/
     
480-187CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-187 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 5.66 ACRES LEGALLY DESCRIBED AS BLOCK B, LOT 2, COMMERCE BUSINESS PARK, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT TO ALLOW "I-1" LIGHT INDUSTRIAL USES AS SET FORTH IN ORDINANCE NO. 480, SECTION 26 AND THE RETAIL SALE OF FURNITURE, 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 G: ORD/CASES',480 Ig7 2RD WttEREAS, the City Council of the City of Southlake, Texas, at a public heating 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 properly; 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 Somhlake, 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 Southiake, 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 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 belo~v: Being a 5.66 acre tract of land situated in the Block B, Lot 2, Commerce Business Park, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "I-1" Light Industrial District to "S-P-1" Detailed Site Plan District to allow "I- l" Light Industrial uses as set forth in Ordinance No. 480, Section 26 and the retail sale of furniture as depicted on the approved Concept 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, 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 comanunity. 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 Page 3 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 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 heating 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, r~ ~ ~1 PASSED AND APPROVED on the 1 st reading the ~ day o 995. ATTEST: G:/ORD/CASES\480-187.2RD Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED:~ EFFECTIVE:~/_! Page 5 EXHIBIT "A" Block B, Lot 2, Commerce Business Park Page 6 Fort Worth Star-Telegram FED. ID. NO. 22-3148254AD ORDER NO.400W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 -"7-.. STATE OF TEXAS inty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT 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 ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 11/24ME 928610 CITY OF SOUTHLAK I358 ix 79_ 79 . 55 43 . 45 11/24-11/24 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-187 1 AN ORDINANCEAMENDING ORDINANCE NO. 480IREAE COMPRE- HENSIVE , THE ZONING ORS- NANCE OF THE CITY of SOUTHLAKE, Tr XAS- GRANTING A -ONINO CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING 5.66 ACRES LEGALLY DE- SCRIBED COMMERCEOBUSINESS PARK, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT ""A"" FROM "9-1"" LIGHT INDUS- TRIAL DISTRICT TO ""S-P-1"" DETAILED SITE PLAN DIS- TRICTLG INDUSTRIALL USES OW AS SIGN SET FORTH IN ORDINANCE NO. 480 SECTION 26 AND THE RETAIL SALE OF FURNI- SUBSCRIBED AND TURF SUBJECT TO THE RE ME, THIS THE 28TH DAY OF NOVEMBER 1995 SPECIFIC REQUIREMENTS CONTAINED IN THIS � OFFICE OF ORDINANCE; CORRECTING T PRESERVING ALL OTHER Notary Public PORTIONS OF THE ZONING R. COKE atrytiii.A_ 12, )1-34....k. CITY SEC—ETARY ORDINANCE; DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- N EXPIRES TARRANT COUNTY,TEXAS AL WELFARE DEMAND THE •;- .. 1^..11 ZONING CHANGES AND ' . I AMENDMENTS HEREIN. MADE' PROVIDING THAT THIS ORDINANCE SHALL BE PLEASE PAY THI ORoNANc S; P OVIDINGLA DE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; ERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�j -._ - PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER: AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person,,firm or Port 0 corporation who violates, disobeys,omits,neglects or \ r efuses to comply with nt U. egram REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 who resists the enforcement of any of the provisions of this ordinance shall be fined 928610 not more than(S2 00 Thou-) ACCOUNT C I T 5 7 AMOUNT 43. 45 for each offense. Each day NUMBER DUE that a violation is permitted to exist shall constitute a iPASSED AND APPROVED BY 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 AGE THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THIS THE 21ST DAY OF NOVEM- BER 1995 Gary Fickes, Mayor of Southlake Attest:Sandra L.LeGrand, I City Secretary I AporoVed AG fn fnrr.r, - E.Allen Taylor Jr. City Attorney_ CIT-. �F SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 43 . 45 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star.Telegrarn FED. ID. NO. 22-3148254 AD ORDER NO. 856839 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. (ITS? T' 'E STATE OF TEXAS Jnty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT 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 ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 11/10ME 856839 NOTICE OF PUBLIC I358' 1x 83L 83 . 55 45 . 65 NOTICE OF PUBLIC HEARING 11/10—11/10 1 NALLINTERESTED PERSONS that the City Council of the City of Southlake,Texas,will be holding a public hearing during the Regular City Council meeting to be held on November 21, 1995,be- ginning at 7:00 p.m. The meeting will be held in the of City Council 667 Chambers Carrot Avenue, Southlake, Texas. The purpose of the public ------------ ---- hearing is to consider the following ordinance: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-187 AN ORDINANCE AMENDIN'. ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONINGORDI- NANCET OF THEEO CITY OF � ! :: ,...4.._,F.N.... ..A. SOUTHLAKE, TEXAS S I G N E GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND SU LAKEIN, TEXAS BEIING05 66 WOR Q E, THIS THE 14TH DAY OF NOVEMBER 1995 ACRES LEGALLY DE- • , • SCRIBED AS BLOCK B LOT -* i v ,,, -.�rj..".'''i VICKI LY` PARK AND MORE BUSINESS rz�' .pr ,' i 4.0 ' AND COMPLETELY DE- tallON Gar Notary Public l� 1 SCRIBED IN EXHIBIT A" i El FROM'1.1"LIGHT INDUSTRI- AL DISTRICT TO"S-P-1"DE- h!; t- R l4, 1�0k, 4, TAILED SITE PLAN DISTRICT - v TOSAL OWL USES LIGHT AS SI T TARRANT COUNTY,TEXAS DUTFORTH IN ORDINANCE NO. 480 SECTION 26 AND THE RETAIL SALE OF FURNI- 4 TURE SUBJECT TO THE SPECIFIC PE`ACED REQUIREMENTS N )RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP,'—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PRESERVING ALL OTHEI ------A PORTIONS OF THE ZONING - ORDINANCE; DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN For MADE;ORD PROVIDING TH BE AT CUMULAT LATIIV ORMENCE SHALLE OF ALL AStar."I'elegrarri REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 \ ORDINANCES;PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF ACCOUNT C I T 5 7 AMOUNT 45.65 PROVIDING A SAVINGS NUMBER DUE CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER- AND PROVIDING AN EFFECTIVE PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 DATE. 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 (52,000.00)Thou- sand for each offense. ach day that a violation is permitted to exist shall constitute a. SOUTHLAKE separate offense. Cityof Southlake,Texas City Secretary eGrand -A R R O L L A V E JOUI HLAKE , TX 76092-9595 PLEASE PAY 45.65 THIS AMOUNT ► PLEASE WRITE IN AMOUNT ENCLOSED