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480-288CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-288 AN ORDINANCE ,AMENDING ORDINANCE NO. 480, AS AMENDED. THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CttANGE ON A CERTAIN TRACT OR TRACTS OF LAND WII-H1N THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT lR2, BLOCK A, COMMERCE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 2552, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 0.78 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT FOR THE FOLLOWING "C-2" USE ONLY, SMALL ANIMAL HOSPITAL, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 CI IANGES AND AMENDMENTS HEREIN MADE: PROVIDING TIlAT THIS ORDINANCE SHAI.L 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 2ll 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 tYr 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 "I~1" Light Industrial District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person corporation having a proprietary interest in said property; and W,TtEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the Citv 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 l'acilities 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 or' 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 l;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 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 reqnires thc 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 Somhlake, 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 lbr 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, TItEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SO[!THLAKE, 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: Being Lot 1R2, Block A, Commerce Business Park, an addition to the City of Southlake. Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2552, Plat Records, Tarrant County, Texas, and being approximately 0.78 acres, and more fully and completely described in Exhibit "A" from "I-1" Light Industrial District to "S-P-l" Detailed Site Plan District for the following "C-2" use only, small animal hospital, 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, ~vords, 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 weffare 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 thc colnmunity. 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. Page 3 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 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 tbr a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides lbr the imposition of any penalty, fine or tbrfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time ~Sthin ten (10) days after passage of this ordinance, as required by Section 3.13 o f the Charter of the City of Southlake. Section 1 tL 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~, 1998. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the /~ day of~998. .,,,,,"_g ~ou'/.;':',,,,, ~ 0'_.. ...... ....6'z ~ 50..' ~.- =_ ~ :... .......... .~;~ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 5 EXHIBIT "A" Lot 1R2, Block A, Cormnerce Business Park, an addition to the City of Southlake, Tm'rant County, Texas, according to the plat recorded in Cabinet A, Slide 2552, Plat Records, Tarrant County, Texas, and being approximately 0.78 acres. The property is located on the south side of East Southlake Boulevard (F.M. 1709) approximately 180' east of Commerce Street. EXHIBIT "B" ii Ii I TRACT MAP 2 .4~2 ~ .685 O .32 0 TR 3C 5.263 AC A. SMITH 6.4.06 0 TR.SB ~ 2.718 Ac 'T1 O 26R I .,.~5 0 TR 8 .757 0 TR 381 .054 0 ~ H.K. M^RTI~ ADJACENT OWNERS AND ZONING 2R .634 AC R. PACK 1R 3.352 R. PACK D. STURDIVANT 6 1.58 AC 6 1.6 AC 7 1.36 AC 8 4.26 AC 5OR I_043 O 31 ~ 32,A .326 O S0 .55 AC 2 1.26 AC 58 ~ .015 C 4R1R .795 0 4R2R5 9.6527 I APPROVED DEVELOPMENT FOR SHARED ACCESS EAST Star-Telegram 1--CV. LV. IVV. LL'JI 40LO# AD ORDER NO. 13737423 400W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS anty of Tarrant Before me, a Notary Public in and for said County and State, this day Tammie Bryant personally appeared 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: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-288 AN ORDINANCE AMENDING ORDINANCE NO, 480, AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- DATE NANCE OF THE CITY OF SOUTHLAKE, TEXAS DESCRIPTION AD SIZE TOTAL • INCH/LINE RATE AMOUNT GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND 9/18ME WITHIN THE CITY OF SOUTH- 1 OF SOUTHLAK I358 1x 86L 86 . 81 69 . 66 LAKE TEXAS BEING LEGAL-��_ 9/18 LY DESCRIBED AS LOT 1R2, BLOCK A COMMERCE BUSI- NESS PARK,_AN ADDITION TO THE CITY OF SOUTH- LAKE, COUNTY, - PLAT RECORDED IN CABI- NET A, SLIDE 2552, PLAT RECORDS TARRANT COUN- PROXIMATELY 0 78 ACRES, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT'A"FROM 1-1-LIGHT IN- DUSTRIAL DISTRICT TO'S-P- 1" DETAILED SITE PLAN DISTRICT FOR THE FOLLOW- ING'C-2'USE ONLY,SMALL ANIMAL HOSPITAL AS DE- PICTED ON THE APPROVED' SITE PLAN ATTACHED HERE- TO ,AND INCORPORATED HEREIN AS EXHIBIT"B',SUB- JECT TO THE SPECIFIC RE- OUITHISEORDINC -CONTAINED S I G ERECTING THE OFFICIAL ZON- ING MAP,' PRESERVING AI.L OTHER PORTIONS OF THE 21St SEPTEMBER 1998 ZONING ORDINANCE- DE- SUBS TERMINING THAT THE'PUB-RN TO BEFORE ME, THIS THE DAY OF 1^/ MA INTEREST, MORALS `T� M1 AND GENERAL WELFARE DE- MAND THE ZONING CHANG- ES ►'�'�+'��'�'�'»'�'�'�'� AND AMENDMENTS .P.xVs, pc`'� Notary Public HEREIN MADE; PROVIDING RHONDA R. COKE V. THAT THIS ORDINANCE / ,SHALL BE CUMUATIVE OF 'AiALL ORDINANCES' PROVID- N% COMMISSION EXPIRES CLAUSE;ING A PROVIDINGAFORTA 41. ••./47 SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS PENALTY FOR VIOLATIONS ,Fti F� HEREOF• PROVIDING A SAV- INGS CLAUSE,' PROVIDING TOR PUBLICATION IN THE PLEA PROVIDLNGEANNPEFFECTVE ANAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DATE. Section 7.Any person,firm or AR corporation who violates, ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------4� — 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 Thou- sand Dollars ($2 000.00) Sta fora each offense. peck day that a violation is permitted to exist shall constitute a REMIT TO: , 400 W.SEVENTH ST. .FORT WORTH,TEXAS 76102 PASSEDIAe NDQAPPROVED ON THE 15th DAY OF SEPTEM- BER, 19 CITY 98O DURING CO THE NCIL ACCOUNT AMOUNT 1' Company')will engage in the NUMBER C I T 5 7DUE 69 . 66 telecommunications busi- ness in the State of Texas and in furtherance thereof, PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 will erect and maintain cer- tain items of its physical plant in the City of South- lake, Texas (hereinafter re- ferred to as the'City')pursu- ant to such rights as have been granted it by and under the laws of the State of Tex- as, and subject to the rea- sonable exercise of the pow- ers granted by and under said laws of the City and WHEREAS,it is to the mutual advantage of both the City and the Telephone Company that an agreement should be >UTHLAKE 1 entered into between the Telephone Company and the City establishing the condi- ,O L L A V E PLEASE PAY tions under which the Tele- phone Company shall main- T X 7 6 0 9 2-9 5 9 5 THIS AMOUNT 6 9 . 66 tale and construct its physi- I cal plant in the City in the future. (Sandra L.LeGrand City Secretary City of Southlake PLEASE WRITE IN AMOUNT ENCLOSED rtU. I.U. INV. LL-014tl'L04 Star-Telegram AD ORDER NO. 13 6 56273 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 / STATE OF TEXAS Illikty 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 TOTAL INCH/LINE RATE AMOUNT 9/04ME 13656273 NOTICE OF PUBLIC I358 lx 94L 94 . 81 76 . 14 NOTICE EARINHPUBLIC — Q_91.D.4-O. Il 4/ ,- 'Notice is hereby given to all in- terested persons that the City Council of the City of Southlake, will be holding a _.... ___ ...- _ _.. _... _. _... _... - _.... _.. public hearing during the Regular City Council meetingg to be held on September 15, 1998 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 S of the following_ordinance- CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-288 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS ENDED, THE COMPRE- NSIVE ZONING ORDI- CE OF THE CITY OF UTHLAKE, TEXAS• ANTING A ZONING HANGS ON A CERTAIN MIN TRACT OR TRACTS OF LAND Sl LAKEINTEXASIBEING LEEGAL-;WORN E 8th SEPTEMBER 1998 LY DESCRIBED AS LOT 1R2, ' DAY OF , BLOCK A COMMERCE BUST- i c`•. ,' ...,:"I NESS PARK AN ADDITION ,' *-P7,, �' JAi�E A. DERBY TO THE CITY OF SOUTH- ' "• COMMISSION EXPIRES Notary Publ LAKE TARRANT COUNTY ': e`TEXA§ ACCORDING TO THEPLAT RECORDED IN CAM- iiPt MARCH 2 19NET A, SLIDE 2552, PLAT errt-r r 99 RECORDS TARRANT COON- ���� TY, TEXAS AND BEING AP- TARRANT COUNTY,TEXAS PROXIMATELY 0.78 ACRES, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT'A'FROM'1-1"LIGHT IN- DUSDETAILEIDTRSIET PiAry ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DISTRICT FOR THE FOLLOW- ING-C-2'USE ONLY,SMALL ANIMAL HOSPITAL AS DE-. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�► — PICTED ON THE ArPROVED SITE PLAN ATTACHED HERE- TO ' AND INCORPORATED HEREIN AS EXHIBIT"B' SUB- JECT TO THE SPECIFIC RE- QUIREMENTS CONTAINED SIN THIS ORDINANCE' COR- RECTING THE CORRECTING THE OFFICIAL ZONING MAP• ram \ PRESERVING ALL MOTHER INING OFFICE OF REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PORTIONS OF THE ZONING ORDINANCE; O DETERMINING THAT THE PUBLIC INTER- CITY SECRETARY EST, MORALS AND GENER-i ACCOUNT AMOUNT AL WELFARE DEMAND THE7614 ZONING CHANGES AND NUMBER C I T 5 7 DUE ' AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE IF ANY QUESTIONS, PLEASE CALL390-7885 CUMULATIVE OF ALL ORDI-I PAGE], 817) NANCES•PROVIDING A SEV • - ERABILITY CLAUSE PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF' PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- VIDIINGEANSEFFEECtIVE DATED. Section 7.Any person,firm or corporation who violates, disobeys,rfss omits, ygwith or • refuses to comply with or who resists the enforcement of any oin the provisions of SOUTHLAKE this ordinance shall be fined not more than Two Thou- sand Dollars ($2 000.00/A R R 0 L L A V E PLEASE PAY for each offense. Each day that existosha In consti permitted✓�E , T X 7 6 0 92-9 5 9 5 THIS AMOUNT 7 6 . 14 separate offense. Sandra L.LeGrand City Secretary i City of Southlake PLEASE WRITE IN AMOUNT ENCLOSED