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480-084CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-84 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 APPROXIMATELY A 2.45 ACRE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY ABSTRACT NO. 18, TRACTS 6C1A AND 6C2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "I-1" LIGHT INDUSTRIAL; 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 "AG" Agricultural 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 Page 1 480.84/ORO/kb 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: 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 2.45 acre tract of land out of the J.G. Allen Survey, Abstract NO. 18, Tracts 6C1A and 6C2, Page 2 480.84/ORD/kb and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural Zoning District to "I-1" Light Industrial Zoning District. 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. 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. Page 3 480.84/ORD/kb 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. PA SED AND APPROVED 1993. PASSED AND AAL Page 4 480.84/ORD/kb on the 1st reading the !D day of APPROVED on 1993. r? :H ATTEST: 4d�& � i?vm� dITY SECRETARY the 2nd reading the day of - `� ATTEST: LF;fTY SECRETARY APPROVED AS TO FORM AND LEGALITY: L�(qm,fflol�— CITY ATTOR Y DATE: �^ ' ADOPTED: EFFECTIVE: Page 5 480.84/ORD/kb EXHIBIT = Being a portion of the JESSE ALLEN SURVEY, situated about 14, miles Northeast from the courthouse in Tarrant County, T�Kas, and described by metes and bounds as follows: COMMENCING at the Southeast corner of the Jesse Allen Survey; THENCE North 886 feet to a point, said point being the Northeast corner of a tract of land described in Volume 1850, Page 382, of the Deed Records, Tarrant County, Texas; THENCE West 60 feet to the beginning of this tract to be described; THENCE South 125 feet with the West right-of-way line of Farm Road 1938 to an iron pin for corner; THENCE North 88 degrees 28 minutes West, 840.30 feet to an iron pin for corner; THENCE North 01 degrees 55 minutes East 125.00 feet to an iron pin for corner; THENCE South 88 degrees 28 minutes East, 836.10 feet to the place of beginning. 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EXHIBIT A 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 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 SIZ E r i�; I R4ie AMOUNT APR 2312451350 'CL • 358 1X84 L 84 . 43 36. 12 Apr 23 I P . O . # ORD NO . 480-84 =ITY OF SOUTHLAKE, TEXAS AN ORDINANCE NO. AMENDING ORDI- : AMENDED,THEOCOM PREHENSILE ZONING 1 ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS- GRANTING A ZONING CHANGE ON I I CERTAIN TRACT OR TRACTS OF LAND ! WITHIN THE CITY OF i SOUTHLAKE TEXAS ' BEING APPROXI- MATELY A ACRE /....TRACT OF LAND OUT OF SSUR VEY J.G.ASTRACT S I G N E', , / NO. 18 TRACTS 6C1A D 6C2, AND MORE AND SWORN TO BEFORE ME , THIS THE 5ThD OF MAY, 1993 ILLY AND COM- �� IBEDL\IN EXHIBIT NOTARY PUBLIC LTURAL TO 'I-1" LIGHT INDUSTRIAL; TOTHE TARRANT COLNT , TEXAS SUBJECTTOTHE CIFIC REQUIRE- MENTSCONTAINED IN THIS ORDINANCE; CORRECTING THE OF- •v"-`�`+•"�''�'4''�'�a-�'- • ' FI ESERON G /SAP, d�Z►NY'AZ,11 LL OTHER PORTIONS OF ,�_; I .e,,�f,, lK�ATHRY1� 1n. SPENCER THE ZONING 228l995 •y CUMISSON EXF�RES ITTHPUBL .-I IST MORAai'- ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDINGTHATTHISOR- _— DINANCE SHALL BE —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT CUMULATIVE OF ALL ORDINANCES PRO- VIDING A SEVERABLI- TY CLAUSE; PROVID- FGR VI OLATIONS LATIIOR A N O S REMIT TO : 400 W . SEVENTH, FW, TX 76102 HEREOF; PROVIDING A SAVINGS CLAUSE; - - PROVIDING FOR PUB- ( t hC�l�l�� 19(9(1�9Q�@4�1K�7tXX1oQ9Q9CX (�(�k�Q12051 AND PROVIDING ANh Star-Telegram Section 7.Any person firm ACCOUNT>r corporation who violates, AMOUNT ilsobeys, omits, neglects or: NUMBER C I T 5 7 DUE 36. 12 -efuses to comply with or who 1 1-esiststheenforcementofany - - ------ )f the provisions of this ordl- 1 1 lance shall be fined not more Than Two Thousand Dollars. PAGE OF IS2,000.001 for each offense.) Each day that a violation is! i tute a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL I THIS THE 20TH DAY OF i APRIL,1993. GARY F ICK ES,MAYOR ATTEST: SANDRA L.LEGRAND, CITY SECRETARY "OVED AS TO FORM: LEN TAYOR, ATTY __ , ; OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 36. 12 N SOUTHLAKE TX 76092-8898 PLEASE PAYTHIS AMOUNT PP- ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram .. • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS runty 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 : TOTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT APR 09 2442229 ' CL • 358 1X48 L 48 . 71 33 . 97 Apr 9 NOTICE OF PUBLIC P . O . # O R D 4 8 0-8 4 NOTICE IS HEARING GIV- CITIZE ALL S that the h ltyy INTERESTEDou gTexasBwill bhearing on �epholy ding atphublic Council 7:gup ril s othef C3,bty Hall,667 North Carroll Ave- nue, Southlake, Texas. Pur- pose of the hearing is to con- sider the following ordinance --- In public hearing,as follows: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO. AN AMENDED,AAME O.ORDINANCE 80 0AS ✓w `- � -._ PREHENSIVEZONIING SIGNED OF �kMJD SWORN TO BEFORE ME, TI4IS--THE 14TH Y OF APRIL, 19 3 )NIN CHGRANGE AA NOTARY PUBLI :RTA1NH TRACT OR ���` `1- 2 ACTS � "_\ 2 OF LAND (THIN THE CITY OF �� BEINGLAAIPROXIS- ;P9 P '.'♦'"�'1i..4. ',t=b:v`�NT COUNTY , TEXAS MATELY A 2.45 ACRE 27- y,f, HATHRYN 1. E TRACT OF J.G LAND ni SPENCER SURVEY ABSTRACT N1 �, Cgh1MISSION EXPIRES ill NO. 18 TRACTS 6C1A �"• FULLYZ"AND MORE �'';; tiE+�" ANUARY 28 lgg� DE- SCRIBEDPL IN EXHII 4 A"FROM"AG"AGRI- CULTURAL TO 1-1" SBJEOTEUCTT H SPE- CIFIC REQUIRE- MENTS CONTAINED INTHIS ORDINAN E; CORRECTING THE OF- FICIAL ZONING MAP;—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-- PRESERVING ALL ` OTHTTHEEZONING ORDI- NANCE- DETERMIN- INGTHATTHEPUBLIC REMIT TO : 400 W • SEVENTH, FW, TX 76102 INTEREST MORALS AND GENERAL WEL- FARE CHANGES AND AMENDMENTS RE..M.!�� ��:: i, , XY �1�Q X X I FXXEX04 1-2051� F HEREIN MADE PRO-�� Star_Telegranui VIDINGTHAT THIS OR- - - DINANCE SHALL BE ORDINANCES-PRO NUMBER CIT57 AMOUNTDUE 33 . 97 VIDINGASEVERABIL- ING FORUA PENALTDY FOR VIOLATIONS I 1 HAESAVIINGSRCLAUSE PAGE OF PROVIDING FOR PUA- BLICATION IN THE OF- FICIAL NEWSPAPER- EFFFECTIOVEIDATE\ City of SouthlakeT_ Sandra L.LeGrand City Secretary • CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 33. 97 SOUTHLAKE TX 76092-8898 PLEASE PAY , 1 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED