Loading...
480-217CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-217 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 3.49 ACRES 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" FROM "I-I PUD" LIGHT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES ON PROPOSED LOTS 5, 6, AND 7, BLOCK 1, AND LIMITED "C- 2" LOCAL RETAIL COMMERCIAL DISTRICT AND "C-l" NEIGHBORHOOD COMMERCIAL DISTRICT USES ON PROPOSED LOT 4, BLOCK 1, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING AI,L 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 1N THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WttEREAS, 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 PUD" Light Industrial Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and L:\CTYDOCS\ORD\CASESX480 217C 2 Page 1 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 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 oft-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, WIIEREAS, 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 lbels 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: L: CTYDOCS\ORD\CASESX480-217 C-2 Page 2 Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City o f Southlakc. 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': Being a 3.49 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 "I-1 PUD" Light Industrial Planned Unit Development District to "S-P-2" Generalized Site Plan District with all permitted "C-2" uses per the Zoning Ordinance 480, Section 21.2, as amended, on proposed Lots 5, 6, and 7, Block 1, and limited "C-2" and "C-1" uses per the Zoning Ordinance 480, Sections 21.2 and 20.2, respectively, as amended, on proposed Lot 4, Block 1, deleting the following permitted uses: Deleted "C-2" District Permitted Uses Section 21.2 (10.) Christmas tree sales beginning one week before Thanksgiving and extending through December 31 st of each calendar year (outdoor display permitted). (12.) Cleaning, dying and pressing works; laundry and Laundromats, providing that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses. (16.) Day nurseries (22.) Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear-end, transmission or engine overhaul. (As amended by Ordinance No. 480-C.) (25) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. (26) Grocery stores and meat markets without size limitations. (33) Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants. (37.) Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself. (38.) Variety stores, provided that the floor area of such facility does not exceed ten thousand (10,000) square feet. Deleted Cumulative "C-1" Permitted Uses Section 20.2 (4.) Cleaners. laundries and/or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. (5.) Gasoline filling stations that operate in conjunction with small convenience stores. Such use may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear-end, transmission or engine overhaul. (6.} Groceo' stores and/or meat markets provided that the floor area of the business activity shall not exceed 3,000 square feet. (8.) Restaurants, tea rooms and/or "take-out" food establishments, provided that the floor area of such operation does not exceed 2,000 square feet. Food service establishments operating in this district are envisioned to be relatively L:\CTYDOCS\ORD\CASES\480-217 C-2 P:~ge 3 small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit 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, sexverage, 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 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 thc 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 aft~cting 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 L: CTY DOCS~ORD~CASES\480-217 C 2 Page 4 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 (l 0) 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 I 0. 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. on the 1st reading the ~ day o~996. PASSED AND APPROVED ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the // day offS,), 1996. L:/CTYDOCS ORD\CASES\480-217 C-2 Page 5 ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY/ DATE: fl~'-f~LL} ADOPTED: CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-217.C-2 Page 6 EXHIBIT "A" BEGINNING at a capped steel rod found at the southerly co~r of a comer clip at the intersection of the northerly right-of-way llne of STATE HIGHWAY 114 { 220' R.O.W.) with the westerly right-of-way line of N. KIMBALL. AVENUE ( a Yariabla width r;ght-of-way); THENCE North 86001'33" West, along said STATE HIGHWAY 114, a distance of 505.48 feet to a 1/2' inch iron rod set for corner; THENCE North 03058'27- East, a distance of 73.54 fe~t to a 1/2" inch iron rod set for the beginning of a cu~e to the right having a r'adiug of 100.00 feet. a long chord that b~ars NOF~ 31 °57'2B" East, a chord distance of g3.B4 feet; THENCE along said curve to the right, through a central angle of 55°57'58' for an arc length of 97.68 fe~t to a 1/2" inch iron rod set for comer;, THENCE North 59056'25" East, a distance of 103.21 feet to a 1/2" inch ~ron rod set for ~ne beginning of a curve to the fight having a radius of 50.00 fe~t. a long chord that b~ars North 69059'07- East, a chord distance of 17.44 feet; THENCE along said curve to the right, through a central angle of 20005'25- for an arc length of 17.53 feet to a I/2" inch iron rod set for comer;. THENCE North 80°01'50" East, a distance of 106.45 feet to a 112" iron rod set for the begin~ng of a curve to the left having a radius of 100.00 fee/, a long chord that bears Nocth 50o51'00" East, a chord distance of 97.51.feat; THENCE along said curve to the left, through a central angle of 58°21'40" for an arc ~,ngth of 101.86 feet to a 1/2' inch iron rod set for corner THENCE North 21 °40' 10' East, a distance of 85.47 feet to a 1F2" inch iron rod set for cornet; THENCE North 89059'26" E~st, a distance of 242.50 feet to a 1/2" inch iron rod set in the v~es~efiy line of said N. KIMBALL AVENUE; THENC~ ~Outh 00°00'3,~ KIM~ A~UE, a di~nce of 297.65 feet to a ~ ste~ r~ f~nd ~¢ comer; ~ WE~, a dis~n~ of 25.~ f~ ~ a ~ st~ r~ f~ foe c~er; ~EN~ ~ ~02'33' ~st, a dls~nce of 9.~ f~ to a ~ stol r~ f~nd for THENCE South 46°57'27- West, along said comer C~p, a distance of 102.24 feet the POINT OF BEGINNING; cONTAINING within these metes and bounds, 3.788 acres or 165,010 square feet Of land, EXHIBIT "g" \CTY DOC S\ORD\C ASES\480 217 C-2 Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 2497058 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS County of Tarrant fore 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 TOTAL IN TOTAL E RATE AMOUNT • 9/20ME 2497058 NOTICE OF PUBLIC I358 1x 93L 93 . 66 61 . 38 NOTICE ISFHEREBY G ' 0 9/2 0-0 9/2 0 all interested pers• - - - the City Council of the ' Southlake, Texas, wi 1e•' holding a public hearinpg dur- ing the Regular City Council. Meeting to be held on Otto- ber 1, 1996 at 6:00 p.m.in the City Council Chambers }H of City all, 667 North Car- roll Avenue, Southlake, Tex- as. Purpose of the hearing is to consider the second reading. of the following ordinance: CITY OF SOUTHLAKE,TEXAS- • -.. ORDINANCE NO.480-217 AN ORDINANCE AMENDIN ORDINANCE NO. 480 AS _ AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; • GRANTING A ZONING CHANGE ON A CERTAI TRACT OR TRACTS OF LAND. N WITHIN THE CITY OF SOUTH- SIG \1, LAKE, TEXAS, BEING AP- PROXIMATELY 3.H49 OMAI�• 23rd SEPTEMBER 1996 iHANSU SURVEY, T°R°ACCT-) SWORN TO BEFORE ME, THIS THE DAY OF , i. 1049 AND BEING A -RTION OF TRACTS 3A1 ,ate- -'% - \ 2 AND 6A' AND MARL' F "`.. i \I FULLY AND COMPLETELY 3! r'�ear `NI QUA`-�, DESCRIBED IN NHDEXLHIBIITT"A" $?o, , r-;cI RHONDA R. GOKE $ Notary Public vLL -- FRODUSTRIAL PLANNED UNIT, I •i ` °' COMMISSION EXPIRES DEVELOPMENT DISTRICT ',,"). /` :�5 TO "S-P-2" GENERALIZED 11' •........j+- SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS SITE PLAN DISTRICT-WITH 4h,.,,oF`�r 'C-2" LOCAL RETAIL COM: MERCiAL DISTRICT USES ON PROPOSED LOTS 5 6, AND 7 BLOCK 1,AND LIMIT- ED b-2" LOCAL RETAIL COMMERCIAL DISTRICTS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! AND••C-1" NEIGHBORHOOD COMMERCIAL DISTRICT US- __ BLOCK 1 RSUB.IECT TO THE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---A SPECIFIC REI UIREMENT CONTAINED IN THIS ORQI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POP- TIONS OF THE ZONING OR- ( DINANCE' DETERMINING t �.:- THAT TI4E PUBLIC INTER-' rain EST, MORALS AND GENER- ' CITY �+ r } AL WELFARE DEMAND THE C�1 1 �7�{/1: A f REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ZONING CHANGES AND AMENDMENTS HEREIN MADE,* ORDINANCEINSHALL BE ACCOUNT C I T 5 7 AMOUNT 61. 38 CUMULATIVE OF ALL NUMBER DUE ORDI- NANCES_,'PROVIDING A SEV-' • ING FOR PENALTY FOR IVI ]I IF ANY QUESTIONS, PLEASE CALL(817)390-7885 OLATIONS HEREOF; PAGE O PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI CIAL NEWSPAPER• ANH? PROVIDING AN EFFECTIVE. DATE. Section 7.Any person,firm oi,, corporation who violates,. disobeys,omits,neglects 054, refuses to comply with or, who resists the enforcement- of th any oin the prshall be find not more than Two Thou- sand Dollars I$2000.001 I CARROLL AVE for each offense. Each day that a violation is permitted 'LAKE, T X 7 6 0 9 2-9 5 9 5 61. 3 8 to exist shall constitute aPLEASE PAY crate offense. f Southlake THIS AMOUNT andra L.LeGrand, 'Secretary i PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram rtU. I.U. NU. 21 i14tf254 AD ORDER NO. 2571799 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 T' IE STATE OF TEXAS )unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMI E 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 TOTAL RATE AMOUNT NCH/LINE 10/04M3 2571799 / CITY OF SOUTHLAK I358 1x 87L 87 .66 57.42 CITY OF SOUTHLAKE,TEXAS 10/0 4-10/0 4 ORDINANCE NO.480-217 AN ORDINANCE AMENDING 1 ORDINANCE NO. 480 AS AMENDED, THE COMPRE HENSIVE ZONING ORDI- NANCE - - - - - OF THE CITY OF GRANTING E, A ZONING` CHANGE ON A CERTAIN TRACTOR TRACTS OF LAND WITHIN THE CITY OF SOUTH, LAKE, TEXAS, BEING AP, PROXIMATELY 3.49 ACRES SITUATED IN THE THOMAS MAHAN SURVEY ABSTRACT - - - NO. 1049 AND BEING A PORTIONOF TRACTS 3A1 3A2, AND 6A, AND MORE FULLY AND COMPLETELY - DESCRIBED IN EXHIBIT "A" FROM "I-1 PUD" LIGHT IN- DUSTRIALPLANNED UNIT DEVELOPMENT MENT DISTRICT TOIPLAN" GENERALIZED I TH SIGN ,. �C).A1. SITE PLAN DISTRICT WITH C-2" LOCAL RETAIL COM- MERCIAL DISTRICT USES ON PROPOSED LOTS 5, 6 S EDD"b-2" LOCALNRETAIL SWORN TO BEFORE ME, THIS THE 9th DAY OF OCTOBER 1996 COMMERCIAL DISTRICT ' Le—ir'\' AND "C-1" NEIGHBORHOOD S*;av-�r�u 'b4�'�® # COMMERCIAL DISTRICT US r.'� s'.y ES ON PROPOSED LOT 4 0.Y 4 d+' RHONDA R. GOKE $ Notary Public +BLOCK 1,SUBJECT TO THE u :,h SPECIFIC REQUIREMENTS ;?: •'4,� CONTAINED IN THIS ORDI- i• % COMMISSION EXPIRES f NANCE; CORRECTING THE �iN• OFFICIAL ZONING MAP;PRE- �h y• +�.> SEPTEMEER 8, 1999 TARRANT COUNTY,TEXAS SERVING OF THE L OTHER OR-R- ++.F o�i�'' DINANCE• DETERMINING �v�• �r��'� THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE • ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ZONING CHANGES AND f AMENDMENTS HEREIN MADE,' PROVIDING t TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A -- CUMULATIVE OF ALL ORDI- ING FOR PROVIDING A R VI- ERABILII'Y CLAUSE PROVID- • ,,,W. ING FORA PENALTY FOR VI- OLATIONS HEREOF, PROVIDING A SAVINGS SCLAUSE; PROVIDING FOR PUBLICATION THE ra CIAIAL NEWSPAPER" AND AND PROVIDING AN EFFECTIVE REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 DATE. ection 7.Any person,firm or corporation who violates, disobeys,omits,neglects or ACCOUNT AMOUNT refuses to comply with or NUMBER (ITS? DUE 57.42 who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou- PAGE IF ANY QUESTIONS, PLEASE CALL(817)390-7885 sand Dollars- ($2 000.00) 1 OF 1 for each offense.Each day that a violation is permitted to exist shall constitute a PASSED AND APPROVED BY THE CITY COUNCIL OF THE, CITY OF SOUTHLAKE, THIS THE 1ST DAY OF OCTOBER, 1996. /s/Rick Stacy, Mayor of Southlake ATTEST: /s/Sandra L.LeGrand, OF S O U T H L A K E City Secretary AP/s/E.AlenT ylor,r,Jr, J CARROLL AVE City Attorney avu i ALAKE , TX 76092-9595 PLEASE PAY 57.42 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED