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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. ~~? ATTEST: ?tw-- !a CITY SECRET~ ""'"11'",, ,\\ 11TH '" \\' c.,Ov I A I" ......' ,~ o;.J .......;"''f:: '~ ~ d' ..- e. ~ ~ ~.. e. ~ ~ ::.)... 0 * ..".. =,..: .",,: =-: :x= EO: :):.: :. ~. ; fJ) ff c;., .... .... I ....", ......... ,........ "'" *** \\\\\ """,..."" Page 6 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 ~~~ MAYOR '"" ATTEST: ko:Pa CITY SECRETT ",U''''''', ",,"'ou TH/ ~"'" ,..' ~J S .......~~A\.'" ~.... ~ .... ....':.- ~ ~~.. * ..""'~ :1-: ~t1\: :-. . :x: :0: :)>; -: -. ~C'J~ -;. -.. ..-.: -; e. .." " ........ ...... " ...' "'" *** """ "''''"11'\\ Page 7 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" aT 1iAt1D:DllllU.... . ~~ 'P!J'i rea 'fJ.L SVX3~ '3~V'H~OS ;:;::Hlllia~'""o;) . g-rS; ~k._ Sg~N%S~. .~W.HWO~ =-- '>1::)0'. .~~. OJ.' . ""0.,.., ilu,,~'~~'~G1.::;:)~:~:3=:~ -.....'... J~ 'I' ] i U ~ ~il' IA.~ . i ~ ... : p! i ! .ili!. jf).:s i ~ . ~iij;g~: fiJ m .- t..~~ ~:d !b! o I- .J .J <( [l I ... C I- U !!~~ ~~ ill . ~:l:, ~ !~j ::: ;;-..., I ~ I ~ 1i l< , . ..Jr, ~..... ~ ~~ I,. ; I I i~ ~ ;E: ;:..l' ~!lf 8! ~ ~i~ ~ !!lS ~l '-.1 f' ~ fic....; f "'~';:, ! , ! I .. l.~__.-+_~. ~! I ~ 1\.; f~i; \1 j 'j' '-"~ fe., " ~'\\.l I Ly"'= tl~;: '\ l : ! "j 1 i ..I . !~i i; ~ I I , ;i' 1; 1 I ~ -~;-.r::r'::j;\'~:~j 'N.-' '=1 i " , I '\ l~f;IIJ! I ','''~-~, --}", ~ '. ""''-''j r;1 ,; r-r~ .~.~ ;\ l;i ~ ~~~ ! m ~ ~j !i~ I . .~.)~ - ~f '1 ! iij " ! i~:! i 1n . - 1 , II --n ;' . ! ~ j M !-" oil llli ~ J -. !;:.~ ! llii ~ i$;t~ii\ ' 1 m ~!t: i,!f fl"~ ~i " ! :~ dll .. i Pt )1 f i nit <o.lll . ~ ~ i 1 t, I I i I .~. ~ E> ~I~;ll ; '!e ~ I .- :z: :;;) -" i It ~ ..il" 0 ~=~~; : ills;!," ". II: da i ll'ii. !:;lIloil .. llC~,!l. Ii I!~i!~!: i I! i~; ~ ifi~i ,;=~, ';,~ I Page 9 II ~ J -I Ie 1 i i I ! r" I I ~ III ii ! I ! . I l- ii ! ti I II . I ~ = J J I c. J .-' i -I i IE ~t1___1IlI ........---.,....1 -1GQIlI........._- - --...- \ --...........- --...-.--- \ I I I , ,.. , I ? I J I . i I I ~i ......1._ II -- I I U Ii ULO J:O ,- ~l ~ ::>;g ! liSi.1i i ': '5~~ i ~ '5 j ~~I"'l: .fl:;. ...., !!Sc ~1 d! ~1~lii U Page 10 540 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: