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480-341CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-341 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 LOT 2R1, BLOCK C, COMMERCE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3817, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 6.65 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-I" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW "I-l" LIGHT INDUSTRIAL DISTRICT USES PLUS A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE TO "S-P-l" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW "I-1" LIGHT INDUSTRIAL DISTRICT USES PLUS A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE 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 N ICOMMUNITY DEVELOPMENT/WP-FILES/ZBA/PENDING/480 341 DOC Page 1 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 and general welfhre, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described properly is currently zoned as "S-P-1" Detailed Site Plan District to specifically allow "l-l" Light Industrial District uses plus a contractor's storage yard with outside storage 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, N:/COMMUNITY DEVELOPMENT/WP FII ES/ZBA/PENDING/480-341 DOC Page 2 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 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: N:iCOMMUNITY DEVELOPMENT/WP-FILES/ZBA/PENDING/480 341 .DOC 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 2R1, Block C, Commerce Business Park, an addition to the City of Southlakc, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3817, Plat Records, Tarrant County, Texas, and being approximately 6.65 acres, and more fully and completely described in Exhibit "A" from "S-P-1" Detailed Site Plan District to specifically allow '1-1' Light Industrial District uses plus a contractor's storage yard with outside storage to "S-P-l" Detailed Site Plan District to specifically allow 'I-1' Light Industrial District uses plus a contractor's storage yard with outside storage 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 N:/COMMUNH Y DEVELOPMENT/WP FILES\ZBA/PEND[NG/480 341 DOC Page 4 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 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 N /COMMUNITY DEVELOPMENT/WP FILES\ZBA\PENDIN(/480-341 .DOC 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 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 fidl fome and effect from and after its passage and publication as required by law, and it is so ordained. N /COMMUNIT5 DEVELOPMENT/WP-FILES/ZBA/PENDtNG~480-341.DOC Page 6 PASSED AND APPROVED on the 1st reading the /~ day of ~'~ ,2000. PASSED AND APPROVED on the 2nd reading the 0 day of(~,2000. MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ~/[~,~y~.6 ADOPTED: t ~ EFFECTIVE: ~ EXHIBIT "A" Lot 2RI, Block C, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3817, Plat Records, Tarrant County, Texas, and being approximately 6.65 acres Page 8 EXHIBIT "B" N /COMMUNIT5 DEVELOPMENT/WP-FILES\ZBA/PENDING~480 341 DOC Page 9 EXHIBIT "C" REGULAR PLANNING AND ZONING COMMISSION MEETING May 4, 2000 Motion was made to approve ZA 99-125 subject to Site Plan Review Summary No. 3, dated April 28, 2000, deleting Item #1 .a (minimum 75' stacking depth); deleting items #2.a (bufferyards) and #2.b (landscape islands) but accepting applicant's commitment to relocate required plantings to other areas of property; and deleting Item #3 (recycle bin screening). Motion: King Second: Muller Ayes: Boutte, Muller, King, Horne, Peebles Nays: None Approved: 5-0 Motion carried. (Planning and Zoning Commission meeting, 05-04-00, tape 1, section//5656) N /COMMUNIT5 DEVELOPMENT'~WP-FILES\ZBAkPENDING,480-341 DOC Page 10 EXHIBIT "C" REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS MAY 16, 2000 MINUTES Motion was made to approve the consent agenda as follows: Items g5-A, g5-B, g5-C, g5-D, #5-E, g5-F, g5-G, #5-H, #5-I, g5-J, g5-K, g5-L, g5-M, g8-C, subject to the Site Plan Review Summary No. 3, dated April 28, 2000, and subject to the recommendation of the Planning and Zoning Commission; Item #8-D, subject to the Site Plan Review Summary No. 5, dated May 11, 2000, and subject to the Planning and Zoning Commission recommendation; Item #8-E, subject to the Plat Review Summary No.2, dated April 28, 2000, and subject to the motion made by the Planning and Zoning Commission; Items g8-F, gl0-A, and #10-B as presented. Motion: Second: Ayes: Nays: Fawks DuPre Fawk, DuPre, Kendall, Moffat, Standerfer, Potter, and Stacy None N:/COMMUNITY DEVELOPMENT/WP FILES/ZBA/PENDING/480-341.DOC Page I 1 EXHIBIT "C" REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JUNE 6, 2000 MINUTES Motion was made to approve Ordinance No. 480-341,2nd Reading (ZA 99-125), subject to the Site Plan Review Summary No. 3, dated April 28, 2000; as approved in first reading. Motion: Fawks Second: Standerfer Ayes: Fawks, Standerfer, Potter, Kendall, Shankland, Stacy Nays: None Approved: 6-0 vote N /COMMUNIT~ DEV ELOPM ENT/WP-FILES/ZBA/PE NDINGI480-34 i.DOC Page 12 City of Southlake, Texas Tract Map ZA99-125 0 20~ F~ N g City of Southlake, Texas Surrounding Property Owners ZA99-125 Property Owner Zoning 1 AmP Management LLC 1. "1-1" 2. Automation Serv Engr Inc. 2. "1-1" 3. L. Pack 3. "1~1" 4. Four Star Investments 4. "1-1' 5. E. Mannhart 5. "1-1" 6. Ram Interests LP 6. "I-1' 7. Four Star Investments 7. "I-1' 8. Commerce Business Park JV 8. "1-1" 9. SLJ Commerce/Exchange II 9. "I-1" 10. SLJ Commerce/Exchange lI 10. "I-I" 11. Market Loop Ltd. 11. "I-1' 12. L. Burcherr 12. "I-1" 13. J. Wang 13. "I-l" 14. SLML, LP 14. "I-l" Land Use Description 1. Industrial 2. Industrial 3. Industrial 4. Industrial 5. Industrial 6. Industrial 7. Industrial 8. Industrial 9. Industrial 10. Industrial 11. Industrial 12. Industrial 13. Industrial 14. Industrial Acreage 1. 1.36 acres 2. 0.89 acres 3. 0.92 acres 4. 0.95 acres 5. 1.65 acres 6. 1.25 acres 7. 1.25 acres 8. 3.76 acres 9. 1.66 acres 10. 1.66 acres 11.0.82 acres 12.0.83 acres 13.0.83 acres 14. 1.65 acres N:\Community Development\WP-FILES\NOTICE\99Exhibits\99125ZSP.doc INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 172660151 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/19/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 5/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17266015 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 5/19/00 CITY OF SOUTHLAKE,TEXAS NOTIC 1358 1 118 118 LINE $5.79 $683.22 Sales Discount ,. CITY of ($587.64) souTHLAKE.TES NOTICE was hereby g� to all interested persons i met City Cots Southlakef Texas, wIM,ibe holding a public heanng dunng tT�t Net Amount: $95.58 regular city council meet to be held on June 6 2000,, at 7:00 p.m, The meeting o cib Cham in the City C Hall, 667 tiers of City North Carroll Texas..Venue, Fu Sppouthlake, besheldf regardithe ng the foaring l- lowing CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-341 AN ORDINANCE ME NO• 41:posARRL SAMENDED, THEHENSIVEOF ANS UTOHLAKEAGRANTING ZONING CHTRACT ON OR CERTAIN THE STATE OF TEXAS IN ATHE COITY LOF DSOUITH- County of Tarrant LAKE TEXAS BEING L S GALLY DESCRIBED CS COMMERCE` BBUSINES- Before me,a Notary Public in and for cr .can OFDITIsouTH- day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for:he Star Telegram, published by the Star-Tele LAKE TARsmkiT cOUN attached clipping of an advertisement To THE PLATARECORDED Tarrant County,Texas;and who,after being duly sworn,did depose and say that the 3 17 ABPLAT RECORDS named paper on the listed dates: TARRANT COUNTY TEX- AS, AND BEIV.NG APPROXI- ,e_, �`_w _ j ANOE MORE F ULL.YC ANd SUBSCRIBED AND SWORN TO BEFd SCRIBED EN EXHIBIT !?A:Irby 22,2000. i /FROM DETAILED SITE PLAN DISTRICT TO �, SPEC�IG TL''INDUSTRIAL i_ �` DISTRICT USES PLb OR- / CONTRACTORS aTOUT- SIDE STORAGEIT S-P 1" DETAILED SITE PLAN DAWN M. KUYKENDALL DISTRICT TO SPECIFICAL- LY ALLOW"I-1" LIGHT IN rc; Thank You For Your PaynlE DOR'5LUSTORAGEON USTRIAL YARD ; �_ COMMISSION EXPIRES WITH OUTSIDE STORAGE �` SEPTEMBER 13,2003 E AS DEPICTED SITE PLAN APPROVED AD RETORFEIN INCORPORATED17E. B„ AS EXHIBIT SU& JECT TO R E S trw E�UIREMEN pECIE ON- Remit To: Star-Telegram THIS ORDI- P.O. Box 901051 AY OF SOUTHLAKE FORT WORTH, TX 76101111114 /5U460151 $95.58 riarruum i✓r1e1osed: fi$ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 173895471 FORT WORTH,TX 76102 Invoice Date: 6/9/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 17389547 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA CITY OF SOUTHLAKE, TEXAS Publication Date: 6/9/00 ORDINANCE NO. . .. , 4843-341 AN ORDINANCE AMEND w •, 2 �"`� { ' """` "- 480 AS AMENDED, THE � - _ • COMPREHENSIVE ZON- CITY OF SOUTH • ING OROD NA SCE OU HLAKHE I358 1 108 108 LINE $5.79 $625.32 CITYZONING CHANGENON A AINSales Discount I TRACTS OF TLAND WITTCH ($537.84) IN THE CITY OF SOUTH- LAKE TEXAS BEING LE- GALLS' DESCRIBED AS LOT 2R1 BLOCK C COMMERCE BUSINESS + PARK, AN ADDITION TO THE CITY OF SOUTH- Net Amount: $87.48 LAKE TARRANT COUN- TY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A SLIDE 3817 PLAT RECORDS, TARRANT COUNTY, TEX- AS, AND BEING APPROXI- MATELY 6.65 ACRES AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW "I- 1' LIGHT INDUSTRIAL DISTRICT USES PLUS A CONTRACTOR'S STOR- AGE YARD WITH OUT- SIDE STORAGE TO 'S-P- 1' DETAILED SITE PLAN DISTRICT TO SPECIFICAL- LY ALLOW 'I-1- LIGHT IN- DUSTRIAL DISTRICT US- ES PLUS A CONTRAC- TOR'S STORAGE YARD THE STATE OF TE) WITH OUTSIDE STORAGE AS DEPICTED ON THE County of Tarrant APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS TO EXHIBIT ITSPCCI C SUBJECT RE-ntyand this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Before me,a Notary pU IREMENTS CONTAINED State, Telegram,published IN THIS ORDINANCE; at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the CORfTING THE OFFI- attached clipping of CIAL ZONING MAP, PRE-Ished in the above named paper on the listed dates: SERVING ALL OTHER PORTIONS OF THE ZON- ING MINING DTHATC T HEDEPUB-TER-��`S�¢neC LIC INTEREST, MORALS SUBSCRIBED AND DEMANDNE TH THE WELFARE , IS Tuesday,June 13, 2000. CHANGES AND AMEND- MENTS PROVIDING ERT EIN M HAT THIS ORDINANCE SHALL BE Notary Public CUMULATIVE OF ALL OR- DINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL- - - — — - TY FOR VIOLATIONS HEREOF PROVIDING A DAWN Y. KUYKENDALL SAVINGS CLAUSE,: PRO- VIDING FOR PUBLICATION �r COMMISSION EXPIRES 7� IN THE OFFICIAL NEWS- i nan1C YOU FO- PAPER AND PROVIDING '-, AN ER-ECTIVE DATE SEPTEIJIBER tg,2003 SECTION 7. T —Any person, firm or corpo- ration who violates, dis- obeys, omits,. neglects or refuses to comply with or who resists the enforcement of any of the provisions of this or- Remit To: St dinance shall be fined Customer ID: CIT57 not more than Two hou sand Dollars ($2,000.00) P. for each offense. Each Customer Name: CITY OF SOUTHLAKE day that a violation is Fr) constitute a separate of- pemuted to exist shall 76101-2051 Invoice Number: 173895471 fense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH-. Invoice Amount: $87.48 ' HEhEAYFETE6tD OJUN 2000. PO Number: MAYOR RICK STACY ATTEST: ... __ .. ..,,__,,. SANDRA L. LEGRAND, Amount Enclosed. I CITY SECRETARY • APPROVED AS TO FORM: E. ALLEN TAYLOR JR., CITY ATTORNEY