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480-208CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-208 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 13.583 ACRES SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, TRACT 2D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH CERTAIN "O-1" OFFICE DISTRICT AND "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES, 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 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 proprietau/interest in said property; and ~'HEREAS, 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 L:',CTYDOCS\ORD\CASES\480~208.SP2 Page I changes should be granted or denied: safety of the motoring public and the pedestrians using the thcilities 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 well::are; 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 !hr 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, WItEREAS, 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 S outhlake, 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: L:\CTYDOCS\ORD\CASES\480 208.SP2 Page 2 Being a 13.583 acre tract of land situated in the J.G. Allen Survey, Abstract No. 18, Tract 2D, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "S-P-2" Generalized Site l~lan District with certain "O-1" Office District and "C-2" Local Retail Commercial District uses, 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 ~velfare 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~:he 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 T~vo 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 L:\CTYDOCS\ORD\CASES~480-208.SP2 Page 3 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. publication as required by law, and it is so ordained. PASSED AND APPROVED on the I st reading the__ day of , This ordinance shall be in full force and effect from and after its passage and 1996. "~l?m~?-ttt~ ATTEST: CITY SEC~TARY PASSED AND APPROVED on the 2nd reading the / [ day of~ 1996. L',CTYDOCS~ORDXCASES 480-208 SP2 Page 4 ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: L 9,CTYDOCS \ORD\C ASES\480-208. SP2 Page 5 EXHIBIT "A" of 1033.5 f~t, a~ N 8~ 45'.-:E ~g S S© 08' 25' S a di~ O~'.851;44 f~t ~s a~ing ~ p~at .r~r~ ~ ~rr~t ~ty Plat 12© 30' 58" a dim~n~ of 2~d~lgCE N 2© U0' E beginni~g, containir~ lar~. n distar~ of 7~.74 £eot ,to plaoe of 13.5~3 ~c~es or-5~1~6B1 squaro fe~t of L:\CTYDOCS\ORD\CAS ES\480-208 SP2 Page 6 · '- EXHIBIT "B" .., sexO..L 'a~el~n0~ 'P~I~] a~elttlno$ L:\CTY DOCS\ORD\CAS ES\4801208 Page 7 Star-Telegram ICU. I.U. IVV GG 314t3Z04 AD ORDER NO. 2497056 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 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 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 wTOTUNE RATE AMOUNT 9/20M 2497056 CITY OF SOUTHLAK I358 ' lx 78L 78 .66 51. 48 CITY OF SOUTHLAKE,TEXAS ❑9/2 0-D 9/2 0 ORDINANCE NO.480-208 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING' CHANGE ON A CERTAIN TRACTOR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS, BEING AP- PROXIMATELY 13.583 ACRES SITUATED INTHE J.G. ALLEN SURVEY, AB- STRACT NO. 18 TRACT 2D AND MORE FUULY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" -AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH ERTAIN "C-1" OFFICE DIS- RICT AND"C-2"LOCAL RE- AIL COMMERCIAL DIS- SIGN RICT USES, SUBJECTO TO MENTSSCONTA CONTAINED I, THIS SITHE OFFICAL ONINGNCMAP SWORN TO BEFORE ME, THIS THE 23rd DAY OF SEPTEMBER 1996 PRESERVING ALL OTHER �/"� PORTIONS OF THE ZONING � ) ORDINANCE; DETERMINING I-JI.7P ��\ o •� THAT THE PUBLIC INTER- '• ..rim`+, RHONDA R. GOKE Notary Public A rG EST, MORALS AND GENER- •,S., AL WELFARE DEMAND THE i ZONING CHANGES AND +4• �" '% COMMISSION EXPIRES AMENDMENTS HEREIN 4�'•./� •�� SEPTEM$ER 8 1999 MADE PROVIDING THAT + 4,f.... .• +J r TARRANT COUNTY,TEXAS THIS ORDINANCE SHALL BE h,F,o CUMULATIVE OF ALL ORDI- r� NANCES•PROVIDING A SEV- ERABILITY CLAUSE•PROVID- ING FOR A PENALTY FOR FVI- ' ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OLATIONS HEREOF. PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR PUBLICATION INTHE OFFI-�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT CIAL NEWSPAPER• AND �� PROVIDING AN ER-ECTIVE 1 _ 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 dram not more than Two Thou- sand Dollars (S2 , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 I REMIT TO: for each offense. E000.00) \ ach day that a violation is permitted to exist shall constitute a ACCOUNT AMOUNTDUE 51. 48 separate offense. NUMBER C I T 5 7 PASSED AND APPROVED THIS THE 17TH DAY OF SEP- TEMBER 1996 DURING THE REGULAR CITY COUN- PAGE ]+ OFI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CIL MEETING OF THE CITY OF SOUTHLAKE,TEXAS. /s/Rick Stacy,Mayor ATTEST: /s/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 51 . 48 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED _ FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 2425356 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 SSTATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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: I- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 9/07ME 2425356 NOTICE OF PUBLIC I358 1x 85L 85 .66 56. 10 NOTICE OF 09/07^•09/07 PUBLIC HEARING NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council Meeting to be held on Sep- tember 3, 1996 at 6:00 p.m. in the City Council - - Chambers of City Hall 667 North Carroll Avenue,South- lake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE,TEXAS ' ORDINANCE NO.480-208 AN ORDINANCE AMENDING AS t AMENDED, THE COFuIPRE- N NSIVE ZONING OROF NANCE OF THE CITY OF THLAKE, TEXAS' TING A ZONINd E ON A CERTAIN OR TRACTS OF LAND THE CITY OF SOUTH- PROXIIMATELY TEXAS BEING E'"3. SWORN TO BEFORE ME, THIS THE DAY OF SEPTEMBER 1996 ACRES SITUATED IN �-©t:h J.G. SURVEY, .�, - ('�, 6i..,),2...L STRACT NO:18 TRAT iPpY p`l,t ^��J\��(�„ 1/4...-0 AND MORE SULLY = °":�r, RHONDA R. GOKE Notary Public o COMPLETELY DESCRI r,�IN EXHIBIT 'A" FROM "AGr29, i '"� COMMISSION EXPIRES AGRICULTURAL DISTRICT ;TO S-P-2" GENERALIZED -w. 'Ps • SITE PLAN DISTRICT WITH q;,... ...-"'+: SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS CERTAIN "0-1' OFFICE DIS- :e.----- TRICT AND"C-2"LOCAL RE- '�c ••••:•a.q,.x,•ww„ TAIL COMMERCIAL DIS- TRICT USES SUBJECT TO THE SPECIFIC REOUIRE- ORDTSDETACRTIINANNCo IN THIS IS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THE OFFICIAL ZONING MAP, PRESERVING ALL OTHER PORTIONS OF THE ZONING I.--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� — ORDINANCE; DETERMINING THAT. A THE PUBLICINNER- 0.1\ Asit,„/ EST, MORALS ANDD GER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN c MADE- PROVIDING THAT THIS ORDINANCE SHALL BE rain CUMULATIVE OF ALL ORDI- • LANCES;PROVIDING A SEV- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 mu ERABILITY CLAUSE_„:PROVID- ING FOR A PENAL FOR VI- OLATIONS HEREOF, PROVIDING A SAVINGS ACCOUNT AMOUNT CLAUSE; •PROVIDING FOR NUMBER C I T 5 7 DUE 56. 10 PUBLICATION IN THE OFFI- CIAL NEWSPAPER• AND PROVIDING AN EFFECTIVE DATE. PAGE 1 OFI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 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 Thou- sand Dollars ($2 000.00) for each offense. Each day that a violation is permitted to exit shall constitute a sep- arate offense. O F SOUTHLAKE ,retary outhlakeL.LeGrand ooi N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 56. 10 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED