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480-136CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-t36 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 CONSISTING OF 9.836 ACRES, BEING THREE (3) TRACTS OF LAND OUT OF THE R.P. ESTES SUBDIVISION SITUATED IN THE T.W. MANN SURVEY, ABSTRACT NO. 1107, AND MORE FULLY AND COMPLETELY DESCRIBED 1N EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "AG" AGRICULTURAL, 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 X1, 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 WVIEREA§, the City has initiated an application on said property to rezone same in accordance with the City's Land Use Plan; 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 thc respective changes in zuning 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 I. 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: Page 2 9.836 acres, being three (3) tracts of land out of the R.P. Estes Subdivision situated in the T.W. Mann Survey, Abstract No. 1107, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "I-1" Light Industrial District to "AG" Agricultural. 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 tnade in accordance with the cmnprehensive 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 co~nmercial 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 thc 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 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 Page 3 or not, under such ordinances, same shall not b~ 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 il is so ordained. lstreadingthe/4 dayof?~ //~94. PASSED AND APPROVED on the AYO~~ 7~ , T m ';?'., .... CITy S CRnT RY PASSED AND APPROVED on the 2nd reading the ~ day of~/~ _~gto~.~, 1994. ATTEST: CITY SECRETARY APPROVE[) AS 'FO FORM AND LEGALITY: G:\ORD~ZON INC~48(} 136 Page 5 EXHIBIT "A" THENCE N. 88' - 55' - 20# U. 239.90 feet along the North lime of Tract 2: TRENCE THENCE Page 6 EXHIBIT "A" Tract 3: Page 7 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 '"' STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA 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 INC TOTAL RATE AMOUNT JUL 22 3009824 CL . 358 1X71 L 71 . 46 32 . 66 july 22 P . O . # ORD . #480-136 NOPUBLIC HEARING NOTICE IS GIVEN TO ALL INTERESTEDthat the City Council of the Ci- eguI PERSONSty of . holdingouthlake,Texas,will hee R�i d t-von C,hearing `e 4 ,beginning at 7:00 p.m. ugust T'hemeetin9 will beheld inthe I - - - - Ctry .ouncilChambersofCity Hall,667 North Carroll Ave- nue, Southlake, Texas. The purpose of the public hearing to consider the fallowing or- dinance: CITY OF SOUTHLAKE,TEXAS SIGNED 4/I ORDINANCE NU.480-136 --- -- -- - JBSCRIBED AND INGORDINAN EAf O 4800 RE ME, TH S THE 25ThI A,Y1l _0y/J/F��JU//L/��Y, 1 AS AMENDED THE l '•�W V'� COM- PREHENSIVE ZONING NOTARY PUBLIC /// /y ORDINANCE OF THE CITY i OIF SOUTHLAKE TEXAS, GRANTING A `ZONING CHANGE ON A CERTAIN TEXAS TRACT OR TRACTS OF TARRANT CO TY, LAND WITHIN THE CITY OF SOUTHLAKE TEXAS CONSISTING OF 9.836 ACRES BEINGTHREE(3) TRACTS OF LAND OUT OF rk,::.-c:e3i4:.:‘..slat.;:\�� UNDA K. BLEVINS THE R.P.ESTESSUBDIVI- ySION SITUATED IN THE T.W.MANN SURVEY, AB- •7 COMMISSION EXPIRES MOECFULLLY AN7O COM � SEPTEMBER 13, 1997 PLETELY DESCRIBED IN EXHBIIT"A"FROM"1-1" LIGHT INDUSTRIAL DIS- TR ICT TO"AG"AGR ICUL- TURAL SUBJECT TO THE SPECIFIC REQUIRE- -TEAFi THISTORDOINANICNE DDE TION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT- . TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE D THE G CHANGES ZON- ING AMENDMENTS HEREIN REMIT TO : 400 W SEVENTH, FW, TX 76102 MADE.PROVIDING THAT THIS ORDINANCE SHALL Fort Worth 1 BE CUMULATIVE OF ALL PITTT TC.' 1-2051 ING INANCES- AROVID- r� k' ( °R`)" 9�kx�!(' TX`Yt° '�C'jc3€ 9 �'R �CLAUSE•PROVIDINGFOR 18 TIONS HEREOF;FOR , ACCOUNT AMOUNT LA- 3009824 PROVID- ING A SAVINGS CLAUSE; NUMBER CIT57 DUE 32. 66 PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER• AND PRO- VIDING AN EFFECTIVE DATE. 1 P City of Southlake,Texas ,Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N C A R R O L L A V E PLEASE PAY 32. 66 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 - STATE OF TEXAS .nty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA 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 L INCH/LINEALTOTA RATE AMOUNT AUG 0 . 3019677 CL . 358 1X67 L 67 . 46 30 . 82 aug5 CITY OF I SOUTHLAKE TEXAS ORDINANCE NO.480-136 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, PREHENSIIVELONINGOR- DI NANCE OF THE CITY OF OUTHLAKE TEXAS- RANTING A ZONING HAN1 E QN A�E�25 Ac pL�,Aq�ND WITHIN THE CITY COSIII SOUTHLAKE,F TEXAS AACRES BEINGTHREE(3) • TRACTS OF LAND OUT OF THE R.P.ESTES SUBDIVI- SION SITUATED IN THE T.W. MANN SURVEY, AB- STRACT r OUfLLLY AMP COM IGD1040441101,„"WillatjedirLip PLETELY DESCRIBED IN UB CRIBED AND SWORN TEXHIBIT "A" FROM"I-1" THIS THE 5TH AY OF AUGUS1 4 LIGHT INDUSTRIAL DIS- NOTARY PUBLIC i LRIHT T I UL- TURAL SUBJECT TO THE SPECIFIC REQUIRE- G MENTS CONTAINED IN THIS THENOFFICIIAL TARRANT COU`f'TY, TEXAS NIA0 ` RSPRIIG ALL IIHEO - TIONSOF THE ZONINGOR- IDINANCE•DETERMINING ,� 1ESTTMORALS ANDNGEN- lit. ;��ti ERAL WELFARE DE- • ',N4 LINDA K. BLEVINS MAND THE ZONING if CHANGES AND AMEND- •1 , ; COMMISSION EXPIRES HEREIN MADE ` SEPTEMBER 13, 1991 PROVIDING THAT THIS ORDINANCE SHALL BE 1� 'ids CUMULATIVE OF ALL ti{`+ F OR- DINANCES,-PROVIDING A SEVERABITIY CLAUSE; PROVIDING FOR A PEN- TEAR ALONG THICALTY'HEREOF; TURN THE LOWER PORTION WITH YOUR PAYMENT A SAVINGS CLAUSE, PRO- VIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER- AND PRO- VIDING AN EFFECTIVE REMIT TO : 400 W. SEVENTH, FW, TX 76102 DATE. PASSED AND APPROVED - - ITHEHCITIYYOFO SOUTOFH- REMIT T LAKE THIS THE 2ND DAY n �' RR '1XQfj� QQ'T�bI.iTFiXA6 7.6�1Q1-2051 FbrtWorth far-OF AUGUST,Ma or of SouThlake i�i /�/�/�/�/�Jl ll Jl Jl ll Jl ll ll Attest:Sandra L.LeGrand, ACCOUNT AMOUNT 3019677 Apy Secreoved aryas form: NUMBER (ITS? DUE 30. 82 E.Allen Taylor Jr. City Attorney PAGE 1 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 30 . 82 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED