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480-282CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-282 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 3.046 ACRES ON PROPERTY LEGALLY DESCRIBED AS TRACT 6D SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT 'A" FROM "AG" AGRICULTURAL TO "O-1" OFFICE COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN ]'HIS ORDINANCE: CORRECTING THE OFFICIAL ZONING MAP; i'RESERVING 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 ttEREOF; 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 Chm'ter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter t; oI thc l'exas I,ocal Government Code; and, WIIEREAS, pursuant to Chapter 211 of the Local Government Code, the City has thc authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land tbr business, industrial, residential and other purposes, and to amend said ordinance and map tbr the purpose of promoting the public health, safety, morals and ?neral welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WI IEREAS, a chm~gc in the zoning classification of said property was requested by a person t~' corporation having a proprietary interest in said property; and WI1EREAS, 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 inotoring public and the pedestrians using the Ihcilities 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 traltic reasonably uxpcclcd 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 lbr off-street parking facilities: k)cation of ingress and egress points lbr 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 thc general welI:are; effect on Light and air; effect on the over-crowding of the land: effect on the concentration of population, and effect on transportation, water, sexverage, schools, parks and other public t;acilities; 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 fbr particular uses and the view ~o cooscrve the value of the buildings, and encourage the most appropriate use of the land throughout this (lily: and. \VHEREAS, thc City Council of the City of Southlake, Texas, does lind that there is a public necessity tbr 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 ×oning 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 deternfined that there is necessity and need for the changes in zoning and has also lbund amd determined that there has been 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 Ibels that the respective chm~ges in zoning classification for the tract or tracts of land are neede& arc called fbr, and are in the best interest of the public at large, the citizens ot' the city of Southlak¢. cxas. and helps promote the general health, safety and welfare of the community. NOW, 'l HEREFORE, BE iE ORDAINED BY THE CITY COUNCIL OF THE CITY OF '-;()/! I-HLAKE. TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City 5oulhlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended. hereb) amended so that the permitted uses in thc hereinafter described areas be altered, changed and anrended as shown and described below: Being 3.046 acres on property legally described as Tract 6D, situated in the Thomas M. Hood Survey, Abstract No. 706, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "O- 1" Office Commercial District. Section 2. That thc City Manager is hereby directed to correct the Official Zoning map C~ty of Southlake, Texas, to reflect the herein changes in zoning. Section 3. l'hat in all other respects the use of the tract or tracts of land herein above described shall be subject to all thc applicable regulations contained in said Zoning Ordinance and ~11 other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections. s~tbscctions, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance arc 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 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: t{) avoid undue concentration of population; and to f:acilitate the adequate provision oftransportation. xx ater. sewerage, drainage and surface water, parks and other commercial needs and development ,~1' tlac cmmnunity. 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 ~ppropriate usc of land throughout the conrmunity. Section 5. I'bat this ordinance shall be cumulative of all other ordinances of the City >4t~uthlake. Texas, affecting zoning and shall not repeal any of the provisions of said ordinances cxccpl in those instances where provisions of those ordinances are in direct conflict with the l~rox isions of this ordinance. Section 6. [hat the terms and provisions of this ordinance shall be deemed to bc 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 the balance of said tract or tracts of land described herein. Sccti0n 7. Any person, firm or corporation who violates, disobeys, omits, neglects or rclhses to comply with or who resists the enforcement of any of the provisions of this ordinance shall he fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a x iol ttion 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 an) and all xiolations 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 ~ re>l, under such ordinances, same shall not be affected by this ordinance but may be prosecuted tmtil final disposition by the courts. Section 9. ~[he 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 lb~ a public hearing thereon at least ten (10) days before the second reading of this ordinance, and il'this ordinance provides for the imposition of any penalty, fine or lbrf~iture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City ncx~ spaper one time within ten (I0) days after passage of this ordinm~ce, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. fhis ordinance shall be in full force and effect from and after its passage and mblicatiou as required by law, and it is so ordained PASSED AND APPROVED on the 1st reading the__ day of ,1998. MAYOR ATTEST: CiTY SECRETARY PASSED AND APPROVED on the 2nd reading the day of ,1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ('II'Y AITORNEY I)A I'E: ADOPTED: lift' ECTIVE: EXHIBIT 'A" EXItlBIT "A"