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480-359CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-359 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 2 AND 2B2, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 3.6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED 1N EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "O-1" OFFICE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT 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 and gcneral welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 cxpected 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 vicw 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 neccssity 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 ncccssity 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, arc 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 OFSOUTHLAKE, 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 Tracts 2 and 262, John a. Freeman Survey, Abstract No. 529, and being approximately 3.6 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "O-1" Office District as depicted on the approved Concept 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, 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 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 thc 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 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. PASSED AND APPROVED on the 1st reading the . day of~ ,2001. ATTEST: ~o~.:'~l~ ~. ~CITY SECRETARY ....':/ -f/: ......... · ~,.. % '~/O ,,~' PASSED AND APPROVED on the 2nd reading the /q day of ~, 2001. ATTEST: CfTY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ~ ADOPTED: EFFECTIVE: EXHIBIT "A" TRACTS 2 AND 2B2, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 3.6 ACRES BI-r_61) NOV 9. 7 2000 EXHIBIT "B" INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 190654601 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 4/6/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 14001v1AIly ST Order Number: 19065460 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/6/01 1 Description Location Col Depth Linage MU Rate Amount CITY OF r,w7�m1r+ ._� CITY O. SOUTHLAKE, �,'I KJI'd ur 1�' s8 1 122 122 LINE S6.09 $742.76 NOTICE TEis XAS Zhereby NAANCE DETERM Ni- pgiven to all interested ING THAT THE Sales Di. Cour°it of he City of ESTBS,MORALS AND ($643.94) Southlake,Texas,will GENERAL WEL- be holding a public FARE DEMAND THE hearing during the ZONING CHANGES regular city council AND AMENDMENTS meeting to be held on HEREIN MADE' p.m. 17,2001,..i..00 PROVIDING THAT i be held in meeting City SHALL ORDINANCES E CUUA Net Amount: $98.82 ORDI- Town Chambers h1 00 Main f NANCESA PROVID- Street. Southlake, ING A SEVERABILI- Texas.Purpose of the TY CLAUSE; heregarding g tll be he follow- PENALTYI FOR VIO- ing CATIONS HEREOF; CITY OF PROVIDING A SAV- SOUTHLAKE, INGS CLAUSE; TORDINANCE NO. PUXAS BLICATION ON G FOIN 480-359 THE OFFICIAL AN ORDINANCE NEWSPAPER; AND AMENDING ORDI- PROVIDING AN EF- NANCE NO. 480 AS FECTIVE DATE. AMENDED 'THE SECTION 7. COMPREHENSIVE Any person, firm or ZONING ORDI- corporation who vio- NANCE OF THE lates, disobeys, ne- CITY OF SOUTH- glects or refuses to LAKE, TEXAS; comply with or who GRANTING A ZON- resists the enforce- ING CHANGE ON A ment of any of the TRACCERTTS OIN F CLANND T OR provisions shall be fined N S WITHIN THE CITY not more than Two co. OF SOUTHLAKE, Thousand Dollars • TEXAS BEING LE- ($2,000.00) for each AS GALTRAY CTSC2IAND haensa viiolatione. Each das Befo 2B2 JOHN A. permitted to exist d State,this day personally appeared Shalini Doss, 110 and Legal Coordinator, for the Star - FREEMAN FREEMAN SURVEY, shall constitute a T Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the PROXIM BEING 529, ;Sandrra L. Larate feGrand �t the above named paper on the listed dat attaf PROXIMATELY 3.6 City Secretary ACRES, AND MORE City of Southlake g ' FULLY AND CODE- igned PLETELY SCRIBED IN EXHIB- IT — - ---v.,L„.4_d IT "AV FROM "AG" AGRICULTURAL BEFORE ME., THIS Monda A n 09 2Su DISTRICT TO 'O-i" y, pOFFICE DISTRICT ..EUDESoN STHHEPIAAPT_PROVED CONCEPT Notary Public PLAN ATTACHED -"-- --- ----sq _.---------------- S EXHIB- IT"B", SU ABJECT O THE SPECIFIC RE- s ' QUIREMENTS CON- — TAINED IN THIS =';A It1'."P Ni, CHRISTY L.HOLLAND ORDINANCE; COR- RECTING THE OF-- TharFICIAL ZONINTuj•Payment . .A; MY COMMISSION EXPIRES MAP; PRESERVIr," °°55�� ALL OTHER Poi '•II-are JULY 31,2004 ilemit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 190654601 Invoice Amount: $98.82 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 191276401 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/20/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 19127640 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/20/01 IDescription Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN 1358 1 115 115 LINE $6.09 $700.20 CITY OF SECTION 7. SOUTHLAKE, Any person, firm or Sales TEXAS corporation who vio- ($607.05) ORDINANCE NO. fates, disobeys, 480-359 omits, neglects or re- AN ORDINANCE fuses to comply with AMENDING ORDI- or who resists the - NANCE NO.480 AS enforcement of any of AMENDED, THE the provisions of this COMPREHENSIVE ordinance shall be Net Amount: $93.15 ZONING ORDI- fined not more than NANCE OF THE Two Thousand Dol- CITY OF SOUTH- lars ($2 000.00) for LAKE, TEXAS; each offense. Eah GRANTING A ZON- day that a violation is ING CHANGE ON A permitted to exist CERTAIN TRACT OR TRACTS OF LANDshall constitute separate ffen a e. WITHIN THE CITY PASSED AND AP- OF SOUTHLAKE, PROVED BY THE TEXAS DESCRIBED CITY COUNCILITYOF AS TRACTS AND SOUTHLAKE, ON ATHIS THE FREEMAN SURVEY, 17tH DAY OF APRIL, ABSTRACT NO.529, 2001. PROXIMATELY AP ATTEOST RSANDRACL ACRES, AND MORE LEGRAND, FULLY AND COM- CITY SECRETARY PLETELY DE- APPROVED AS TO SCRIBED IN EXHIB- FORM: IT "A" FROM AG" • E. ALLEN TAYLOR, AGRICULTURAL JR. I N DISTRICTDE DISTRICTSTRICT CITY ATTORNEY COLAS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERE- RATED TO AND INCORPO- y a, State,this day t appeared 5 Iini Doss, Bid and Legal Coordinator, for tI. Star- EAHIBIITHEB",_ SUB-AS and for said Count Telt JECT` TO THE SE- -r Telegram, Inc.at Fc.:Worth, in Tarra Texas;a: - ,,'ho, after being duly sworn,did depose and sa> that the attac CIFIC CONTOA`IRE— -:ement was published the above name, 1 the listed . ,tes: MENTSIN THIS ORDI- NANCE CORRECT- ING THE OFFICIAL .;ned ZONING MAP; PRE- — -- - ------ -- ---- SERVING ALL OTH- SUBS THE Z°ORNINGNORDI:TO BEFORE ME,THIS Monday,April NANCE1 DETERMIN- ING THAT THE: PUBLIC INTEREST,.MORALS AND GEN- ',., otary Public ERAL WELFARE - DEMAND THE ZON-I ING CHANGES AND ♦- - y= i — -a4:te-l-j>1-2)7j:e1/2 � AMENDMENTS HEREIN MADE' DAWNM. KUYKENDALL PROVIDING � THIS ORDINANCNC Thant E E � COMMISSION EXPIRES SHALL BE CUMULA- �nt TIVE OF ALL ORDI- NANCESL PROVED- Payment SEPTEMBER 13,2003 ING A SEVERABILI- - - - - - - - - - - - - - - - - - - - - —— — TY CLAUSE; FOR A PENNALDTY IN FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE- PROVIDING FOR • ON IN Rem1- THE LICATIO OFFICIAL yam Customer ID: CIT57 R NEWSPAPEAND FECOTIVE,DATE. EF . 01051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 191276401 Invoice Amount: $93.15 PO Number: Amount Enclosed: $