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480-004CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-04 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE 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 APPROXIMATELY A 27.81 ACRE TRACT OF LAND OUT OF THE J.N. GIBSON SURVEY, ABSTRACT NO. 591, BEING MORE COMMONLY KNOWN AS LOT 1, BRUMLOW INDUSTRIAL DISTRICT AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM INDUSTRIAL-1 ZONING DISTRICT USES TO INDUSTRIAL-2 ZONING DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUS]i; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas, and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; 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 oil-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 and the general welfare, effect on light and air, the effect on the over-crowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council of the City of Southlake, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied, effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on adequate light and air, the effect on the 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, 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, 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, facilities the adequate provisions 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 Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definition, Phrases, -2- and Works of said zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. That the allowed use of a certain tract or tracts of land being approximately a 27.8] acre tract of land out of the J.N. Gibson Survey, Abstract No. 591, being more commonly known as Lot 1, Brumlow Industrial District and more fully and completely described in exhibit "A" from Industrial-1 Zoning District uses to Industrial-2 Zoning District uses in accordance with the exhibit attached hereto, and incorporated herein, and with the specific requirements contained in the ordinance. Section 2. The City Manager is hereby directed to correct the official zoning district maps 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. 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 present over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with reasonable 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 con, unity. Section 5. 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 ~0ning 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon -3- conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, creates an emergency for the inunediate preservation of the City of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. APPROVED on the 1st reading the c~ / day of PASSED AND PASSED AND APPROVED on the 2nd reading the P day of ~L~-', 1989. S~ndra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- FIELD NOTES Ail that certain lot, tract or parcel of land out of the H. DECFER SURVEY, Abst. 438, and J. N. GIBSON SURVEY, Abstract 591, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in said H. Decker Survey said point being a 1/2 inch iron rod found in the common line of the J. N. Gibson and H. Decker Surveys, said 1/2 inch iron rod being by description NORTH 2660-4/10 feet from the Southeast corner of said Gibson Survey: THENCE South 89 degrees 17 minutes East 1075.95 feet to a Point, said Point being the Northeast corner of said tract; THENCE South 2 degrees 58 minutes East 221.0 feet to a point in the Northwest fenced right of way line of the St. Louis and Southwestern Railroad said point being the Southeast corner of said tract; THENCE with said right of way line South 54 degrees 27 minutes 30 seconds West 1635.10 feet to a point in said right of way; THENCE South 36 degrees 13 minutes West 165.9 feet to a point on the East right of way line of Bru/nlow Avenue said point being the Southwest corner of said tract; THENCE North 4 degrees 46 minutes West 873.05 feet to a point; THENCE North 8 degrees 08 minutes 30 seconds West 420.0 feet to a point, said point being the Northwest corner of said tract; THENCE South 89 degrees 17 minutes East 511.5 feet to the Point of Beginning and containing 27.81 acres. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TIE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared -iDsAL_II iQt✓G-4A- Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT DEC 10 6432765 december 10 CL . 358 1X71 L 71 . 60 42 . 60 SOUTHLAKEATEXAS ORDINANC NO AMEND 48"a NANCE N 0ROEZONINGDINANCE OF THE CITYOF cpUTH- LAKE TEXAS ING A ZONING CHANGE OR TRACTS-IN TRACT OiUTIHLAKE CITY LAND .._._....__.,...L-...»_...._..... BEINGAPPROX TEXAS \ LY A 27 81 ACR E TRACT ACT• OF LAND OF THE 1I ABSTRACT SURVEY ...-....__..-_. BEINGMORE NC). "I BRUMLOWN 1Np O RN. S G N E D SUBSCRIBED MOR LE)I FU ICT LLY qNO BEFORE E , T IS THE 12 $A' - OF �6 CEtti1 IgL►fit 19 r' COMPLETELY NOTARY PUBLIC 5� SCRIBEp IN EXHIBIT"A" FROM INDUSTRI- A ZTONINGuDISTAC T ZONING DISTRICT USES TARRANT COUNTY , TEXAS jui IN ACCORDANCE WITH4 ♦� THE EXHIBIT qT- 11�� �� TACHED ='�� SUE A. RUSSELL WITH THE $pE�EFOCC COMMISSION EXPIRESAFFIDAVITS 00 REQUIREMENTS CON- 01 TAINED IN THIS CO - NANCE CORRECTING (*i.f 0eT0�ER ��� I993 MAP pRE EROVIING ALL OTHER PJRTIONS OF THE NANCE•PROVIDING,SEVERABILITY NG THAN BI. ETERMIN- INTEREST' MORALS S PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT AND GEN02 WEL- �, AND AzFoANRI MEND CHANGES THE AMENDMENTS HEREIN MADE PRO- VIDING A PENALTY NOT TO EXCEEO THE SAND T DOLLARS !brtWC I$2� gNDA e e ram TRATE OFFENSE SHALL REMIT TO: P.O. BOX 970734 • FORT WORTH, TEXAS 76197 ED UPON COMMIT I 643276 VIOLATION OU O OW Nu DER ACCOUNT CIT57 42 • 60 AMOUNT FND PR ECCTIVE DRI ATEGAH NEF. NUMBER DUE Passed and approved this the 1D 1 Sth day of December 1989. Gary ylckes PAGE F Mayor of Southlake S ndra T' City SecretarGrand vy CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 42 . 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS )unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared cs,LE .I)/E e/A- Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE f— DESCRIPTION AD SIZE TOTAL INCHRINE RATE AMOUNT NOV 2 6427165 november 25 CL • 35E 1X80 L 80 • 60 48 . 00 NOTICE OF PUBLIC HEARING NOTICE is hereby given to all interested persons that the City Council of theCItyof Southlake, Texas,will be holding a public hearing on December 5,1989 at 7:30 p.m.667 North Carroll Avenue,Southlake,Texas. Purposeof the hearing istocon- skierthefollowingordinancein second reading: CITYOF ,._ .__......-.__.. .. • ,.,........,_., .. ......,_.___._.__.r__.______. SOUTHLAKE TEXAS ORDINANCE NO.480-04 AN ORDINANCE AMENDING ORDI- ._ _ NANCE NO. 480, THE ZONING ORDINANCE OF THE CITY OF SOUTH- SIG ED , LAKE,TEXAS,GRANT- HIS THE e / DAY O F b rifY7 3-"/19 U ;UB ON A CERTAI CHANGE N TRACT ORN TO BEFORE f1E , OR TRACTS OF LAND NOTARY PUBLIC / /r WITHIN THE CITY OF ,�_i(,( � �` SOUTHLAKE, TEXAS _...._.. . i __,,,44.,.., BEING APACREIMATE- •''1�'. TARRANT COUNTY , TEXAS OF F LAND ACRE TRACT av P�` JO.N. GIBSON SURVEY,T OF j'" ...�4yt ABSTRACT NO.LY KNOWN AS LOT 1, ,,., .... _._..__._. __.._ w /;l �.._�OMM�COMMISSION N EXP�RES Q 1 ,...._.___.. BE NGMORECOMMON- 3 i4 q pp AFFIDAVITS nn ALUDISTRICTT AND _.... — • _.. y14'E...•-.•:,ik+� OCTOSER 27 1J93 ' MORE FULLY AND I%‘w';:'.,-►r COMPLETELY DE- •zni - SCRIBED IN EXHIBIT "A" FROM INDUSTRI- AL-1 ZONING DISTRICT USES TO INDUSTRIAL-2 ZONING DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT AT- HED HERETO WITH THE SPECIFIIc ONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -- REQUIREMENTS CON- — TAINED IN THIS ORDI- NANCE CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI- ort I ING THAT PROVIDI PUBLIC tar.'Felegrani ►SEVERABILITYCLAUSE; DETERMIN- REMIT TO: P.O. BOX 970734 • FORT WORTH, TEXAS 76197 DETERMIN- ING THAT THE PUBLIC INTEREST, MORALS 6t AND FAREGENERAL DEMANDVEL-THE ACCOUNT CIT57 AMOUNT 4 nU ZONING CHANGES AND NUMBER bUE AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY 1 1 NOT TO EXCEED THE PAGE OF SUM OF TWO THOU- SAND DOLLARS ($2000.00) AND A SEPA- RATE OFFENSE SHALL BE DEEMED COMMIT- TED UPON EACH DAY DUR INGOR ON WHICHA VIOLATION OCCURS, ANDPROVIDINGANEF- FECTIVE DATE. City of Southiake Sandra L.LeGrand City Secretary TY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 48 • 00 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED