480-214CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-214
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 3.788 ACRES SITUATED IN THE THOMAS
MAHAN SURVEY, ABSTRACT NO. 1049, AND BEING A
PORTION OF TRACTS 3A1, 3A2, AND 6A, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM '1-1
PUD" LIGHT INDUSTRIAL PLANNED UNIT DEVELOPMENT
DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL
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 PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
()RDINANCES; 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, thc City of Southlake, Texas is a home rule City acting under its Charter
adapted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
~) oI the I'exas l~ocal Government Code; and,
\VIIEREAS, pursuant to Chapter 211 of the Local Govermment Code, the City has the
amlqority 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
mnend 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 PUD" Light
Industrial Plam~ed Unit Development District under the City's Conrprehensive Zoning Ordinance:
WI IEREAS, a change in the zoning classification of said property was requested by' a person
corporation having a proprietary interest in said property; and
WtIEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
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tbe City Council did consider the tbllowing 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 m the area inunediately 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 bc generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as dctennined by requirements of this ordinance for ofi'-street parking facilities:
location of ingress and egress points ['or parking and off-street loading spaces, and protection of
p~blic bealth by surfacing on all parking areas to control dust; effect on tile promotion of health ad
tile general welfare; effect on light and air; effect on the over-crowding of the land; efibct 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 thc 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
ncccssit} for the zoning changes, that the public demands them, that the public interest clearly
requires lhe 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
×oning lessen the congestion in the streets, helps secure safety t¥om fire, panic, and other dangers.
pmmolcs the health and the general welfare, provides adequate light and air, prevents the ovcr-
crox~din[: of land, avoids undue concentration of population, and thcilitates the adequate provision
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
necessity and need tbr the changes in zoning and has also found and determined that there has been
change in thc conditions of the property surrounding and in close proximity to the tract or tracts
land requested lbr a change since the tract or tracts of land were originally classified and theref`ore
IL'els 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.
l'cxas, and helps promote the general health, safety and welfare of the community.
NOW, TtlEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ITHI~AKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
,)l'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
;md amended as shown and described below:
(ITYDOCSORDCASES\480 214C 2
Being a 3.788 acre tract of land situated in the Thomas Mahan Survey, Abstract No.
1049, and being a portion of Tracts 3Al, 3A2, and 6A, and more fully and
completely described in Exhibit "A" attached hereto and incorporated herein, from
"l- 1 PUD" Light Industrial Planned Unit Development District to "C-2" Local Retail
District as dcpicted 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
ol' the (?ill 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
an~ended hereby, but remain intacl 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 axoid nndue concentration of population; and to facilitate the adequate provision of transportation,
xxater, 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 thc
particular uses and with a view o£ conserving the value of buildings and encouraging thc most
appropriate use of land throughout the community.
$¢ction 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, afi'ecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those urdinauces are in direct conflict with the
prox isions o£ this ordinance.
Seclion 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) fbr each offense. Each day that a
x iolation 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
all'coting zoning which have accrued at the tinre of the effective date of this ordinance; and, as to
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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
tor a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
ii'tiff s ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secreta~ shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days alter passage of this ordinance, as required by Section 3.13
oI'tlne 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.
PASSED AND APPROVED on the 1st reading the __ day of
,1996.
MAYOR
ATTEST:
CITY SECPd:~TARY
PASSE[) AND APPROVED on the 2nd reading the
day of ,1996.
MAYOR
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Ptgc 4
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DAli E:
AI)()PTED:
ITFECT[VE:
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EXHIBIT 'A'
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EXHIBIT "B"
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