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480-293CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-293 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 LEGALLY DESCRIBED AS A PORTION OF TRACT 1C2 SITUATED IN THE L.B.G. HALL SURVEY, ABSTRACT NO. 686, AND BEING APPROXIMATELY 1.174 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS"- COMMUNITY SERVICE DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES EXCLUDING THE FOLLOWING USES: FROZEN FOOD LOCKERS FOR INDIVIDUAL OR FAMILY USE, NOT INCLUDING THE PROCESSING OF FOOD EXCEPT CUTTING OR WRAPPING; BOWLING ALLEYS; CONVENTIONAL GOLF COURSES, INCLUDING OUTDOOR DRIVING RANGES ACCESSORY THERETO, BUT EXCLUDING OUTDOOR MINIATURE GOLF COURSES; LODGES, SORORITIES AND/OR FRATERNITIES; MEDICAL CARE FACILITIES TO INCLUDE NURSING AND CARE HOMES, HOSPITALS WITH THEIR RELATED FACILITIES AND SUPPORTIVE RETAIL AND PERSONAL SERVICE USES OPERATED BY OR UNDER THE CONTROL OF THE HOSPITAL PRIMARILY FOR THE CONVENIENCE OF PATIENTS, STAFF AND VISITORS; MORTUARIES, FUNERAL HOMES AND UNDERTAKERS; SKATING RINKS, ICE AND ROLLER (INDOOR ONLY); AND TAVERNS, CLUBS AND OTHER COMPARABLE ESTABLISHMENTS UNDER WHICH THE ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES IS PERMITTED SUBJECT TO ISSUANCE OF A SPECIAL USE PERMIT AS REQUIRED IN SECTION 45 OF ZONING ORDINANCE NO. 480, 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 CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERAB1LITY 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 ~1 the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Gover~unent Code, the City has the autht~rity 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 ~tmend said ordinance and map for the purpose of promoting the public health, safety, morals aud general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinatler described property is currently zoned as "CS" Community Service District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a pcrs~m or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called b~ 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 tla~ l'acilities in the area immediately surrounding the sites; safety ti'om fire hazards and damages; nt~lse producing elements and glare of the vehicular and stationary lights and effect of such lights ,,n established character of the neighborhood; location, lighting and types of signs and relation of s~gns 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 ~eighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking tb~cilities; location of ingress and egress points tbr parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust: eifkct on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding oI 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 ~ther things the character of the districts and their peculiar suitability for particular uses and the xiew 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 rigl~ts 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 m zoning lessen the congestion in the streets, helps secure safety fi'om fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the ,)vet-crowding of land, avoids undue concentration of population, and facilitates the adequate ?l' )xksion 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 ~* a necessity and need lbr 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 reels that the respective changes in zoning classification 1Ur the tract or tracts of land are needed, are called fBr, and are in the best interest of the public at large, the citizens of the city ~I 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 SOETHLAKE, 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 am~ended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract 1C2 situated in the L.B.G. Hall Survey, Abstract No. 686, and being approximately 1.174 acres, and more fully and completely described in Exhibit "A" from "CS" Community Service District to "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses excluding the lbllowing uses: frozen lbod lockers lbr individual or family use, not including the processing ol lbod except cutting or wrapping; bowling alleys; conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; Lodges, sororities and/or fraternities; medical care facilities to include nursing and care homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; mortuaries, funeral homes and undertakers; skating rinks, ice and roller (indoor only); and taverns, clubs and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of Zoning Ordinance No. 480 as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B". SECTION 2. That thc City Manager is hereby directed to correct the Official Zoning map of the City Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. Tt~at in all other respects the use of the tract or tracts of land herein above described shall bc subject to all the applicable regulations contained in said Zoning Ordinance and all other ~pplicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are ~()t amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That thc zoning regulations and districts as herein established have been made in acC,,l-dance with the comprehensive plan for the purpose of promoting the health, safety, morals a~d the general welfare of the community. They have been designed, with respect to both present c(~nditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen c(~gestion 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, w~tcr, sewerage, drainage and surface water, parks and other commercial needs and development ,,f the c()mmunity. They have been made after a full and complete hearing with reasonable ct~nsideration among other things t)f 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 :~ppr~)priate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, 'Fcxas, affecting zoning and shall not repeal any of the provisions of said ordinances except in tt~,se 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 il the validity of the zoning affecting any portion of the tract or tracts of land described herein <hall be declared to be invalid, the same shall not affect the validity of the zoning of the balance t~! said tract nr 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 lined not more than Two Thousand Dollars ($2,000.00) tbr each offense. Each day that a x iolation is permitted to exist shall constitute a separate olfknse. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all x iolations 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 z~ccrued violations and all pending litigation, both civil and criminal, whether pending in court or nol, under such ordinances, same shall not be affected by this nrdinance but may be prosecuted cmtil final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed t~rdinance or its caption and penalty together with a notice setting out the time and place for a l~ublic 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 tnx 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 eft;ect from and after its passage and publication :ts 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 Al)PROVED AS TO FORM AND LEGALITY: ('ITY ATTORNEY DATE: Al)OPTED: EFFECTIVE: EXHIBIT "A" EXHIBIT "B"