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480-393CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-393 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 TRACT 5, GREEN MEADOW SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE ACCORDING TO THE PLAT RECORDED IN VOLUME 388-96, PAGE 45, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 10 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "CS" COMMUNITY SERVICE 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 (-'.ode; 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 general welfare, all in accordance with a comprehensive plan; and Page 1 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 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 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 Page 2 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 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 Tract 5, Green Meadow Subdivision, an addition to the City of Southlake according to the plat recorded in Volume 488-96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 10 acres, and more fully and completely Page 3 described in Exhibit "A" from "I-1" Light Industrial District to "CS" Community Service 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 Southtake, 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. Page 4 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. 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 Page 5 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 /,~t day of ~ , 2002. ,~C~NG CITY SECRETARY PASSED AND APPROVED on the 2nd reading the [/.tv day of ~ ,2002. M Y0k ATTEST: A~ING CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORN~EY DATE: dl~- (~" O~ ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Being Tract 5, Green Meadow Subdivision, an addition to the City of Southlake according to the plat recorded in Volume 488-96, Page 45, Plat Records, Tarrant County, Texas, and being approximately 10 acres. Page 8 ilk EXHIBIT "B" HD~DH~ ~[SIJ. dV8 NHOf '.ES ,i ,i Page 9 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 213322061 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/19/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21332206 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/19/02 CITY OF SOUTHLAKE,TEXAS ORDIN 13580 1 121 121 LINE $6.08 $735.68 Sales Discount SQUTHLAKE TEXAS ($637.67) ORDINANCE NO. 480-393 AMENDING INORDII-- AMENDED 480THE ZOCOMPREHENSIVE ING EHE ORDI-I- Net Amount: $98.01 NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE_ TEX- D U ASS BEING LEGALLY r_ 0 DESCRIBED AS TRACT 5, GREEN , MEADOW SUBDIVI- TO LATHE CITDYTIOF SOUTHLAKE AC- CORDING APR 2 21109 PLAT RECORDED IN VOLUME 388-96 PAGE 45, PLAT RECORDS, TAR- TEXAS AND°BEINYd -'_ - • APPROXIMATELY OFFICE JF CI I Td'RY THE STATE OFT: 10. ACRES, AND MORE FULLY AND County of Tarrant MPLETELY DE- CRIBED IN EXHIBIT "A"FROM"1-1"LIGHT INDUSTRIAL DIS-- Before me,a Nota IRICT To "CS'._ounty and State,this day personally appeared CHRISTY L. HOLLAND, Bid and Legal Coordinator puoritTrYRicrARg.-Telegram,for the Star-Telegr• Inc.at Fort W th,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached cl VED°NCON nt was published in the o e n ed paper on the listed dates: BIDS 8L L GALS DEPT. STAR TELEGRAM (817) 390-7182. CHEDPL HERETO - INCORPORAT- Dg HEREIN AS EX- O I THE. SPECEF C Signed �/ REQUIREMENTS CONTAINED IN THIS SUBSCRIBED AND CD IT NGCTFiECOF-ME, THIS Monday,April 22,/�2002. ‘ /1 FILIAL ZONING LC / tiC. MAP; PRESERVING (`// ALL T OF PTHE Notary Public ZONING ORDI- NANCE; DETER- VICKI L.WASON MINING THAT THE MORALSPUBLIC INTEREST,GEN- \ i3OMMiSSION EXPIRES AND ERAL WELFARE `4' Thank You F• DE CHANGES AND It AUGUST 28,2004 AMENDMENTS p,•.,,. w�ww.�� PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A S V- Remit To: St• PRAOVIIDING oa n Customer ID: CIT57 PENALTY FOR VIO- P. PROVIDING EARs2g' Customer Name: CITY OF SOUTHLAKE PRGpVIDING FOEf F PUBLICATION IN, 76101-2051 Invoice Number: 213322061 THE OFFICIAL NEWSPAPER, NAED F-- Invoice Amount: $98.01 FECTIVE DATE. SECTION 7. Any person, firm or PO Number: corporation who vio- lates,disobeys,omits, omct s wort h efor ew to Amount Enclosed: resists the enforce- ment of any of the provisions of this or- dinance 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 consti- PROVED BY THE CITY COUNCIL OF THE SOUTHLAKF OF EX- AS ON THIS THE 16th DAY OF APRIL, 200MAYOR. r.RICK STACY ACTING KICM BS C RETARY CITY SEC- APPROVED AS TO FORM. E. ALLEN ATT RNEYJR., CITY INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 212723851 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/4/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21272385 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 4/4/02 NOTICE OF PUBLIC HEARING CITY I3580 1 132 132 LINE $6.08 $802.56 NOTICE OF PUBLIC Sales Discount CITY OF SOUTH- LAKE, TEXAS ($695.64) NOTICE was hereby given to all interested persons that the_City Council of the City of Southlake,Texas,will be holdenn a public $106.92 hearing during the Net Amount: regular city council meeting to be held on April 16,2002,at 600 p m- or immediately following the work session.The meeting will be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas.Purpose of the hearin will be held reggardiing the follow- inORDINANCE NO. O 480-393 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDECOMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE THE STATE OF TEXAS GRANTING County of Tarran ON ONIANG CER AIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF Before me,a Not: SOUTHLAKE TEx- County and State,this day e nally appeared Christy Holland, Bid and Legal Coordinator for the Star-Telegl DESCRIJBED LEGALLY ,r-Telegram, Inc.at Fort orth in arrant County,Texas;and who,after being duly sworn,did depose and say that the attached i MEADOW'SUBDIVI- ent was published in the boy na d paper on the listed dat s: BIDS SE GAL DEPT. STAR T GRAM (817) 390-757i TO NtHAN ADITON E CITY IOF SOUTHLAKE AC- CORDING TO THE de" PLAT RECORDED IN 'VOLUME 388-96 Signed ( PAGE 45, PLA i RECORDS, TAR- SUBSCRIBED AN i, TRANT EXAS AND BEING ME, THIS Friday,April 12,2 APPROXIMATELY 10 ACRES, AND 'r l� )& MORE FULLY AND ■ /� COMPLETELY DE- Notary Public ` (0 SCRIBED IN EXHIBIT ----- A"FROM"1-1"LIGHT . .WASON TRICT TO 'CS" l' INDUSTRIAL DIS- {a1 a6j COMMUNITY SER- VICE �' EXPIRES MY CO VICKI L MMISSION EX VICE DISTRICT AS - Thank You F( 11,,V y DQNCo - ri nt +*'`' AUGUST 28,2004 CEPT PLAN AT- _.....w - TACHED HERETO AND INCORPORAT-' HIBIHEREIN E BEI SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS 7T Remit To: St �ORDINANCE, 'ECT NGCTHECOF- Customer ID: C1157 MAP LPRESERVING P.I ALL'OTHER P i - Customer Name: CITY OF SOUTHLAKE TIONS OF THE ZONING ORDI-r 76101-2051 Invoice Number: 212723851 FC MIINING' THATE TEE r PUBLIC INTEREST,' MOAL RALS AN WELFARE Invoice Amount: $106.92 DEMAND THE ZON- ING CHANGES NAD MEE N AND PO Number: HEREIN MADE_; „.. _.. i PROVIDING THAT Amount Enclosed: $j THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS ARSAAV- I lit `-J r-rIu IAL NEWSPAPER,• AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this or- dinance 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 consti- tute a separate of- fense. Kim Bush Acting City Secretary City of •Southlake, Texas