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480-3204044) IA17199 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -320 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 TRACTS 11114. 11115. 1116E. AND ACRES, AND MORE FULLY AND COMPLETELY IN EXHIBIT "A" FROM "MH" MANUFACTURE DISTRICT TO "S -P'1" DETAILED SITE PLAN DI9 "I -1" LIGHT INDUSTRIAL DISTRICT USES 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 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 and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals WCOMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 320. DOC Page 1 and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "MH" Manufactured Housing District under the City'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 WHEREAS, 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 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 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 of 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 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 NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 320. DOC Page 2 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 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 Southlake, 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 for 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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, WCOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 320. DOC Page 3 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 Tracts 1B14, 11315, 1136E, and 1B6F situated in the Harrison Decker Survey, Abstract No. 438, and being approximately' 0.892 acres, and more fully and completely described in Exhibit "A" from "MH" Manufactured Housing District to "S -P -1" Detailed Site Plan District with "1 -1" Light Industrial District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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, 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 light and air; to prevent over - crowding of land; to N: \COMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 320. DOC Page 4 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 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. 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. N: \COMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 320. DOC Page 5 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 for 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 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 effect from and after its passage and publication as required by law, and it is so ordained. NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \450- 320. DOC Page 6 PASSED AND APPROVED on the 1st reading the ATTEST: day of , 1998. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: WCOMMUNITY DEVELOPMEI MWP- FILES \ORDINANCES \CASES \480- 320.DOC Page 7 EXHIBIT "A" BEGINNING at a112" iron found for the Northeast corner of the herein described tract, said point being by deed calls in a deed recorded in Volume 4307, Page 652, N. 89 55' -23° E. 1096.1 feet and S.0 11' -21" E. 363.39 feet from the Northwest corner of a called 67.15 acre tract as described in the last referenced deed, said point also being called S. 0 111 -21" E. 363.93 feet from the South line of Continental Boulevard; THENCE S.0 12-43 "E. 158.34 feet to a 1/2" iron found at the Southeast corner of the herein described tract, being the Southeast corner of the tract described in Volume 'i312, Page 2128, above referenced; THENCE N. 89 45' -13" W. 245.58 feet to a capped iron found in the East line of Timberline Drive; THENCE N. 0 01 -18' W. 158.33 feet along said East line 158.33 feet to a 1/2" iron found in same for corner, said point being the Northwest corner of the tract described in Volume 8044, Page 283, above referenced; THENCE S. 89 45' -16" E. 245.05 feet to the POINT OF BEGINNING and containing 38841 + / -- square feet = 0.892 acres. This tract is subject to the Dallas -Fort Worth Regional Airport Zoning Ordinance No. 71 -100 recorded in Volume 7349, Page 1106, DRTCT. LACITY MANAGER OFFICE \CITY DOCS \ORD \CASES \480- 320. DOC Page 8 8.4 2-3 EXHIBIT "B" swa 'ALLNnoo1NVSHV1'3NV'1Hinos illn03 3Nn'd3swu un / wG j ;11 sw alsAS !d U %S a•s : jJII old, IAA � imp gill T>t • ,f -_ r � � S i 4 �r iFl ti y I p I }T Y � i• Y7 �S� y 3 fY f AS _ < 3 b _3a 3zC YY }1 C7) �1d3.d3 _ Y F lj %S a•s : jJII old, IAA � imp gill T>t • -_ r � � %S a•s : jJII old, IAA � imp gill T>t LACITY MANAGER OFFICE \CITY DOGS \ORD \CASES \480- 320. DOC Page 9 ILAM A.,zq r � � S i w I Y y I p I }T Y LACITY MANAGER OFFICE \CITY DOGS \ORD \CASES \480- 320. DOC Page 9 ILAM A.,zq EXHIBIT "C" This page reserved for the approved City Council motion. LACITY MANAGER OFFICE \CITY DOCS \ORD \CASES \480- 320. DOC Page 10 SA-ZS . ......... s. .'#A 'f r r jTj Ii\ 9 JL IM Dl. IN bL) 3 AC 13 AC f I vl 12.678 >� ? 33 34 1A1 35 [3 .359 AC E" - tj � n TR 6F 36 4.07 AC 1A2 1B .735 C1 .093 0 A 37 ---------------------------------------------------------------------- 184J1 TR 1 134K3 2 " .46 ® 46 0 TR 181101) D. STOWE R 184J TR 1B4K .67 AC .46 ® .46 AC R 1134C W. LIGHTCAP TR 1B4K1 46 AC .515 fir yVv 244 fR 184P TR 184K2A H L. COOK S. HUGHES 46 AC .46 n I - ♦ fR TR 1 B4K2 R. UNDERWOOD S. HUGHES 1 I 4i 'R 1 U TR 184K2B SEE NOTE 1 46 ® .46 �,MH,� SEE NOTE 2 'R 1B4 TR 1 B4 .46 0 .46 AC T. MCCLELLAN 'R 1 B4T J. HALL TR 184H 46 ® .46 AC R 184S U TR 1 B4L5 " M H a U J. LEPP " H " .46 0 .46 AC W D. WINTERS Z M. LONG R 1 B4 to TR 1841-4 46 AC O 46 AC W TR 1813 �p R 1 B4 TR 1841-3 (q .4 AC 6D 46 AC .46 AC TR 1B11A TR .45 AC H TR 1816 i e R 184M TR 1B41-2 .4 AC 6c TR 1811 TR 1B8 T 6 AC 46 AC .45 AC 4 AC e R 1B4M3 TR 1B41-6A TR 1 B9 46 ® .46 0 .45 AC TR 1 B8A ie R 1 B4M 1 TR 1 B41-6 TR 1896 6 .4 AC 6s1 .46 ® .46 AC 45 AC TR 1 BBC 9 . a AC se R 184M2 TR 1B4L1 TR 1B9 F6 AC .46 AC "` TD 1DRD TR TR 184L7 ADJACENT OWNERS .6 AC .46 AND ZONING R 1 B4 TR 1 B4 .45 AC TR ieicI -6 AC .515 0 TR 1878 18 TR 1 B7A .4 AC 6A7 2 .4822 0 2 AC T441BC I 43 AC TR 1B7 6 .38 AC 6 U4 3 EXPLORER PIPELINE CO. TR 181A 15.6 AC CONOCO INC_ ETAL nl - nn TR 1B1 1 is Rr.A AT *Note 1: Tract 1 B12 Owner of land: G. Marsh Owner of mobile home: C. Sanson *Note 2: Tract 1 B 12A H Owner of land: M. Brewer Owner of mobile home: M. Vincent 1.1