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480-238CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-238 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 29.51 ACRES SITUATED IN THE TIIOMAS EASFER SURVEY, ABSTRACT NO. 474, BEING TRACT 5A, AND A PORTION OF TRACTS 5, l lA, AND lib AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAi, DISTRICT TO "I-1" LIGHT IND/JSTRIAL DISTRICT, SAVE AND EXCEPT A PORTION OF TRACT 5, BEING A TRIANGULAR SHAPED AREA CREATED BY THE WESTERNMOST FIFTY (50) FEET WHICH SHALL BE "O-1" OFFICE 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 ZON1NG 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. WIIEREAS, 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 c) of the Texas l~ocal Government Code: and, WIIEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the ~uthorit> to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land lbr 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 WItEREAS, the hereinafter described property is currently zoned as "AG" Agricultural l)i~trict under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person ~r corporation having a proprietary interest in said properly; and I (rFYDO('SORn\CASES\480238AWPD Page i WHEREAS, the City Council of the City of $outhlake, Texas, at a public hearing called by thc City Council did consider the following thctors 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 fi~om 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 a4iacent property; street size and adequacy of width for traffic reasonabl) 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 oil:street parking facilities; location of ingress and egress points for parking and off:street loading spaces, and protection of p~flqic health by surfacing on all parking areas to control dust; el]act on the promotion of health ad ~hc general x,,elfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and el%ct on transportation, water, sewerage, schools, parks and other pt~blic t~cilities: and, Xx, H EREAS, tbe City Council of the City of $outhlake, Texas, further considered among other things the character of the districts and their peculiar suitability tbr particular uses a~d the view to conserx e the value of the buildings, and encourage the most appropriate use of the land throughout this (;it3'; and, V~ HERE. AS, the City Council of the City of Southlake, Texas, does find that there is a public n¢cessity for the zoning changes, that the public demands them, that the public interest clearly req~ires the an~endments, and that the zoning changes do not unreasonably invade the rights o£those xx ho 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 from fire, panic, and other dangers. promotes the health and thc general welfare, provides adequate light and air, prevents the over- crow ding of land, avoids undue concentration of population, and l:acilitates the adequate provision t,I transportation, water, sewerage, schools, parks and other public requirements; and, Al IEREAS, the City Council of thc City of Southlakc, Texas. has determined that there is a~ necessity and need tbr the changes in zoning and has also found and determined that there has been a change m the conditions of the property surrounding and in close proximity to the tract or tracts o I' land requested fbr a change since the tract or tracts of land were originally classified and therefore IL~els that the respective changes in zoning classification tbr the tract or tracts of land are needed, are called for, and are in thc best interest of the public at large, the citizens of the city of Southlake. I cx[ s, and helps promote the general health, safety and well'are of the community. NOW, THEREFORE. BE IT ORDAINED BY 'FILE CITY COUNCIL OF THE CITY OF St)l I'}I[AKE. I'EXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City o f 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 [ (IlYDO('S\ORDXCASES\480 238A WPD and amended as shown and described below: Being a 29.51 acre tract of kind situated in the Thomas Easter Survey, Abstract No. 4"4, being Tract 5A, and a portion of Tracts 5, 11 A, and 1 lB, and more Fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "I-1" Light Industrial District, save and except a portion of Tract 5, being a triangular shaped area created by the westernmost fifty {50) Feet which shall be "O-1" Office District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map el'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 ~m~cnded 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 conditinns reasonably anticipated to exist in the foreseeable future: lo lessen cougestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to a~ ()id undue concentration of population; and to facilitate the adequate provision of transportation. xx ater. sewerage, drainage and surthce water, parks and other commercial needs and development el Ibc community. They have been made after a full and complete hearing with reasonable c,msideration among other things nfthe character of the district and its peculiar suitability for the particula~ uses and with a view of conserving tile value of buildings and enconraging the most appropriate use of land throughout tile community. Scctiou 5. That this ordinance shall be cumulative of all other ordinances of the City of 'qoulbh~ke. Texas, affecting zoning and shall not repeal any of the provisions of said ordinanccs except in those instances where provisions of those ordinances are in direct conflict with the prox isions of this ordinance. Section ~. That the terms and provisions of this ordinance shall be deemed to be ~cvcrablc and that if the validity el,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 0t balance 0f said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or ret'uses to comply with or who resists the enforcement of any of the provisions of this ordim'mce sball bc fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a x iolation is permitted to exist shall constitute a separate offense. ¢IiYDO('SORD\('ASES\480 238A WPD Section 8. All rights and remedies of the City o1' Southlake are expressly saved as to any and all wolations of the provisions o£ Ordinance No. 480, as amended, or any other ordinances ~l'fi: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 or not. under such ordinances, same shall not be affected by this ordinance but may be prosecuted until tina] disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the propused ordinance or its caption and penalty together with a notice setting out the time and place l¢~r a public hearing thereon at least ten (10) days before the second reading of this ordinance, and il this ordinance provides Ibr thc imposition of any penalty, fine or forfeiture lbr any violation of an,~ of its proxisions, 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 oi'rlle Charter ot' the City of Southlake. Section 10. This ordinance shall bc in full tbrcc and effect from amd after its passage and publication as required by' law, and it is so ordained. i ASSED AND APPROVED on the 1st reading the day of ~1997. MAYOR ATTEST: CITY SECRETARY P,\SSED AND APPROVED on the 2nd reading the day of ,1997. MAYOR / (II~DO('S\ORD\CASES\480-238AWPD ATTEST: CITY SECRETARY EFFEC I'IVE: \PPROVED AS TO FORM AND LEGAI,ITY: ('1'I'5' ATTORNEY [ (']I'~D(}CSORDCASES\480238AWPD EXHIBIT "A" "i-1" Light Industrial District ] ('II'YDOI'S'ORD('ASES\480 238~ WPD "0-1" Office District [ CIIYDO('S'OI~,D~('ASES/480 238A WPD FED. I.D. NO 22-3148254 Star-Telegram AD ORDER NO. 10996367 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 TuE 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: DATE AD ORDER NO. DESCRIPTION AD SIZE INTOCH/ I RATE AMOUNT /LLINE 5/10ME 10996367 NOTICE OF PUBLIC I358 ' 1x 84L 84 . 79 66 . 36 PUBLICIHEARING CE OF l 5 iI) -IO S/ 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 following ordinance: CITY OF ORDINANCE NO. 80 238 AN ORDINANCE AMENDING • AMEDED ORDINANCE THE COMPRE- HENSIVE ZONING ORDI- "ANCE OF THE CITY OF N )UTHAKE, TEXAS 2ANTING A ZONING 1ANGE ON A CERTAIN iViACT OR TRACTS OF LAND ` LAKE,N TEXASBEING 1AP_• SWORN TO BEFORE ME, THIS THE 151-h DAY OF MAY , 1 97 PROXIMATELY 29.81 ACRES SITUATED IN THE THOMAS r EASTER SURVEY, AB- M.q, �0--1441A-t6.- STRACT NO. 474 BEING 1�••••P4,1 Notary Public TRACT 5A AND A ISORTION 'Z?' 9j t \-P' OF TRACTS 5 11A AND e_ ':.-A RHONDA R. GOKE O AND MORE FULLYC AND O'r'. �'% COMMISSION EXPIRES COMPLETELY DESCRIBED ,a: IN EXHIBIT "A" FROM "AG" 'i�'' ''� SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS AGRICULTURAL DISTRICT > ,,,,,,,,........,;;I:.--e TO I-I" LIGHT INDUSTRIAL hof DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS -, .ti.. CONTAINED CORRECTING ORDI- NANCE; T •. OFFICIALZONINGMAP;PRE- J ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SERVING IONS OF THE OZONINGPOR- DINANHAT THE PUBLICE INTER L—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A — EST, MORALS ANDGENER-THE /] � AL WELFARE DEMANDD THE (Wr ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT c THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- ING FOR PROVIDINGENALT A REV-�ram ERABILITY CAUSE'PROVID- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ING FOR PENALTY FOR F, PROVIglIk DING A SAVINGFS�• CLAUSE;IC PROINVIDING FOR ACCOUNT AMOUNT 66 . 36 CIAL A THE OND NUMBER C I T 5 7 CIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or IF ANY QUESTIONS, PLEASE CALL(817)390-7885 corporation who violates, PAGE 1 OFi refuses disobeys, to compy neglectsi or or I ll who resist the enforcement l 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 exist shall constitute a separate offense. City of Southlake Sandra L.LeGrand ecretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY THIS AMOUNT , SOUTHLAKE , TX 76092-9595 66 . 36 PLEASE WRITE IN AMOUNT ENCLOSED