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480-073r CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -73 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 TRACK OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING APPROXIMATELY 0.919 ACRES OUT OF THE J.N. GIBSON SURVEY, ABSTRACT NO. 591 AND BEING LEGALLY DESCRIBED AS BLOCK B, LOT 1, HART INDUSTRIAL PARK, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "I -1" LIGHT INDUSTRIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN 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 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 480.73.SP1 /ORD/kb Page 1 { 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; 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: 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 approximately a 0. 919 acre tract of land out of the J. N. Gibson Survey, Abstract No. 591, being legally described as Block B, Lot 1, Hart Industrial Park, and more fully and completely described in Exhibit " A " attached hereto and incorporated herein. 480- 733MORD/M Page 2 From "I -1" Light Industrial District to S -P -1 Detailed Site Plan District allowing any use in the "I -1" Light Industrial District and a gymnasics /dance studio. The above - described tract of land shall be further subject to the development regulations set forth in the "I -1" Light Industrial District and any other restrictions and requirements set forth on the approved site 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, morales 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 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. 480- 71SP1 /ORD/B Page 3 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 affection 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 provision, 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 day of t(t q, 1992. ATTEST: TY SECRETARY PASSED AND v 1992. ATTEST: h l4o, 1 Cff TY SECRETARY APPROVED AS TO FORM AND G CITY ATTORNEY 2nd reading -.1, q4' *+'. cj 'y DATE: ADOPTED: 2, EFFECTIVE ° Z-- 1 day,-gf 480- 73.SP1 /ORD/kb Page 4 - "I -1" Light Industrial District to S -P -Z Dstailed Site Plan District allowing The above- described tract of land shall be further subject to the development regulations set forth in the "I - 1" bight industrial the apps roved and any er restrictions and requirements set forth on the app Plan attached hereto and incorporated herein as Exhibit ig." Section a. 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, sentence %, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereb verified and affirmed. Y ratif lad, 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, morales 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 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 S. That this ordinance shall be cumulative of all ether 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 terns 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 CM YAK E. A mm ROOT M. Aug Bmawrts BtadlKni SLAM DAVID IOMMO tam L VN�� t�M**& WMV TRUE. LAW — Or UMM- r- A�o�r Im"ONAL N AAo OP MML ADVWACI FIRLDING, BARRErf & TAYLOR ATTORNEYS BAST lII011WAY AO WA T. StlnTj 300 FOIST WORTH, TEXAS 76116 TELEPHONE (117) 560-MM FAX ($17).%0.3433 July 8, 1992 VIA FAX Ms. Karen Gandy Zoning Adminisirlitor City of Southlake 667 North Carrell Avenue Southlakc, Texas 76092 Sasm E. Hvmmm SUSAN S. k*a C'mn nnim H. ROIJ OY wATM IL Ckww Tut G. S *Au.A*• L MAN SobCMIl B. Aum TAYLm. Jk. JArMS P. WAGIM **2000 CMURMCM AFFW4jZ "W- 7P.1[AS BARD OP tAOAL SWCaM IWK Re: Ordinance 480 -73, S.p..l Zoning in Hart Industrial Park Dear Karen: Pursuant our conversation at Tuesday night's Council meeting, attached is a revised page 3 to the proposed zoning ordinance. It is my understanding that the Council approved a site plan end not a concept plan and that no additional site plan or concept Plan approval is needed prier to issuance of building Permits.. Please let me know if this is A M your understanding, Very truly yours, Wayne K. Olson WKO /cr Enclosures 11ilkeNgswyal FIELDING$ BARRETT & TAYLOR PAZ COVER SHTET e =e o8 ca IDBNTM -1 The information in this facsimile message is confidential and is intended only for the use of the individual or entity to which it is addressed. It information that is privileged, confide tial a and c exempt frofi disclosure under applicable law. If this message is delivered to you and you are not the intended recipient, you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. received this facsimile in error, please I notify h azer office by telephone (aolleOt) immediately so that we can arrange for the return of the original documents. T- 8 TA BABE DATE: DELIVER TO: CITY: TELECOPY NUMBER: July s, 1992 Karen Gandy Southlake 481 -5581 ext. 754 TOTAL NUMBER OF PAGES INCLUDING COVER PAGE: .3 FROM: Wayne Olson ADDITIONAL MESSAGES: PLEABB DBLIVRR IXXHDIATZLy OUR TELECOpy NUNAER: 817- 560-3953 CLIENT NAME: City of Southlake CLIENT NUMszR: 1207.001 PERSON TRAN'SNITTING: Carla Richardson IF TRE RN 318 A PROBLEM IN TRANSMYSSION PLE,Agg CALL 817 -560 -0303. je t . %)- �M XHIBIT TI- ERTAL — B= TR SA 17 AC Bear Creek Comm. (Timarron ) "R- P.U.D." TR to 44.66 AC TR i 4.66. AC Thompson, H. D. 2 5 AC 4 "AG" 21 TR 1E 5 AC 0 Wright, J. i r 1gS TR 2c< JAS E l 5.31 AC 591 I a , ,. i I _; 2 =6 I �.5 AC I TR 2Aj TR 2421 28 %Ci.22 AC I i TR 2A1 i 1 .5 AC ; TR 2� TR 2F1 .88 1�AaY ' AC I 6.3 AC M� 5 IJB v 2 0 Weiss -Tex Morse, J.M. i TR 2C1 _ cc O .667 AC 2 A K q 3 U AR T 1 P R o 4 1 � McSpedden_, R.L. _I HART STREET Fletcher,C. 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C•LO�G�h�is §DC�O�Ti CY{ 1 1 t �. i .f s•r rwr i.L- -i.s.. a1r r �� «r r I fLr . � � <• .sr 7.11C' Sw]c• YSTJ7 - T. I �HAL \ s PA E D L E l/'1 '.�S J� Q�� rr. L __• I for i e r tlsr 1 ' swv(• .. SI r M s.f I l_ 'T • 1 1 1 40 0 Vj%L�E S" °O �� E GR 9 SG Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 '"E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared SUE RUSSELL 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 TAD INVOICE NO DESCRIPTION AD SIZE INC°HTLINE RATE AMOUNT JUL 24' 6908293 CL . 358 1X90 L 90 . 40 36 . 00 CITY OF TS SOUTHLAKE, July l 24 ORDINANCE NO. P• O..•......# 480-73 _... AMENDING ORDI- NANCE NO. 480 AS AMENDED, ONI ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF BEING AK APPROXI- MATELY 0.919 ACRES OUT OF THE J.N.GIB- SON SURVEY AB- STRAcT NO 591 AND BEING FEGLL1fYAND .- .. ............ _- _.. TOTE PURBK NAND SIGNED e <- —e—e,"" RMPL IN EXHIBIT 4ND SWORN TO BEFORE ME , T -IIS THE 24;n DAY OF Y,1992 1"FROM"I-1"LIGHT IDUSTRIAL Dls- NOTARY PUBLIC �/ TRICT TO "5-P-1" DE- f� TAILED SITE PLAN t DISTRICT, ISTRI T SUBJECT • v ` TO TUIREMENTS CON- TAINED IN THIS ORDI- NANCE-CORRECTING s^s^i`� THE OFFICCAL ZONIN •���04��o`�'r� MAP- ZONINGORDI- VIN ""s ALL OTHER PORTIONS ai n y TNRYN J. SPEW:, OF THE ZONING _... ... ... ___..----.-- -_1--.-.1o:•'--_....Ug4•vl� ``. . NANCE DETERMIN- %2 1 fCVOMMISSION EXPII.L_ ,.INGTHAT THE PUBLIC �. INTEREST MORALS 44�-. �f IANUARY 28, 1995 AND GENERAL WEL- FARE �r. '' E DEMAND ES �'yh:„oF,=y�Ogq,4.o'ivq4'a'o'~�. AND AMENDMENTS P46/4:":s-� HEREIN MADE; PRO- VIDINGTHAT THIS OR- . DINANCE SHALL BE ,` OROINAANICESiPRo —TEAR A ONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT VIDINGASEVE'RABIL- ING FORUA EPENALTY FOR VIOLATIONS HEREOF; PRQVIDING REMIT TO : 400 W . SEVENTH, FW, TX 76102 A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE F- FICIAL NEWSPAPER ]K. IJ� XQXy ( � 1-2051 AND PROVIDING m4 FiE.Ns�? ��;: �► C EFFECTIVE DATE ar e e rarn Section 1.Any person firm or corporation who violates, ACCOUNT C I T 5 7 AMOUNT 36 . 00 disobeys,omits, nee99leas or NUMBER DUE `,Jses t eenfor ement r who --, ststheenforcementofany ,{✓ ';<,:,;,, �e provisions of this ordl f �.,� ce shall be fined not more 1 1 en Two Thousand Dollars '� +�, PAGE OF ($2,000.00) for each offense. +1� 4 Each day that a violation Is - •• permitted toexlst shal I consti- tute a separate offense. PASSED AND APPROVED IN SECOND READINGTHIS THE 21ST DAY OF JULY, 1992. Gary Fickes Ma or of Southlake ATTEST: -Sandra L.LeGrand City Secretary Approved as to form: OF SOUTHLAKE ORIGINAL E..Allen Allen Jr.Taylor 4.ItvAttornev • bb ? N CARROLL AVE 36 . 00 SOUTHLAKE TX 76092-8898 TPLEASE PAY bh. HIS AMOUNT 11. ATTN : SANDY PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***IN DICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 I THE STATE OF TEXAS Sunty of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared SUE RUSSELL 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 INVOICE NO. DESCRIPTION AD SIZE C LINE RATE AMOUNT INT_ OTAL JUL 10 6900583 CL . 358 1X97 L 97 . 40 38 . 80 I July 10 Isle Legal Notices P . O . # 480-73 NOTICE NOTICE isB PUBLIC HEARING toall Interested persons that the Ci- tv Councl I of the City of S-xrth- publIc Texas, hearingwill be duringinthg.e Regular City Council meeting - - to be held on July 21 1992,at 7:00p.m. SouthlakeCityHall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearing Is to I consider the second reading of I the following ordinance: 1 CITY OF SOU TEXASHLAKE, ..- ............. .................. -............... ORDINANCE NO.480-73 5 SIGNED 6i .?AML,4/AN ORDINANCE 2 AMENDING ORDI- C NANCE NO. 480 AS C ,NDEDTHEOM- vAr4D�-SWORN-TO—BEFORE ME , THISTHE 16' DAYFENS U HZ KE NOTARY PUBLIC-NANCEOFTHE 7OF GRANTING /S GRANTING IC O CHANGE ON A CERTAIN TRACT OR . TRACTS OF LAND TARRANT COUNTY , TE AS WITHIN THE CITY OF SOUTHLAKE TEXAS, J_yy�: ,�r BEING APPROXI- MATELY 0.919 ACRES ' OUT OF THE J.N.GIB- - y r� In jfl SON SURVEY AB- �oPa•,f �hry hFT i� YN �• NCER STRACT NO. 591 AND -- BEING LEGALLY DE- y'?' I/� ri COMMISSION EXPIRESr SCRIBED AS BLOCK B, �.: i LOT 1, HART INDUS- ,,r;.. /\;1�s _VARY 28, 1995 # TRIAL PARK AND - - 41 •-- - MORE FULLY AND �;'r••••••••i`L= COMPLETELY DE- be AI) hsF.�o�," SCRIBED IN EXHIBIT A" LIGHT INDUSTRIAL DIS- - TRICT TO "S-P-1" DE- TAILED SITE PLAN TEAR AL NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT DISTRICT SUBJECT �- TO THE SOECIFIC RE- UIREMENTS CON- TAINED THE OFFICIAL ZON- REMIT TO : 400 W . SEVENTH , FW , TX 76102 ING MAP- PRESERV- ING ALL OTHER POR- TIONSONCE- DETER yy PUBLIC THAT EHE rth Star-Telegram ,iFn,' 'I'•PUBLIC INTEREST,MORALSANDGENER- M WELFARE DE ACCOUNT CIT57 AMOUNT 38 . 80 CHANGES THE ZONING NUMBER DUE AND AMENDMENTS HEREIN MADE; PRO- -_ ----- - - - VIDINGTHATTHISOR- 1 1 DINANCE SHALL BE `ULATIVE OF ALL PAGE OF NANCES PRO- GASEVE'RABIL- FORUA PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- AND PROVIDING ARM EFFECTIVE DATE. Section onv firm corooratlwholate � orTY OF SOUTHLAKE ORIGINAL lisobeys,omits, neglects efusstheeforcem with or who y7 N CARROLL AVE 38 . 80 esiststheenfo softhtofan PLEASE PAY fiheshallbefine not mois re TX 76092-8898 aan�TwoiThhofusand Doi ars THIS AMOUNT 2,900.001 for each offense. A T T N : SANDY L E G R A N D ach day that a violation is ermlttedtoexist shall constl- tte a separate offense. Ity of Southlake andra L.LeGrand Ity Secretary PLEASE WRITE IN AMOUNT ENCLOSED