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480-181CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -181 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 6.715 ACRES SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, LEGALLY DESCRIBED AS THE NORTHERN PORTION OF LOT 7R AND ALL OF LOT 8, BLOCK 1, GREENLEE BUSINESS PARK, PHASE I AND BEING REVISED TO LOT 8R, BLOCK 1, GREENLEE BUSINESS PARK, PHASE I, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I -1" LIGHT INDUSTRIAL DISTRICT TO "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT, 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 "I -1" Light Industrial District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person G: \ORDTASES \480- 1811RD Page 1 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 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: G AORDICASEMOG- 181.2RD Page 2 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 a 6.715 acre tract of land situated in the John A. Freeman Survey, Abstract No. 529, legally described as the northern portion of Lot 7R and all of Lot 8, Block 1, Greenlee Business Park, Phase I and being revised to Lot 8R, Block 1, Greenlee Business Park, Phase 1, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "I -1" Light Industrial to "SF -20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ". 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. G: \ORD\CASES \480.1811RD Page 3 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. I PASSED AND APPROVED on the 1st reading the _11 day of ( 1995. YOR NLAKF �. 7 �&jTEST: Cl SECRETARY G AORD \CASES \480 -181.2 RD Page 4 PASSED AND APPROVED on the 2nd reading the —�— day of , 1995. YOR APPROVED AS TO FORM AND LEGALITY: TY ATTORNE DATE — l C � ADOPTED: EFFECTIVE: G:\ORD\CASFS\480-181.2RD Page 5 EXHIBIT "A" BEING a 6.715 acre tract of land situated in the John A. Freeman Survey, Abstract No. 529, City of Southlake, Tarrant County, Texas and being all of Lot 8R, Block 1 of the Amended Plat of Greenlee Business Park, Phase I, an addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet , Slide of the Plat Records of Tarrant County, Texas and being a portion of those same two tracts of land as described in deed to David L. Thorne and wife, Beverly A. Thorne, recorded in Volume 11734, Page 1795 of the Deed Records of Tarrant County, Texas ( DRTCT) and to ELFM Corporation, recorded in Volume 9885, Page 826, DRTCT and being more particularly described as follows: BEGINNING at a 1/2" iron rod set in the west line of South Kimball Avenue (60' R.O.W) at the northeast corner of said Lot 8R, Block 1 of the Amended Plat of Greenlee Business Park, Phase I, said point lying in the south line of a tract of land as described in deed to Pumpco, Inc., recorded in Volume 8278, Page 266 of the Deed Records of Tarrant County, Texas; THENCE S 00 0 07'23" E, along the west line of said South Kimball Avenue, 422.27 feet to a 1/2" iron rod set at the corner common to the southeast corner of said Lot 8R, Block 1 and the northeast corner of Lot 7R1, Block 1 of said Amended Plat of Greenlee Business Park, Phase I; THENCE S 89 °00'22" W, departing the west line of said South Kimball Avenue, along the line common to the south line of said Lot 8R and the north line of said Lot 7R.1, 691.90 feet to a 1/2" iron rod set at the corner common to the southwest corner' of said Lot '8R and the northwest corner of said Lot 7R1, said point lying in the east line of a tract of land as described in deed to Southlake Joint Venture, recorded in Volume 9232, Page 708, DRTCT; THENCE N 00 0 20'40" W (Reference Bearing), along the east line of said Southlake Joint Venture tract, 422.25 feet to a 1/2" iron rod found at the corner common to the northwest corner of said Lot 8R, Block 1 and the southwest corner of said Pumpco, Inc. tract; THENCE N 89 0 00'22" E, along the line common to the north line of said Lot 8R and the south line of said Pumpco, Inc. tract, 693.53 feet to the POINT OF BEGINNING and containing 292,480 square feet or 6.715 acres of land. GAORMCASEM480- 181.2RD Page 6 Gq W 0 0 ° b x a - v M i'• pie P �•��5 lip I 1 ��—. .R• ao Mme. t N C w z 0 b w to a Jill v 7 F� i •i e ' 1 E ° $ # ° 4 r� a s I ° i M � u I M tn I I 3 I t 2 Jdi ga $3 2 N L� h O � �a a� a g i�_``1 ('M .09) ' HAY aivamIx H.LAOS a I 1 t{ •- 47 71 y I 1 ��—. .R• ao Mme. t N C w z 0 b w to a Jill v 7 F� i •i e ' 1 E ° $ # ° 4 r� a s I ° i M � u I M tn I I 3 I t 2 Jdi ga $3 2 N L� h O � �a Fort Worth Star-Telegram I'CU. LU. IVV. LL J 1425404 AD ORDER NO. 615881 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS Inty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVER1 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 AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 9/23ME 615881 NOTICE OF PUBLIC I358 1x 77L 77 .55 42.35 09/23-09/23 NOTICE OF PUBLIC HEARING NALLIINTERESTED PERSONS that the City Council of the City of Southlake,Texas,will be holding a public hearing duringthe Regular City - --- --- -- - --- Councilmeeting to be held on October 2 1995,begin- ning at 7:00 P.M.The meet- ing will be held in the City Council Chambers of City Hall,667 North Carroll Ave- nue,Southlake,Texas.The purpose of the public hear- , ing is to consider the follow- mg ordinance: CITY OF SOUTHLAKE ORDINANCE NO.480-181 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- SIGNED NANCE OF THE CITY OF SOUTHLAKE, TEXAS SUBSCRIBED AND SWC CHAN CHANGGEETIN A ZONING ONON A CERTAIN DAY OF 1995 TRACT OR TRACTS OF LAND S E^PTIQEM B E R • ACRE• S SITHE CITYD SOUTH- LAKE, T CKI LYNN WASON `.�f /�.t�K.�( TEXAS BEING 6.715 [� • JOHN FREEMAN IN THE ABSTRACT NO.529,LEGAL- OFFICE OF LY DESCRIBED AS THE GCEMBER 14, 1998 ff C L NORTHERN PORTION OF c. LOT 7R AND ALL OF LOT 8, TARRANT COUNTY,TEXAS CITY SEC►ETARY NESSKPARKRPHASEEIBAND BEING REVIStED TO LOT 8R, BLOC KPAIRK RPH SE I,EENLEE BUSI- NESSAND PLEASE PAY THIS ORI I MORE D °X LY FULLY AND IN - ) RECONCILE WITH MONTHLY STATEMENT. THANK YOU! HIBIT"A" FROM"I-1" LIGHT TE !NE 2OA IA SINGLERI FAMIILYY 'ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT— . RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- Port Worth SERVING ALL OTHER POR TIONS OF THE ZONING 3 rarn ORDINANCE; DETERMINING THAT THE PUBLIC INTER- REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 EST, MORALS AND GENER- AL WELFARE DEMAND THE 615881 ZONING CHANGES AND ADE PROVIDING H THAT NUCM ERT C I T 5 7 AMOUNT 42.35 THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A IF ANY QUESTIONS, PLEASE CALL(817)390-7501 SEVERABILITY CLAUSE; OF 1 PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- D PONGPEFTVVIDIAN EFFECTIVE DATE. City of Southlake,Texas Sandra L.LeGrand C.City Secretary CITY OF SOUTHLAKE 667 N CARROL' AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 42 . 35 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED