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480-205CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-205 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, TI IE COMPREHENSIVE ZONING OP, DINANCE OF FIlE CITY OF SOUTItLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TILACT OR TRACTS OF [,AND WITHIN THE CITY OF SOUTItLAKE, TEXAS BEING APPROXIMATELY 1.621 ACRES SITUATED IN THE LI'ITLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING THE SOUTHERN PORTION OF TRACT 3B2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "O- 1" OFFICE 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 PUBI,IC INTEREST, MORALS AND GENERAL WEI.FARE DEMAND THE ZONING CHANGES AND AMENDMENTS ItEREIN MADE; PROVIDING THAT THIS ORDINANCE SIIALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR A PENALTY FOP, VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION [N TIlE OFFICIAl_ NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the City of Southlake, Texas is a home rule City acting under its Charier adopted by t ~e e ectorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas I.ocal Government Code; and, WHERI:AS, 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 lbr business, industrial, residential and other purposes, and to an~end 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 \VHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural I)istrict Lmder t City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person corporation haxing a proprietary interest in said property': and ~' IERb. AS, thc (.. t> Council of the City of Southlake, Texas, at a public hearing called b> thc Cit> Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motnring public and the pedestrians using thc [ CIIYDOCS,,ORn ('ASESX,480 205 O i Ihcilities in the area immediately surrounding the sites; safety t'rom 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: atclcquac5 ol'parking as determined by requirements of this ordinance for off-street parking facilities: Iocattion of ingress and egress points for parking and off-street loading spaces, and protection of public health by surlhcing on all parking areas to control dust: effect on the promotion ot'health ad thc general we[thre; effect on light and air; et'tkct on thc over-crowding of the land; effect on the concentration of popnlation, and effect on transportation, water, sewerage, schools, parks and other pt~blic fhcilities: and, WI1EREAS, 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 nses and the view conserve the value of the buildings, and encourage the most appropriate use of the land throughout thi~ City: and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public nccessitx for the zoning changes, that the public demands them, that the public interest clearly reqnires lhe amendments, and that the zoning changes do not unreasonably invade the rights of those x~ho bought or improved property with reference to the classification which existed at the time their t*riginal investment was made; and, WI tEREAS, the City Council of the City o£ Southlake, Texas, does find that the changes in zoning lessen the congestion in thc 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 l:acilitates the adequate provision ol 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 ~t necessity and need for the changes in zoning and has also lbund and determined that there has been ~ change in the conditions of the property surrounding and in close proximity to the tract or tracts ~f'land requested Ibr a change since the tract or tracts of land were originally classified and therefore I~'els tha~ the respective changes in zoning classification for the tract or tracts of land are needed, are called t'c,r, and arc in the best interest of the public at large, the citizens of the city of Southlake. I c×as. and helps promote the general health, safety and welfare of the community. NOW. I'HEREFORE, BE IT ORDAINED BY TIlE CiTY COUNCIl, OF THE CITY OF 'I'HLAKE, '[EXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the Cit> oI'Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended. is l~erebx amended so that the permitted uses in thc hereinafter described areas be altered, changed ~md an~cnded as shown and described below: Being a 1.621 acre tract of land situated in the Littleberry G. Hall Survey, Abstract I (ITYDOCS\ORD\CASES\480 2050 No.686, the southem portion of Tract 3B2, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "O-1" Office District 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 thc CiU' of Snutblake. 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 sul~iect to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances lbr 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 intac! 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, satbt>, 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 tbreseeable future: to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land: to axoid 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 oI thc community. They have been made after a full and complete hearing with reasonable conbideration 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 appropriute use of land throughou! 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 pi'ox isinns 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 o I the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or rcl't~ses to comply with or who resists the enforcement of any of the provisions of this ordinance shall bc fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a x iolaticm 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 xiolations of thc provisions of Ordinance No. 480, as amended, or any other ordinances ati'fecting zoning which have accrued at the time of the efl'ective 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 afl'ected by this ordinance but may be prosecuted [ CITYDOCS\ORn\CASES\480 205 final disposition by thc 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 Ibr a public hearing thereon at least ten (10) days before the second reading of this ordinance, and i l'lhis ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any t>I' its provisions, then the City Secretary shall additionally publish this ordinance in the official City ne~xspaper 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 l 0. This ordinance shall be in full force and effcct 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 ,1996. MAYOR ATTEST: CiTY SECRETARY PASSED AND APPROVED on the 2nd reading the day of ,1996, MAYOR i { II'YDOCS',ORI) CASES\480 2050 i ATTEST: CITY SECRETARY \PPROVED AS TO FORM AND LEGALITY: CI']Y ATTORNEY [)A I'E: AI)OPTED: EFFECTIVE: ( ITYDOCS\ORDCASES\480 2050 EXHIBIT "A" i ( II~DI)CS',ORD~CASES~480 205 O I EXHIBIT "B" L: CITYDOCS\ORD\CASES\480 205.0 1 Page 7