Loading...
480-2321,11-,� - �l 3�iP�97 CITY OF SOUTHLAKE, TEXAS OPI 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 qqtnfnefcW 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 WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by L:\CTYDOCS\ORD\CASES\480-232.SP2 Page 1 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 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 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, 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 1. 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 below: L:\CTYDOCS\ORD\CASES\480-232.SP2 Page 2 g � Bem a Add / being approximately 1 of land situated in they and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, fro , to 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 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 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 L:\CTYDOCS\ORD\CASES\480-232.SP2 Page 3 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 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. 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 , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. I. •; L:\CTYDOCS\ORD\CASES\480-232.SP2 Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-232.SP2 Page 5 EXHIBIT "A" BEGINNING at a 5/8 inch iron pin found for the.common Southwest corner of Lot 4R -2,R -3, Block A, of said Southlake Bank Place and Northwest corner of Lot 3, Block A, said Southlake Bank Place in the East right -of -way of Bank Street; THENCE with said Bank Street, North 00 degrees 05 minutes 22 seconds East, 440.00 feet to a point for corner; THENCE departing said Bank Street, South 89 degrees 54 minutes 38 seconds East, 177.5 fee[ to a point for corner; THENCE South 00 degrees 05 minutes 22 seconds West„ 106.71 feet to a point for corner; THENCE South 32 degrees 35 minutes 29 seconds East, 284.42 feet to a point for corner, THENCE North 89 degrees 43 minutes 55 seconds East, 201.24 feet to a.point for corner; THENCE South 87 degrees 43 minutes 04 seconds East, 270.18 feet to a point for corner, THENCE North 58 degrees 29 minutes 27 seconds East, 155.00 feet to a point for corner in the West right -of -way of State Highway (S.H.) 114, said point being in a curve to the left having a central angle of 04 degrees 06 minutes 04 seconds, a radius of 2,799.06 feet and a long chord which bears South 37 degrees 06 minutes 55 seconds East, 200.31 feet; THENCE along said curve to the left an arc distance of 200.35 feet to a monument found for the common Southeast corner of said Lot 6, Southlake Bank Place and the Northeast corner of Grapevine Industrial Park, an addition to the city of Grapevine, Tarrant Cpunty, Texas according to the plat recorded in Volume 388 -111, Page 27, P.R- T.Co.,Tx., in the North right -of -way of Industrial Blvd; THENCE with the South line of said Lot 6 and South. 89 degrees 40 minutes 36 seconds West, 322.68 feet to a %2 inch iron pin found for the common Southwest corner of Said Lot 6 an4 the most southerly Southeast corner of said Lot 4R-2R-4; THENCE along the South line of said Lot 4R-2R-3 as follows, ■ South 89 degrees 29 minutes 08 seconds West, 133.43 feet along the North line of said Grapevine Industrial Park to a 5/8 inch iron pin; ■ South 89 degrees 44 minutes 40 seconds West, 432.89 feet along the North line of said Grapevine Industrial Park to a 1 inch iron pin found for the common Northwest corner of Grapevine Industrial Park and the Northeast corner of said Lot 3, Block A, Southlake Bank Place; ■ South 89 degrees 58 minutes 51 seconds West, 161.71 feet along the North line of said Lot 3 to the Point of Beginning and containing 4.038 acres. L: \CTYDOCS \ORD \CASES \480 -232. SP2 Page 6 EXHIBIT "B" O 2661 T T dv F J 4 q ;m � � 3 6 i i ; i UP 11 goo -G(, L' ; j0 j e a k ! r i���� o !1 j� j jtb 1 N ' �??�I�j; :eiaiai n q 3 lai i d i 1 1 j, E'i �i ' 111 ;1;,. i'Jill Qfi 6 p yy I t pp it g i1 g i g t p it j p i�li i y N ti 3 pp iss 91 51 � i � %j #j 8. S. !'. S. !'Aaj 11111 €A s S o 0 w• � / '/ / .....': ti'.:.,...... • ••• •w�t va :rnr -yo— •tim ao>o�aoo ®aoRO svx:a.I. •�xv i.r.nos Q 4r vJ � YY J J a H EJ a3xoz — Smuov Goo- tl xJOZH '9 �P E- 2iZ -2S4 SSOZ 3JV'Id XNVH 3xtl'IH1.nOS ILMXL mo 3OVUO.Ls auvo lnxAs 3 lai i d i 1 1 j, E'i �i ' 111 ;1;,. i'Jill Qfi 6 p yy I t pp it g i1 g i g t p it j p i�li i y N ti 3 pp iss 91 51 � i � %j #j 8. S. !'. S. !'Aaj 11111 €A s S o 0 w• � / '/ / i rJrJ X i s C101 I .101 I 9101 .s4.[�. snv �� I [ldl L:\CTYDOCS\ORD\CASES\480-23 Page 7