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480-236CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -236 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 2.9571 ACRES SITUATED IN THE J. CHILDRESS SURVEY, ABSTRACT NO. 253, TRACTS IEI AND lE2A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "S -P -1" DETAILED SITE PLAN DISTRICT WITH "I -1" LIGHT INDUSTRIAL DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE 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 and "S -P -1" Detailed Site Plan District with "I -1" Light Industrial District uses 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 L:\CTYDOCS\ORD\CASES\480-236.WPD Page 1 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 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 L:\CTYDOCS\ORD\CASES\480-236.WPD Page 2 and amended as shown and described below: Being a 2.9571 acre tract of land situated in the J. Childress Survey, Abstract No. 253, Tracts lE2A and lEl, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District and "S -P- 1" Detailed Site Plan District with "I -1" Light Industrial Uses to "S -P -1" Detailed Site Plan District with "CS" Community Service District uses, as depicted on the approved Site 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\480-236.WPD 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. MA OR ATTEST: * ITY SECRETARY PASSED AND APPROVED on the 2nd reading the 0 day of ' 1997. MA OR L:\CTYDOCS\ORD\CASES\480-236.WPD Page 4 EFFECTIVE: � I APPROVED AST FORM AND LEGALITY: CITY ATTORNEY ATTEST: L:\CTYDOCS\ORD\CASES\480-236.WPD Page 5 co 'X 1 Jc EFFECTIVE: � I APPROVED AST FORM AND LEGALITY: CITY ATTORNEY ATTEST: L:\CTYDOCS\ORD\CASES\480-236.WPD Page 5 EXHIBIT "A" 8EGZ2 UING at a11/2" iron pin found for the Southwest aornex of Tract I, said point being in the East boundary line of that tract conveyed to L.S. Cox as described in Warranty Deed recorded in Voluaw 1786, Page 451, Deed Records Tarrant County, Texas, and bein the Northeast corner of Tract IL 4 overal b described In said deed recorded in Volume 6073, Page 664 Deed 0cords Warrant County, Texas, and also being located North 417.31 feet from a 1/2' iron pLpe found at the South corner of said Tract II (overall); THEM63 South with the East boundary line of said Tract 11 and said L.B. Cox Tract, 100.00 feet to a point at the southeast corner of the called 100.00 foot wide strip of said Tract II; THENCE South 69 d egreea 51 minutes 25 neeonds West with the south boundary line of said 100.00 foot wLde strip and parallel to the North Boundary line of said L.B. Cox Tract and the south boundary lime of said Tract I 417. ?? feet to a int In the west Boundar line of said Cox Tract, also LsLng the called Went boundary line of said Childress Su rvey , and also being. the Southteat corner of said 100_00 foot wide strip of said Tract II; THENCE North aloug the called West boundary line of said Childress Sure s at 100.00 feet panning a 1/2" iron in found for the Southwest corner of said Tract I and continuing a total dieta=e of 308.33 feet to a 1/2 Lroa pin set for the Northwest corner of said Tract I, Qaid point also being the Northweat corner of said cox Tract, from which at 5!8'� iron pin found bears Went 1.32 feet; THENCE Forth 84 degrees 51 minutes 25 seconds East with the called North boundary ine of Bald Cox Tract, 417.77 feet to a 1/2" iron pin found for the Northeast corner of said Tract I and said Cox Tract; . TIMCE Sout with the East boundary line of gaid Cox Tract, at 19.64 feet paeaing a 1/2 iron pin found in the occupied South Right-of-'Way line of said county Road No. 3035, said paint beikg the 'Morthwdst corner of a tract conve to DanLel Garza, et ux Rita, as described In 'Warrant Dhed recorded in Volume 4507, Page 386 Deed Recorde, Tarrant County, Texas and continuin a total distance of 206.33 feet to THE PLACE OF SEGIRNING AND CONTAINING 2.9571 Acres of land, of which 0.3931 Acres .lies within the apparent Right -of -Way of said County Road. L:\CTYDOCS\ORD\CASES\480-236.WPD Page 6 ' � � 51��111 -1��`d SYX31 '3NY"iH1f1OS i IN - IIIW �0aNYa IOSI I i f S31UiSINIW V w ` S3HounHO H30IINV m_ Ei� 6 Q Q 2661 19 ddV O - N Q N. O z ul :I BYDOCS \ORD \CASES \480 -236. WpD y S31SIStNIW '8 � w S3H:DUnHO HOOIINY 6 Z661 r a 8dV UA ri L WPD Page 9 Star-Telegram AD ORDER NO. 110618401 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 . •STATEOFTEXAS my 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: r- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 5/23MEr 11068401 CITY OF SOUTHLAK I358 1x 79L 79 . 79 62 . 41 CIIYOF"SOUTHLAKE,TEXAS 0 5/2 3-0 5/2 3 DOMINA236 AN• ppG��RDftfyyNANCEO AMENDING ._.. AMENDED,,'TCE HEE COO. NIPRE HENS'JVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKEy TEXAS, GRANTING , A ZONIN CHANGE ON A CERTAIN -.. TRACT OR TRACTS OF LAND WITHIN THE,CITY OF SOUTH- LAKE, TEXAS, BEING AP- PROXIMATELY 2.9571 ACRES-SITUATED IN THE J. CHILDRESS SURVEY AB- STRACT.NO: 253 TRACTS 1B1 AND B2A,AND MORE FU Y AND COMPLETELY DE RIBED IN EXHIBIT "A" RO 'AG".AGRICULTURAL • • ICT AND "S-P'1" DE- D'SITE PLAN DISTRICT p-II" LIGHT INDUSTRI- T A�ILEp SITUSE PLAN DIS- S I G TRI -WITH CS"COMMUNI- TY , SERVICE DISTRICT c C COMMUNI- TY.,,,_ NMENTs SWORN T T E 27th DAY OF MAY CONTAINED INTHIS ORDI- ' NANCE, CORRECTING THE ,I•P'p��it OFFICIAL ZONING MAP;PRE- O:' :11 RHONDA R. GOKE ^� ,� ,, SERVING ALL OTHER POR- f2r �� %pr, Notary Public �'�..-6 uC-(� 1 TIO((4yS pF THE ZONING OR- 4 C-i. DINAN E DETERMINING Y•i COMMISSION EXPIRES THAT FIE PUBLIC INTER- 1,'i., 1 :"'% ES1O ALS AND GENER- 4r AC- SEPTEMBER 8 1999 AL LFARE DEMAND THE ''`f.',L = ' TARRANT COUNTY,TEXAS ZOi' G- CHANGES AND AMENDMENTS HEREIN MAC -PROVIDING THAT T HM ORDINANCE NCE SHALLB E CUM1049111E OF ALL ORDI-, NA PROVIDING A SEV- ER 6-Rf\LAUSPENALE'PROr FOR IVDI-1 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! O TIONS ., HEREOF' P OvnDING A SAVING TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----ThI\ — CL IJSE• P,gOVIDING FOR . POEt hC2 IN THE OFFI- PI t EF• AND DATPROVIDING,-- AN EFFECTIVE DATE., - Secti n 7:Any person,firm or Scor oration-who violates, wh 5is Omits,neglects or rain refs es Yo•thceomp)y with or wh resists the enforcement REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 of of provisions of thi,brdinacrre shall be fined notomore than Two Thou- sartd'Dollars (S2 000.00) ACCOUNT AMOUNT for ach offense. Each day that a Violation is permitted NUMBER C I T 5 7 DUE 62 . 41 to,.eaai5t,shall constitute a se pgyrate offense. PASS D•"AND APPROVED PAGE OF IF ANY QUESTIONS, PLEASE CALL(817)390-7885 THI 'TF1E 20TH DAY OF MAY. 1997' DURING THE 1 1 REG�LAR CITY COUNCIL ME'EMNG OF THE CITY C" SOIJRHLAKE,TEXAS. //s/BiBk Stacy,Mayor A/sTT/�;Sandra L.LeGrand, City Secregt�ary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., Cit Attorney • CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY THIS AMOUNT SOUTHLAKE, TX 76092-9595 62 . 41 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED I D NO. 22 3148254 AD ORDER NO. 10990934 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 THE STATE OF TEXAS unty 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 RATE AMOUNT INCH/LINE 5/10ME 10990931i NOTICE OF PUBLIC I358 1x 89L 89 . 79 70 . 31 NOTICE OF • 05/1-0-05/10 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 May 20, 1997 at 6:00 p.m. in the City Council Chambers of City Hall, 667 North Car- roll Avenue, Southlake,Tex- as. Purpose of the hearing is to - ----- - - -- - -- -- consider the second reading of the follow Cl ordinance: Pf OF SOUTHLAKE TEXAS ORDINANCE NO.480-236 AN ORDINANCE AMENDIN ORDINANCE NO. 480_ •� AMENDED THE COMPR : HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; SIG GRCHANGE ONAA CERTAIN TRACT OR TRACTS OF LAND Sl WITHIN TH TEXAS E CITY OFSOUTH- ;WORN TO BEFORE ME, THIS THE 15th DAY OF MAY 19 BEING PROXIMATELY 2.9571 : ACRES SITUATED IN THE J. '""�re.'� w�>,a:� CHILDRESS SURVEY AB- y P` h • �.. STRICT NO. 253 TRACTS ACTS $ o,- •,,, RHONDA R. GOKE NotaryPublic �'� 1E1 AND 1E2A AND MORE % ' -n'r FULLY AND COMPLETELY 411 : .' . COMMISSION EXPIRES DESCRIBED IN EXHIBIT "A" 4,,;, .t. „„ FROM AGRICULTURAL(TRACT 2 �'''-^ .��,i°' -;�-?TEMBER 8, 1999 TARRANT COUNTY,TEXAS AND"S-P-I"DETAILED SITE ,a . .-Q.,r. LIGHT I' PLAN NDUSTRIAL IAT LyDISTRITH ICT �� " USES(TRACT 1E1)TO"S-P- I"DETAILED SITE PLAN DIS- TRICT WITH"CS"COMMUNI- DRIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! 1 TY SERVICE DISTRICT US- I ES SUBJECT TO THE SPECIFIC REQUIREMENTS —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT CONTAINED IN THIS ORDI- �j NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHERPOR- TIONS ►V/�,u]j� OF THE ZONING OR- DINANCE' DETERMINING THAT THE PUBLIC INTER- I EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONINGt MEND CHANGES AND ram MADEDM PROVIDING THAT H REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 I THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCS- CLAUSE„:O PROVIDING ACCOUNT AMOUNT 1 EING FOR A PENALT A -FOR VI- NUMBER C I T 5? DUE 70 . 31 OLATIONS HEREOF" PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR PAGE 1 L pF IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PUBLICATION IN THE OFFI- CIAL PROVIDING AN EWSPAPEFFECTND VE DATE. Section 7.Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resist 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 constitute a separate shallSOUTHLAKE separate offense. ,City of Southlake Sandra L.LeGrand A R R O L L A V E PLEASE PAY City Secretary THIS AMOUNT , 1 SOUTHLAKE, TX 76092-9595 70 . 31 PLEASE WRITE IN AMOUNT ENCLOSED