480-372CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-372
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 PORTIONS OF LOTS 1 & 2,
BLOCK B, COMMERCE BUSINESS PARK, BEING 3.029
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "1-1" INDUSTRIAL
DISTRICT AND "S-P-l" DETAILED SITE PLAN DISTRICT
TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-2"
LOCAL RETAIL COMMERCIAL DISTRICT USES TO
INCLUDE GAS STATION WITH CONVENIENCE STORE, AS
DEPICTED ON THE APPROVED CONCEPT 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 role 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
Page 1
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "I-l" Industrial
Distr~ct and "S-P-l" Detailed Site Plan 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 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
Page 2
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 unrea~0nably 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
0F 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
Page 3
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being portions of Lots 1 & 2, Block B, Commerce Business Park, an addition to
the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388-214, Page 60, Plat Records, Tarrant County, Texas, .and being
approximately 3.029 acres, and more fully and completely described in Exhibit
"A" from "I- 1" Industrial District and "S-P- 1" Detailed Site Plan District to "S-P-
1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses to
include gas station with convenience store 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
incoq>orated 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,
Page 4
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 enco. uraging the most
appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall he 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
Page 5
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.
I .
PASSE ) A 'eROVED on the 1st reading the ~ day of ~001.
~o'",,,,,, ATTEST:
. O ...... *. ~I~'~'S~CRETARY
Page 6
PASSED AND APPROVED on the 2nd reading the l~ day of ~~l~01.
?^~.. ......... ..,~
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:~
EFFECTIVE:
Page 7
EXHIBIT "A"
Being portions of Lots 1 & 2, Block B, Conunerce Business Park, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page 60,
Plat Records, Tarrant County, Texas, and being approximately 3.029 acres.
Page 8
EXIIIBIT "B"
Page 9
EXHIBIT "C"
REGULAR CITY COUNCIL MEETING
1400 MAIN STREET
SOUTHLAKE, TEXAS
SEPTEMBER 18, 2001
MINUTES
Motion was made to approve ZA01-072, subject to the Site Plan Review Summary gl, dated July
13. 2001; granting the variances requested, and noting that the vertical and horizontal articulation
looks better; the pitched roof construction looks better; and based on the applicant's willingness to
exceed the landscaping requirements.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
DuPre
Standerfer, DuPre, Stephen, Evans
Shankland, Potter
4-2 vote
Page 10
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 205440291
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 9/21/01
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 9/30/01
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 20544029
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 9/21/0:.
,•toiditi Cfll th �a �' .qu,,,....Raw .� �nt
CITY OF SOUTHLAKE,TEXAS CITY 13580 1 121 121 LINE $6.08 $735.68
CITY OF SOUTH-
Sales Discount CITY OF SOUTH- ($637.67)
LAKE, TEXAS
ORDINANCE NO.
480-372
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS $98.01
AMENDED, 'I V E Net Amount:
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
A ZONING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS
PORTIONS OF LOTS
1 & 2 BLOCK B,
COMMERCE BUSI-
NESS PARK, BEING
3.029 ACRES AND
MORE FULLY AND
COMPLETELY DE-
SCRIBED IN EXHIBIT
A" FROM "I-1" IN-
DUSTRIAL DIS-
' TRICT AND "S-P-1"
THE STATE 0' DETAILED SITE
PLAN DISTRICT
County of Tarn WITH "C-2" LOCAL
RETAIL COMMER-
CIAL DISTRICT US-
Before me, a N ES TO
IOINCLUDEN ITH said County and State,this d personally appeared Christy Holland, Bid and Legal Coordinator
for the Star-Te STORE, AS D O N v E N I E ND E E- g 1e Star-Tele ram, Inc. at For rt,9, County,in Tarrant Texas-"andduly and who, after beingsworn,did
S
deposePICTED ON THE
and sat ,ping of an advertisement s I� ished in the abo er gaper on the listed ates:
APPROVED CON-
CEPT •PLAN AT-
TACHED HERETO
AND INCORPORAT- Signed /4
ED HEREIN AS EX-
HIBIT "B", SUBJECT
SUBSCRIBED) REQUIREMENTS
I RE ME,THIS Monday, Se temba(24,20 1.
CONTAINED IN THIS � / I J /'te( -�'
ORDINANCE;E OF-COR- / / '1 `/��J1( l//
RIECCIAL TZONIING Notary Public
MAP; PRESERVING
- ALL OTHER POR-
TIONS OF THE
ZONING oRDI- ,,,•,"If,,..,, VICKI L. WgSON—'.
NANCE; DETER- ♦ `1.
MINING THAT THE i• .. I
PUBLIC INTEREST, ! MY COMMISSION EXPIRES
MORALS AND GEN-
ERAL WELFARE AUGUST 28,2004
Thank You ] wG CHANGESZAND.nt
AMENDMENTS
HEREIN MADE-
...._. ...... _...... PROVIDING THArt....................._.............................................._.- .......-.....--._........-..-..---....----..-.......--.----.................
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV-'.
ERABILITY CLAUSE;'
•Remit TO. PENALDTY FOR VIO-- Customer ID: CIT57
LATIONS HEREOF;
PROVIDING A SAE INGS CLAUSE;; Customer Name: CITY OF SOUTHLAKE
PROVIDING FOR
• THLICATIOFALI
E FICI �X 76101-2051 Invoice Number: 205440291
NEWSPAPER AND
PROVIDING AN EF-, Q p
FECTIVE DATE.
SECTION 7. Invoice Amount: $98.01
Any person, firm or corporation who :.......:...M
vio-
lates, PO Number: µ.
later,disobeys,omits,
neglects or refuses to v..: ....,-
.....:..
complywith or who Amount Enclosed:resists the 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 Rana rat. nf_
CITY COUNCIL iOF
SOUTHLAKE OF
AS,ON THIS THE TEX-
AS,DAY OF SEP-
MAYORERICK 0STACY
ATTEST: SANDRA L.
LEGRAND CITY
SECRETARY
APPROVED AS TO
FORM: E. ALLEN
TAYLRNR EYR' CITY
ATTO
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 204898501
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 9/7/01
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 9/30/01
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 20489850
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 9/7/01
�y
._...........__......... :.....:. ., a' :..... .:. ._.............................:.... '%) :'tea.'
::.....::.
CITY OF SOUTHLAKE,TEXAS NOTIC 13580 1 131 131 LINE $6.08 $796.48
Sales Discount CITY
OF ($692.80)
LAKE TExAs
NOTICE vras
given to all knta
Misc Fee lib of Cityrsons that the of $2.43
Southlake,Texas,will
be holding a
city public
regular during theCouncil
meeting to be held on
September 18, 2001,
at 7:00 p.m. The Net Amount: $106.11
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-
ing: CITY OF
SOUTHLAKE TEXAS
ORDINANCE NO.
480-372
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED, 'THE
COMPREHENSIVE
ZONING ORDI-
THE STATE O' •OFNCESOOUTHiAKE�
County of Tarr A ZEXONING CHANGE
ON A CERTAIN
Before me, a N OFACLAND WITHIN said County and State,this personally appeared Christy Holland,Bid d Legal Coordinator
THE CITY OF
for the Star-Te SOUTHLAKE TEx-le Star-Telegram, Inc. at F rt or , in Tarrant County,Texas;and who, fter being duly sworn, id
depose and san AS BEING
LEGALLYiping of an advertisement a u ished in the above nam er on h Iiste d tes:
PORTIONS OF LOTS
1 & 2 BLOCK B,
COMMERCE
PARK, BEING Signed
3.029 ACRES AND
MORE FULLY AND
SUBSCRIBED A COMPLETELY DE-RE ME,THIS Friday, September 07, 200
SCRIBED IN EXHIBIT
A' FROM "1-1" IN-
DUSTRIAL DIS-
TRICT y ( 6-)C1(0(1)1 --
DETAILED AND "S-P-1" NOter PUbIIC C/t SITE
PLAN DISTRICT TO
"S-P-1' DETAILED
SITE PLAN DIS-
TRICT WITH "C-2"LOCAL RETAIL VICKI L.WASON
COMMERCIAL DIS-
TRICT USES TO IN- !' rI MY COMMISSION EXPIRES
GASCL sVE- AUGUST 28,2004
TIE WITH CONVE- `
TION �ti
Thank You l DEPICTEDTON YAEent
APPROVED CON-
CEPT PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED
HEREIN AS EX-
HIBIT "B" SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
Remit To: ' ECTINGHE CTCOOF- Customer ID: CIT57
FICIAL ZONING
I ALL OTHER RPOR Customer Name: CITY OF SOUTHLAKE
TIONS OF THE
NANCE DET R'=TX 76101-2051 Invoice Number: 204898501
MINING THAT THE Q
MORALS'AND GEN- Invoice Amount: $106.1 1
ERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE'
THIS OVIDORDINANAT Amount Enclosed: -�
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
NEWSPAPER. AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to
comply with or who
resists the enforce
ment of any of the
provisions of this or-
dinance shall be fined
not
Thousmore and than Two
rs
($2,000.00) for eDolach
offe thal
a violation it ermitter
to exist shall consti-
tute a separate of-
fense.
Sandra L. LeGrand
City Secretary
City of
Southlake, Texas