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480-244CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-244 AN ORDINANCE AMENDiNG ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF TI-tE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 7.22 ACRES IN THE THOMAS EASTER SURVEY, ABSTRACT NO. 474, TRACT 3A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P- 2" GENERALIZED SITE PLAN DISTRICT WITH "O-1 TM OFFICE DISTRICT, "B-I" BUSINESS SERVICE PARK DISTRICT, AND LIMITED "I-l" LIGHT INDUSTRIAL DISTRICT USES TO "S-P- 2" GENERALIZED SITE PLAN DISTRICT W'ITH 'C-2" LOCAL RETAIL COMMERCIAL DISTRICT AND LIMITED "I-1" LIGHT INDUSTRIAL 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 add use of buildings, other structures and land tbr business, industrial, residential and other purposes, and to umend said ordinance and map for the purpose of promoting the public health, safety, morals and general welt;are, all in accordance with a comprehensive plan; and WHEREAS. the hereinafter described property is currently zoned as "S-P-2" Generalized Site Plan District with "O-1" Office District, "B-1" Business Service Park District, and limited "I-l" Light Industrial District uses under the Cit?'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 48!) 244 SP2 Wt IEREAS. the City Council of the City of Southlake, Texas, at a public hearing called by thc 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. Iights 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 facilitiesi 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 v, qth 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; artd, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need fbr 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 tbr a change since the tract or tracts of land were originally classified and- therefore feels that thc respective changes in zoning classification for the tract or tracts of land are needed, are called lbr. and are in the best interest of the public at large, the citizens of the city of Southlake, l'exas, 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 SOL ItILAKE. 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 ~C FYDOCS/ORD\CASES\480 244 SP2 Page 2 and an~ended as shown and described below: Being approximately 7.22 acres of land situated in the Thomas Easter Survey, .Abstract No. 474, Tract 3A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, fi.om "S-P-2" Generalized Site Plan District with "O-1" Office District, "B-I" Business Service Park District, and limited "I-I" Light Industrial District uses to "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District and limited "[-I" Light Industrial District uses, 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 heroin above described shall be subject to ail the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the Citv 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 Iight 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 xvater, 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. · ect~on 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 ~l' the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or lefuses to comply with or who resists the entbrcement of'any of the provisions of this ordinance shall he fined not more than Two Thousand Dollars (S2~000.00) /'or each offense. Each day that a I xCTYDOCS'~ORD'CASES~,480 244 SP2 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 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 Ibr 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 t/me 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 afl:er its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 6~0 day of ~ , 1997. ITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~_ day of ~ ,1.997. L:~CTYDOCS\ORn~CASES\480 244 SP2 Page 4 ATTEST: CITY SECRETARY EFFECTIVE:~'/ ~! 1(~ 7 - APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEy I-:\CTYDOCS\OR D~CASES\480-244 S p2 Page 5 EXHIBIT "A" Requested zoning of "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses: BEGINNING at a Texas Department of Transportation (TxDot) concrete monument for the Northwest corner of said Southlake Properties tract, said point being in the South right-of-way line of East Southlake Boulevard (FM 1709) and also being in a curve to the left; ~ENCE Easterly with the Northerly boundary lig~ of said Southlake Properties tract and said South right-of-way line and said curve to the left having a radius of 1,974.86 feet, a central angle of 10 degrees 33 minutes 47 seconds and a long chord of South 81 degrees 25 minutes 11 seconds East, 363.57 feet; THENCE Easterly along said curve, an arc distance of 364.08 feet to a point; · ~{ENCE departing said right-of-way South 01 degrees 29 minutes 16 seconds West 297.96 feet to a point for a corner; THENCE South 89 degrees 25 minutes 37 seconds West, 365.11 feet to a point in the West line of said Southlake Properties tract; THENCE along the West line of said Southlake Properties tract North 00 degrees 34 minutes 23 seconds West, 81.38 feet to a railroad rail; THENCE along the said West line North 00 degrees 16 minutes 37 seconds West, 274.38 feet to the Point of Beginning and containing 2.67 acres. [ 9, CTYDO 'S~ORD~CASES'48) 2-M SP/ Requested zoning of "S-P-2" Generalized Site Plan District with limited "I-I" Light Industrial District uses: BEGINNING at a 1 inch pipe found for the Southwest corner of said Southlake Properties tract, said point being the most Southerly Northwest corner of ommerce Business Park, an additioh to the city C ~ of Southlake, as recorded in Volume 388-214, Page 60 Plat Records, Tarrant County, Texas; ' THENCE North O0 degrees 34 minutes 23 seconds West along the West line of said Southlake Properties tract, 405.50 feet to a point for corner; THENCE THENCE THENCE THENCE North 89 degrees 25 minutes 37 seconds East 365.11 feet to a point for an ell corner; North 01 degrees 29 minutes 16 seconds West, 297.96 feet a point for corner on a curve in the Sofith right-of-way of E. Southlake Blvd. (FM 1709), said curve to the left · having a radius of 1,974.86 feet,' a central angle of 01 degrees 44 minutes, 42 seconds, and a long chord which bears. North 87 degrees 34 minutes 25 seconds West, 60.14 feet; along said curve, an. arc distance of 60.14 feet to a 1/2 inch iron pin set for the Northeast'corner of said Southlake Properties tract, also being in the West boundary line of Lot 1, Block 'B' of said Commerce Business Park;. South 01 degrees 29 minutes 16.seconds East al'cng the East boundary line of said South~ke Properties tract ~nd the welt boundary of emid Slook 'B', CommeroQ Bumi~es~ Park, 734.99 feet to an "X" found cut in concrete for the Southeast corner of said Southlake Properties tract and the Northeast corner of Lot 5, Block 'B' of said Co~merce Business Park; THENCE North 85 degrees 59 minutes 32 seconds West along the South boundary of said Southlake Properties tract and the North boundary line of said Lot 5, 433.53 feet to the Point of Beginning and containing 4.57 acres. I :~CTYDOCS',ORD/CASESX480 244 SP2 EXHIBIT "B" i L:\CTYDOCS\ORD\CASES\4g0 244 SP2 Page 8 Star-Telegram FED. I D. NO. 22-3148254 AD ORDER NO. 11138753 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS County 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: .AIL AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT _ INCH/LINE 6/D6ME 11138753 CITY OF SOUTHLAK I358 1x 82L 82 .79 64 .78 CORDINANCENO. 80-2445 D6/06 AN ORDINANCE AMENDING ' ;DINANCE NO. 48C- AS AMENDED THE COT.' RE- HENSIVE ZONING ORDI- NANCE OF THE CTEXAS SOUTHLAKE, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND TH- CITY OF SO LyAKE!, TEXAS, BEING ITHN THE UAP- PROXIMATELY 7.22 ACRES SITUATED IN THE THOMAS EASTER SURVEY, AB- STRACT NO. 474 TRACT, 3A,-AND MORE FULLY AND gE E DESCRIBED D INXHIBTA"FROMSP2 GENERALIZED SITE PLAN DISTRICT WITH"0-1" SS DISTRICT, B-1" BUSINESS SERVICE PARK DISTRICT, _.— UDAIED GU J DSTRIL DISTRICT USES ^I C TO "S-P-2" GENERALIZED SE PLAN DISTRICT MC2"C IAOCALTRICT AALN DCLOM WORN TO BEFORE ME, THIS THE 12th DAY OF JUNE , 1 7 ITED "I-1' LIGHT INDUSTRI- AL',DISTRICT USES, SUB- //f ,f JECTQ TO THE SECIFIC N`\, GlN REQUIREMENTS CON-D Notary Public P. TAINED ,.._ ,"-e_ .. IN THIS ORDI- .... ..ye%y RHONDA R. GOKE NANCE; CORRECTING THE q' OFFICIAL ZONING MAP;PRE- '' /i SERVING ALL OTHER POR- {P.. •£ COMMISSION EXPIRES TIONS OF THE ZONING OR- F!f Cup TARRANT COUNTY,TEXAS DINANCE' DETERMINING 5 • ;. SEPTEMBER 8 1999 THAT THE PUBLIC INTER- 4;E'•"'�'titr r EST, MORALS AND GENER-I .- AL WELFARE DEMAND THE ZONING CHANGES AND AAMENDMENT IDINGHEREINDRIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ETHIS ORDINANCE SHALL BE NANCES-PIVROVIDING A SEE OF ALL DVI- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------AERAJ3ILITY CLAUSE PROVID- ING..FOR A PENALTY FOR VI- PROVID NG A SAVILATNS NGFSs CLAUSE; PROVIDING FOR OFFICE OF PUBLICATION IN THE OFFI- CITY SECRETARY CIAL NEWSPAPER• AND PROVIDING AN EFrECTIVE t DATE. I Section 7..Any person,firm or tram REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 corporation who violates, disobeys,omits,neglects or refuses to comply with or who resist the enforcement ACCOUNT AMOUNT of any of the provisions of NUMBER (ITS? DUE 64 . 78 this ordinance shall be fined not'more than Two Thou- sand Dollars (52 000.00) for,each offense. Each day PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 toyt a existolati is shall constitute permitteda , separate offense. PASSED b RING THE CITYAPPROVED MEETING HELD ON JUNE 3, As1 97. Eick STStacy,Mayor CSC�/yySandratL.LeGrand, y APPIjOVED AS TO FORM' /i/E'.Allen Taylor,Jr., Crty Attorney, CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76D92-9595 ITHIS AMOUNT� 64 . 78 PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 11068409 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 40 STATE OF TEXAS 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: 1- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT NCH/LINE 5/23ME 1106840 NOTICE OF PUBLIC I358 1x 89L 89 . 79 70 . 31 NOTICE IS HEREBY GIVVEN to 05/23-G5/23 • •II interested persons that V10 City Council of the City of Southlake, Texas, will be ---- holding a public hearing dur- ingthe Regular City Council Meeting to be held on June 3, 1997,at 6:00 p.m.in the City Council Chambers of • City Hall, 667 North Carroll Avenue,Southlake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-244 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED THE COMPRE- HENSIVE ZONING ORDI- ANCE OF THE CITY OF UTHLAKE, TEXAS NTING A ZONING ANGE ON A CERTAIN ACT OR TRACTS OF LAND S I ITHIN THE CITY OF SOUTH- -- LAKE, TEXAS, BEING AP- PROXIMATELY•7.22 ACRES SI EASTER SITUATED IN SURTVEYHOMAS AB- .WORN TO BEFORE M THE 27th DAY OF MAY STRACT NO. 474 TRACT 3A, AND MORE FULLY AND t COMPLETELY DESCRIBED a+•I'i`' IN EXHIBIT"A"FROM"S-P-2" F :O' ?`9e"h RHONDA R. GOKE GENERALIZED SITE PLAN ,;zi f -nr Notary Public �'�'�1'\- '�-- (--` DISTRICT WITH "0-1" OF- i•:`�\;/;•� COMMISSION EXPIRES FICE DISTRICT "B-1" BUSI- NESS SERVICE PARK DIS- r #, . i\• f SEPTEMBER $ 1999 TRICT; AND LIMITED •I-1" , ,•`• i r TARRANT COUNTY,TEXAS LIGHT INDUSTRIAL DISTRICT • i USES TO"S-P-2"GENERAL- I IZED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT DUSSTRAILEDISTRICTGUUSESS- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDI- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------A NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- / TIONS OF THE ZONING OR- �1 f i TD HAT THE PUB IC TERkITER-NG i 1/' , i - SEST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND ' AMENDMENTS HEREIN MFADE- PROIS VIDING THALL AE j REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ACCOUNT AMOUNT ERAPROVID- ING BILITY FOR A PENALTY F- OR VI- NUMBER C I T 5 7 DUE 70 . 31 OLATIONS HEREOF PROVIDING A SAVINGS t CLAUSE; PROVIDING FOR IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PUBLICATION IN THE OFFI- PAGE O CIAL NEWSPAPER- AND 1 PROVIDING AN EFFECTIVE " DATE. I Section 7.Any person,firm or corporation who violates, I disobeys,omits,neglects or refuses to comply with or who resist the enforcement of any of the provisions of this ordinance shall be fined of more than Two Thou- nd Dollars ($2 000.00) r each offense. Each day at a violation is permitted exist shall constitute a separate offense. F SOUTHLAKE Ci of Southlake City Secretary_Grand C A R R O L L A V E PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 70 . 31 PLEASE WRITE IN AMOUNT ENCLOSED