480-341A
CITY OF SOUTHLAKE, TEXAS OffiCiAL RECORD
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 WITIDN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2Rl,
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-l" DETAILED SITE PLAN DISTRICT TO
SPECIFICALLY ALLOW "1-1" LIGHT INDUSTRIAL DISTRICT USES
PLUS A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE
TO "S-P-l" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY
ALLOW "1-1" 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 TIDS 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
Page 1
WHEREAS, the hereinafter described property is currently zoned as "S-P-l" Detailed Site Plan
District to specifically allow "1-1" 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 ofSouthlake, 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 who bought or
Page 2
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 ofSouthlake, 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 ofland 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 ofSouthlake, 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 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 "1-1" Light Industrial District uses plus a
contractor's storage yard with outside storage to "S-P-1" Detailed Site Plan District to specifically
allow "1-1" Light Industrial District uses plus a contractor's storage yard with outside storage as
Page 3
depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject
to the following specific conditions established in the motion of the City Council:
1. 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
2. Subject to the following comments from Site Plan Review Summary No.3, dated June 29, 2007:
a. Clarify the label of "stucco product" on the architectural elevation and label as "cement
stucco". It is staff's understanding that a true cement stucco application is to be used
b. 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.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City ofSouthlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts ofland 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 ofSouthlake, 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
Page 4
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 ofland 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 South lake 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,
Page 5
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 17th day of July, 2007.
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PASSED AND APPROVED on the 2nd reading the 7th day of August, 2007.
APPROVED AS TO FORM AND LEGALITY:
DATE: JI-21-
ADOPTED: 9 -7-07
EFFECTIVE: ~'IO-07
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EXHIBIT "A"
Lot 2Rl, 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
Page 8
EXHIBIT "B"
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540 COMMERCE
SOUTH LAKE, TEXAS 76092
METRO (817) 481-2886
FAX(817) 410-8024
TRI DAL UTILITIES, L Tn
An Affiliate ofTri Oal. Ltd.
July 31,2007
City of SouthJake
Department of Planning
1400 Main Street #310
Southlake, TX 76092
Re: Case # ZA07-066 Tri Dal Ltd.
Ben Bryner
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 .fecI 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.
Page 11
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn DEE . FREEMAN
CITY OF SOUTHLAKE Notice is he
RECE11/ED
AUG 2 0 2007
OFFICE OF CITY SECRETARY
THE STATE OF TEXAS
County of Tarrant
INVOICE
Customer ID:
CIT57
Invoice Number:
286919731
Invoice Date:
7/26/07
Terms:
Net due in 21 days
Due Date:
7/31/07
PO Number:
no po
�f I l l SECRECTARYOrder Number:
28691973
y
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
7/26/07
I3580
1 147 147 LINE $0.81
Net Amount:
r- CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
July 31, 2008
$119.07
$119.07
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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) 390-7501 n n
Signed,
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, July
Notary Publ
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: 286919731
Invoice Amount: $119.07
PO Number: no po
Amount Enclosed:
Dy the City Council
of the CitTof
Southlake, exas,
that a public hearing
will be held on Au-
gust 7, 2007, at 5:00
P.m. or immediately
following the Work
Session, during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake
Texas. Purpose o
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE 1
NO. 480-341a
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, 'THE
COMPREHENSIVE1
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLIKE,
TEXAS; GRANTING
A ZONING CHANGE I
ON A CERTAIN'
TRACT OR TRACTS
OF LAND WITHIN
THE sCITV r)R.
D AS LOT
.00K C,
'E BUSI
XRK, AN
TO 'i-HE
SOUTH-
TARRANT
TEXAS,
G TO THE
ORDED IN
A, SLIDE;
PLAT
TAD-:
T
rULLY AIVUi
COMPLETELY DE- I
SCRIBED IN EXHIBIT;
"A" FROM S-P-1"
DETAILED I SITE
PLAN DISTRICT TO
SPECIFICALLY AL-
LOW "I-1" LIGHT
INDUSTRIAL DIS-
TRICT USES PLUS A
CONTRACTOR'S
STORAGE IYARD
WITH OUTSIDE,
STORAGE TO "S-P-
1" DETAILED SITE
PLAN DISTRICT TO
SPECIFICALLY AL-
LOW "1-1" LIGHT
INDUSTRIAL DIS-
TRICT USES PLUS A,',
CONTRACTOR'S'
STORAGE YARD
WITH. OUTSIDE
STORAGE AS DE-
PICTED ON THE
APPROVED SITE
PLAN ATTACHED
HERETO AND IN-
CORPORATED
HEREIN AS EXHIBIT
"B". SUBJECT TO
F
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, 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.
City of Southlake
Lori Payne
City Secretary
AUG 1 7 2007
BY: