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0334-032 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-32 AN ORDINANCE AMENDING ORDINANCE NO. 334, 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 2.3 ACRE TRACT OF LAND OUT OF THE JOHN A. FREEMAN SURVEY, ABSTRACT 529 COMMONLY KNOWN AS LOT 2, BLOCK 1, GREENLEE BUSINESS PARK AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", FROM LIGHT INDUSTRIAL ZONING 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 CLAUSE; 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 ($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 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 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. 334, the Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of August, 1986, 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. A. That the allowed use of a certain tract or tracts of land being approximately 2.3 acre tract of land out of the John A. Freeman Survey, Abstract 529, commonly known as Lot 2, Block 1, Greenlee Business Park and more fully and completely described in exhibit "A" from Light Industrial Zoning 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 community. 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 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 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 ($2,000.00) 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 immediate 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. PASSED AND APPROVED on the 1st reading the day of 1988. PASSED AND APPROVED on the 2nd readi g the day of 1988. -1y AL-~ Jqhnny 14.1 ste m, Mayor City of Southlake f' kf a,T-TEST.,., m B i tl 1lR.3tid~~ S ndra~~~~~~iRL. LeGrand, City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney -4- .Legal description follows: Lot 2, Block 1, Greenlee Business Park, an Addition to the City of Southlake, Tarrant County, Texas according to palt in Volume 388-180, Page 9, Plat Records, Tarrant County, Texas. CITY OF SOUTHIAKE Sandra. L. LeGrand City Secretary ZA 88-06 EXHIBIT "A" .J 0 3 5.` y THE STATE OF TEXAS CA a -�.r Jt County of Tarrant Y S1 CjETAH/ J Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, 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: June 12 , 1988 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.334-32 am & p:1 AMEND- INGN OORDINANCE NO. 334 THE ZONING ORDINANCE OF THE CITY OF SOUTH• LAKE TEXAS GRANTINGA ZON I I4G CHANGE ON ACER- TAIN TRACTOR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS BEING APPRbXIMATEL'/ 2.3 ACRE TRACT OF LAND (t MANOSURVEYO A STRACT Signed 529 COMMONLY KNOWN AS LOT2,BLOCK1 GREENLEE 1 3 t MORIE FULLY AAND CAONM• 1 9 8 8 Subscribed and sworn to before me, this the//�+���------PLETELY DESCRISE. IN EXHIBIT"A" FROM LIGHT INOUSTRIAL`LONINGTOIT - t: :•� - -•�,:,C1�tr ',Notary Public J ( /DUSTRIAL 2 ZONING DIS TRICT. USES IN ACCOR- r t� DANCE WITH THE EXHIBIT 'Texas. ,+ p• D SrlA �! , ATTACHED HERETO,WITH THE SPECIFIC REQUIRE- "\ PJ;; MENTSCONTAINEDINTHIS if ) : n ORDINANCE CORRECTING i x3 ��(��1 " tL ff�;S y- THE OFFICIAL ZONING MAPJ PRESERVING ALL OTHER PORTIONS OF THE t a„!o;,,- hY,-•O^'m. Xp. Ov-23 1;a4 t ZONING ORDINANCE;PRO- VIDING A SEVERABILITY e y z `= �L`-,- 5-C3` .•ru ls, - CLAUSE DETERMINING THAT THE PUBLIC INTER- EST MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS ATTACI- HEREIN MADE' PROVID- THE SF INGAPENALTYNOTTOEX- MENTS CEED THE SUM OF TWO ORDIN< THOUSAND DOLLARS THE 0 (52000.00)ANDASEPARATE MAP- OFFENSE SHALL BE DEEMED COMMITTED ZONING UPON EACH DAY DURING VIDING OR ON WHICH A VIOLATION CLAU ' OCCURS AND PROVIDING THAT 1 ST AN EFFECTIVE DATE. SED AND APPROVED AL wE BYSTHE CITY COUNCIL OF THE Z1 THE CITY OF SOUTHLAKE, AND TEXAS IN SECOND READ- HEREI MO ON JUNE 7,1988. INGAP /s/Johnny H.Westerholm GEED Mayor of Southlake THOUS ATEST: OFTEN /s/Sandra L.LeGrand DEEMf CltySecretary UPON E APPROVED AS TO FORM: OR ON N /s/John F.Boyle,Jr. OCCURS AND PRVviu .,ity ney AN EFFECTIVE DATE. CITY OF SOUTHLAKE /s/Sand City Secretary Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D. NO.22-2573893 DATE DESCRIPTION I AD SIZE I TOTAL INCH/LINE I RATE I AMOUNT /6150265 June 12 AM & PM CL . 008 ' 1X65 L 65 . 35 22 . 75 JUN 12 01 AFFIDAVITS i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.334-32 AN ORDINANCE AMEND- ING ORDINANCE NO. 334 THE ZONING ORDINANCE OF THE CITY OF SOUTH- LAKE TEXAS GRANTINGA ZONI t�IG CHANGE ON ACER- TAIN TRACTOR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY ********************************* ** 23 ACRE EHRACTOE JOHNF ANOUTOF E * * MAN SURVEY, ABSTRACT 529 COMMONLY KNOWN AS * RECONCILE ALL INVOICES WITH * BOUSINEOSSSKIFPARK ENAND MORE FULLY AND COM- I * MONTHLY STATEMENT • * 1PLETELY DESCRIBED IN i EXHIBIT"A" FROM LIGHT * CALL 390-7501 WITH DIFFERENCES • * 'INDUSTRIALLONINGTOIN- * * 1 DUST iTR CT.IAUSESL 2 ZINIA000R- DANCE WITH THE EXHIBIT *********************************;I * I ATTACHED HERETO,WITH THE SPECIFIC REQUIRE- 'MENTSCONTAINEDINTHIS ORDINANCE CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;PRO- 1 VIDING A SEVERABILITY CLAUSE. DETERMINING THAT THE PUBLIC INTER- EST MORALSANDGENER- AL �NELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS k.,,i,- I .La '- s HEREIN MADE; PROVID- EEDPLSY FOOCITY SLQRE. AA CTHEUM OTW THOUSAND DOLLARS ! I S2,000.00I AN D A SE PAR ATE ,...;_cN OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE. PASSED AND APPROVED BY THE_ CITY COUNCIL OF TEXAS INOSECONDHREAD- EMENT PERIOD ACCOUNT NUMBER CURRENT ING ON JUNE 7,1988. is/Johnny H.Westerholm ON RECPT Mayor ofSoAtfEST 6/12 CIT57 /s/Sandra L.LeGrand City Secretary IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTI APPROVED AS TO FORM: ENT AT 817 390-7761.TO ASSIST /s/John F.Boyle,Jr. ( 1 City Attorne US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL ' ,, 9074 FORT WORTH,TEXAS 76199. ,L�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -----* ADVERTISING STATEMENT Fort Worth -\\ REMIT TO P O BOX 99074• FORT WORTH, TEXAS 761 ACCOUNT C I T 5 7 PAYMENT ON RECPT 6150265 NUMBER DUE DATE PAGE 10F 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 22. 75 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D. NO.22-2573893 DATE DESCRIPTION I AD SIZE I TOAL IN HTLINE RATE AMOUNT MAY 25 6141027 May 25 AM & PM CL • 008 1X68 L 68 • 35 23 . 80 01 AFFIDAVI"S NOTICE OF PUBLIC HEARING NO hereby given to interestedTICE Is persons that the Cltyall Council of the Clty of Southl ake, Texas,will be holding a public hearing on June 7,1988,at CCth e uregulairCtYY�Council oncl Chambers of City HaMeetingllo 667 North Carroll Avenue. Southlake,Texas. consider the second rePurpose of the hearings .eotn the following ordir ices. ORDINANCE NO.334.32 ODIEAMEND- ING OR ORDINANCE NO. 334 THE ZONING ORDINANCE OF THE CITY OF SOUTH- TINGA *********ZON O INGCHANGENACER-'************* * TAI N TRACT OR TR ACTS OF LAND WITHIN THETEXYE AS * SOUTHLAKE RECONC B31n"c ETRAGTONFLANDCES WIITH * M O MAN SURVEY, N T . * * CALL 3 9 N0.529COMMONLY KNOWN ASLOT2 BLOSKI GREEN IFFERENCES * LEE BU�INEss PARK AND MORE FULLY AND COM- PLETELY DESCRIBED IN EXHIBIT 'A' FROMLIGHT 1(***�********* 1 1* INDUSTRIAL`LONINGTO IN- _r, I K , i l' DUSTRIAL 2 ZONING DIS TRICT. USES IN ACCOR- DANCE WITH THE EXHIBIT ATTACHED HERETO, !;r; MENTSCONTAINED IN HEIS ORDINANCE CORRECTING \THE OFFICIAL ZONING MAP PRESERVING ALL .� C N: Vi OTHcR PORTIONS OF THE 'y v��^•.nn;v71�x q� ZONING ORDINANCE;SSIL -C3�wr &./ CLAUSE DETERMINING THAT THE PUBLIC INTER ALT,NMELRFAR AND ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVID- INGAPENALTYNOTTOEX- CEED THE SUM OF TWO THOUSAND DOLLARS (S2 000.001 AND A SE PAR AT E OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OCCURS CURRENT OR ON WHICH A VIOLATION CURRENT STATEMENT PERIOD I ACCOUNT NUMBER AN EFFECTIVE DATE. CITY OUTHLAKE /s Saandrsa L.LeGrand ON RECPT Citvsecretary 5/25 — 5/25 CIT57 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS. PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. A.--- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �L ADVERTISING STATEMENT Fort Worth -, REMIT TO P O BOX 99074• FORT WORTH TEXAS 7619 6141027 ACCOUNNUMBER CIT57 PAYMENT DUE DATE ON RECPT PAGE 1 OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 23 .80 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED