO INCLUDE RETAIL FUR-
NITURE SALES (AS CURRENTLY
EXISTS), INDOOR ENTERTAIN-
MENT USES, PRE - SCHOOL AND
KINDERGARTEN USES, TO "S -P -1"
DETAILED SITE PLAN DISTRICT
WITH "1 -1" LIGHT INDUSTRIAL
DISTRICT USES TO INCLUDE RE-
TAIL FURNITURE SALES (AS
CURRENTLY EXISTS), INDOOR
ENTERTAINMENT USES, PRE-
SCHOOL AND KINDERGARTEN
USES AND "0 -1" OFFICE DISTRICT
USES AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED
HEREIN AS EXHIBIT "8", SUBJECT
TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZON-
ING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING OR-
DINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND
THE ZONING CHANGES. AND
AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PRO -
8, VIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING
A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER; AND PROVID-
ING AN EFFECTIVE DATE.
Any person, firm or corporation who
N 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.
Passed and approved this the 15th
day of May, 2012 during the regular
City Council meeting.
Mayor: John Terrell
Attest: Alicia Richardson, City Sec-
retary