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480-471CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO.480-471 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 LEGALLY DESCRIBED AS LOTS 2 & 3, BLOCK A, COMMERCE BUSINESS PARK; AND BEING APPROXIMATELY 4.26 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO 66S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL USES AND TO INCLUDE LIMITED RETAIL USES, 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 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- I" Light Industrial District under the City's Comprehensive Zoning Ordinance; and Page 1 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 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, Page 2 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: 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 Lots 2 & 3, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant County, Texas, and being approximately 4.26 acres, and more fully and completely described in Exhibit "A" from "I-1" Light Industrial District to "S-P-1" Detailed Site Plan District with "1-1" Light Industrial District uses and to include limited retail uses, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B", and subject to the following specific conditions: Page 3 1. Approving the following retail uses: a. Hobby shops b. Furnishings -Household and office c. Bicycle shops d. Antique shops e. Silk flowers manufacturing and sales f. Flooring sales and service g. Lighting sales and service h. Fabric sales and service i. Design Center -Home and office 2. Stating the parking would have to meet city code; 3. Recognizing the applicant's willingness to institute a reciprocal parking agreement; 4. Requiring the reciprocal parking agreement to run with the land; 5. Noting the applicant's agreement to re -sod the landscaped area; 6. Noting that the landscaping must be in place prior to the issuance of a certificate of occupancy with the exception of the sod until April 30, 2006; 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 Page 4 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. 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 Page 5 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 fifteen (15) 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 1" day of November, 2005. �............ MAYOR ATTEST: 0111aa1ISS", Sp..TH(,9�',, _ s o • • C Y SECRETARY ' CO -,��ll1111111111�\ Page 6 PASSED AND APPROVED on the 2nd reading the 17th day of January, 2006. APPROVED AS TO FORM AND LEGALITY: 00 JeVe CITY ATTORNEY DATE: ADOPTED: ] -17-W EFFECTIVE: J-ZQ - 0( MAYOR ATTEST: 0�. `e1° a ° E ° CITY SECRETA Y ° m Page 7 EXHIBIT "A" Being Lots 2 & 3, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant County, Texas, and being approximately 4.26 acres. Page 8 EXHIBIT `B" :d d: Page 9 Page 10 "S-P-1" Detailed Site Plan District for 275-325 Commerce Street, RAM Interest, LP This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Commerce Business Park uses and regulations with the following exceptions: Permitted Uses The following uses shall be permitted: All "I- I" Uses and to include following additional uses: 2. Hobby shops 3. Furnishings -Household and office 4. Bicycle shops 5. Antique shops 6. Silk flowers manufacturing and sales 8. Flooring sales and service 9. Lighting sales and service 10. Fabric sales and service 11. Design Center -Home and office 12. indoor- Training Seheel Development Regulations: Shall comply with the "I- I" development regulations and as shown on the attached Site Plan Exhibit. Page 11 INVOICE °Taff a"'y 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 Customer ID: CIT5.7 fi, ir- R E t VE D Invoice Number: 262327111 Invoice Date: 10/28/05 NOV - 8 2005 Terms: Net due in 21 days. Due Date: 10/31/05 OFFICE OF CITY SECRETARY PO Number: 43684 Order Number: 26232711 Sales Rep: 073 Description: CITY OF SOUTHLA Pnhlioatinn D'At". 1 0V?32/Os PAYABLE CITY OF SOUTHLAKE Notice is he I3580 1 124 124 LINE $0.81 $100.44 CITY OF SOUTHLAKE THE STATE OF County of To u ;1 It for the Star-Telegi depose and say 1 LEGAL DEPT. STA (817) 390-7320 SUBSCRIBED AND Thank You Fo Remit To: Sta P.0 FO LATIONS HEREOF;i PROVIDING A SAV- INGS CLAUSE•, PROVIDING FOFI PUBLICATION IN THE OFFICIAL' NEWSPAPER, AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. k6y person, firm or corporation who vio- lates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this or - a violation is permitted to exist shall consti- tute a separate of- fense. City of Southlake Lori Farwell City Secretary Net Amount: $100.44 CHRISTY L. HOLLAND I'= MY COMMISSION EXPIRES i "�.Qii �•• Ounty and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator iielegic-.:=.i-a.. 1:^rt Worth, in Tarrant County, Texas; and who, after being duly sworn, did of an advertisement, was-putt''.ci,e .~i1r try ^hnve.named paper on the listed dates: BIDS & . ft- U 1 U n 1- Signed IS Tuesday, NovembA W Notary Public Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE i 101-2051 Invoice Number: 262327111 Invoice Amount: $100.44 PO Number: 43684 Amount Enclosed: $ INVOICE Draft : Star-Telegram Customer ID: CIT57 400 W.7TH STREET �~� Invoice Number: 265254211 FORT WORTH,TX 76102 L L_ L_L r y J (817)390-7761 [� Invoice Date: 1/20/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days FEB 1 3 2006 Due Date: 1/31/06 Bill To: PO Number: NO PO CITY OF 1400 MAIN ST SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26525421 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn. ACCOUNTS PAYABLE CITY OF SOUTH- Publication Date: 1/20/06 ORDINANCE NO. r"^ Description AN 4ORDINANCE 1 1 'Oh Linage MU' 1 Rate Amount ' AMENDING ORDI- NANCECITY OF SOUTHLAKE ORDINANCE NO DED 480'rHE ZONINGEHE ORDIE- 1 III 111 LINE $0.81 $89.91 NANCE OF THE CITY OF SOUTHLAKE, TEXAS;ING CHANGE ON A CERTAIN TRACT OR TRACTS Net Amount: $89.91 OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS LOTS 2 & 3, BLOCK A COMMERCE BUSINESS PARK; AND BEING AP- PROXIMATELY 4.26 ACRES, AND MORE FULLY AND COM- PLETELY DE- CRIBED IN EXHIBIT "A"FROM"I-1"LIGHT INDUSTRIAL DIS- TRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL USES AND TO INCLUDE LIMITED RETAIL USES AS DEPICT- ED ON THE AP- Le.........=-7-0%;;&,.?Wk:,:ii,•••"Y''•• HOLLANO PROVED SITE PLAN ': ATTACHED HERETO N EXPIRE'AND REIN SEX-ORAT- ' 2008THE STATE OF TEXAS ED HEREIN As Ex- •••,1 _JHIBIT "B", SUBJECTS: TO THE SPECIFIC County of Tarrant TD I REQUIREMENTSHI ORDINANCE; COR- RECTING THE OF- Before me,a Notary Public in and for said FICIAL ZONING ils day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram,published by the Stc ALL OTHER RPOR >rt Worth,in Tarrant County,Texas;and who,after being duly sworn, did E depose and say that the attached clippin ZONING OF ORDI- It a ublished in the above named paper on the listed dates: BIDS& NAN - LEGAL DEPT. STAR TLEGRAM MINING THAT THE (817) 390-7320 MORALS INTEREST, - GEN- ERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE, PROVIDING THAT SUBSCRIBED AND SWORN TO BEFORE ME,T SHALL BED1 CUMU nary 25 20 -DE OF ALL OR Z.A1 ORDINANCES; PROVIDING'A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; Thank You For Your Payment PROVIDING A UAV- PROV G FOR SE PROVIDING PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- Remit To: Star-Telegram lates,disobeys,omits, Customer ID: CIT57 neglects or refuses to comply with or who P.O. BOX 901051 resists the of°`the Customer Name: CITY OF SOUTHLAKE provisions of this or- FORT WORTH, TX 71 nnota more than fTwo Invoice Number: 265254211 Thousand Dollars ($2,000.00) for each offense.Each day that Invoice Amount: $89.91 a violation is permitted to exist shall consti- tute a separate of- PO Number: NO PO fense. PASSED AND AP- .. PROVED THIS THE Amount Enclosed: $ 17th DAY OFFp JqA iU- THE REGULAR CITY ' COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Farwell, City Secretary INVOICE star-telegram Customer ID: CIT57 400 W.7TH STREET r- t- `'� Invoice Number: 290690191 FORT WORTH,TX 76102 RECEIVED ED (817)390-7761 Invoice Date: 11/2/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days DEC 1 3 Due Date: 11/30/07 Bill To: PO Number: no po CITY OF SOUTHLAKE OFFICE OF CITY SFr,PErA,RY Order Number: 29069019 1400 MAIN ST STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 11/2/07 Description Location Col Depth Linage MU Rate ' Amiiun CITY OF SOUTHLAKE Notice is he I3580 I 126 126 LINE $0.81 $102.06 Sales Discount ($5.00) Misc Fee 2~'Pei= �'E Net Amount: $1 .0 NUV l 6r ,001 $5.00 D 6 RY: ---- -- is r 'r_ CHRISTY L HOLL AND I'i " MY COMMISSION EXPIRES ,�. ;�.4r July 31,2008 THE STATE OF TEXAS County of Tarrant 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 th ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed 1\ ��. v _ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, Nov mbe 07. Notary Public iztvvivikif/J 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: 290690191 Invoice Amount: $102.06 PO Number: no po 1 Amount Enclosed: $ CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on No- vember 20, 2007, at 5:00 p.m. or imme- diately following the Work Session, dur- ing the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, South- lak2, Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. 480-471a AN ORDINANCE AMENDING ORDI- ,NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS LOTS 2 & 3, BLOCK A, COMMERCE BUSINESS PARK; AND BEING AP- PROXIMATELY 4.26 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO S-P-i" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL USES AND TO INCLUDE LIMITED RETAIL USES,AS DEPICTED ON THE APPROVED SITE PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT"B",SUBJECT TO THE SPECIFIC REQUIREMENTS e7 CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER NU V $ 2007OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT ptT THE PUBLIC INTER- T EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND 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. ^ (�\� l\J,City of Southlake _ Lori Payne City Secretary