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0334-034 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-34 AN ORDINANCE AMENDING ORDINANCE NO. 334, THE 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 APPROXIMATELY ONE ACRE TRACT OF LAND OUT OF THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 COMMONLY KNOWN AS JUSTIN GROCERY AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING TO RETAIL 1 ZONING DISTRICT. USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas, and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; 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 and the general welfare, effect on light and air, the effect on the over-crowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council of the City of Southlake, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied, effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on adequate light and air, the effect on the 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, 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, 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 undu':~ concentration of population, facilities the adequate provisions 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. 334, the Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of August, 1986, as originally adopted and amended, is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definition, Phrases, -2- and Works of said zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. That the allowed use of a certain tract or tracts of land being approximately one acre tract of land out of the Jesse G. Allen Survey, Abstract No. 18 commonly known as Justin Grocery and more fully and completely described in exhibit "A" from Agricultural Zoning District to Retail 1 Zoning District. Uses in accordance with the exhibit attached hereto, and incorporated herein, and with the specific requirements contained in the Ordinance. Section 2. The City Manager is hereby directed to correct the official zoning district maps 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. 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 present over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with reasonable 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. 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon -3- conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, creates an emergency for the immediate preservation of the City of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED +)n the lst reading the day of 1988. PASSED AND APPROVED oz the 2nd reading the day of ate- 19 8 8 . Johnny e to olm, May City of Southlake f„ ATEST:' "r poi •~,'','',r~~~,~ III~iiP 9eia°~4a® andra L. LeGrand, City Secretary APPROVED AS TO FORM: 14~ John F. Boyle, J City Attorney -4- 4.• , •, .191.U.:.-- . • U.-4„---....•• ...-., �.ti• �.__��•, ._ a .. : • ' •y • • opus' ;o sasae O• t bu1ule;uo3 pus buiuul6aq . ;o aye' n dt 03 1•a3 9f,'Sot eauitsaauaa piss !Wats gl=om 30N311. uosieid faun • as o ague;ejP • ;o aujjs a;ua3 anis nj lujod e �e ujd ua-s j u� bud iced sax 3,N3H.L 6ujnujauoo ;mai S•Eit 3a amus;s.P N3H.L • tiatuo3 =a3 ujd 11021 us o; ;sal 9v 59l i; dnoS 3,I3 we • lsauso� soj ujbuoTt iswtt6TH 'M •i Jo auj t •M'O'd ganoS a ail 03Asa; O'SEZ `6011 aous;SIP o Mt UTd uoij us 6ujssed ;sea g,N3H.L 6uinujluo* 3a03 S LE ;a 6u �u o4 pies '601, 1 •oN Aswg6jH 1Aan2ns pies 3o suit ;sail amp uj lb.; ;u104 ON d d�uc+o,) a'ON uvsiead 91 o suit ••y•O'd KZaoS aq4 q•�tw ( Ivo • a�kwajs �ujod s �e 9t�ir1!�I�fl . o aujisa;uao acts Jo �jlasslaluj su; a P sshotto; se ueise.L 'O t al;m toA #90E1 •ort 4ual ed pagTiosap 6ujaq Pus 'sexes 3�uno0 � o ;no puQt JO ��ela a 014/3a81 •ox 33e i;sgri 'xaI►S;iS MTV •P 3SS3r mil 1 alA3 S L.LgZdOgd 30 NO IsLd Id3S3Q s--rfe1 Pel .r..-',11 1 .••T . . _ 1ti 1 0 . 1 Z ( I :J'` 1 : \ 1\ . , t • ter! A _ _ _ _ I es, �^�,nrislO' sem• /O 'len il f �� . i;, • THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas: and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: June 12 , 1988 CITY OF EXAS LAKE, ORDINANCE NO.334-34 am & pm ING ORDINANCE NO. 3� THE ZONING ORDINANCE 'OF THE Y LAKE TEXAS GRANTOINGA ZON II1GCHANGE ON ACERTAIN TRACTS OF LAND WITHINRTHE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELI ONE ACRE TRACT OF LAND OUT OF THE JESSE G.AL- Signed '"i LEN SURVEY ABSTRACT NO.18 COMMONLY KNOWN AS JUSTIN GROCERY AND Subscribed and sworn to before me, this the MORE FULLY AND COM- 1 3 t PLETELY DESCRIBED IN EXHIBIT"A" FROM AGRI- 9 g g CULTURAL ZONING TO RE- CULTURALPublic TAIL 1 ZONING DISTRICT. Notary C USES IN ACCORDANCE �.. . y WITH THE EXHIBIT AT- TACHED HERETO WITH ,,,,,,, ..cam,-...>:e • " ""* THE SPECIFIC RE DIRE CeXdS, '`,2;,Z,.,y' DEBRA MORRIS �prw..•..,s,- MENTSCONTAINEDINTHIS y ORDINANCE CORRECTING # i I , I Notary Public MAP PRESERVINGNALL f ' , '�' STATE OF TEXAS OTHER PORTIONS OF THE "� PRO• •Vt ".^ •,"' ZONING ORDINANCE; VIDING A SEVERABILITY h, °*,.,.„„,„. My Comm. Exp. Oct.23,1991 +` CLAUSE HAT TIfE PUBLICNINTER � '^ a ALT�NME LFARENDEMAND THE ZONING CHANGES HEREIN MADE; PROVID N INGAPENALTYNOTTOEX- C GEED THE SUM OF TWO TA,THOUSAND DOLLARS ($200000)ANDASEPARATE OOF'FENSE SHALL BE Z DEEMED COMMITTED V UPON EACH DAY DURING C OR ON WHICH A VIOLATION T OCCURS AND PROVIDING E AN EFFECTIVE DATE. A T PASSED AND APPROVEDA BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE I A• S INFSECOND READING ON JUNE 7,1988. T is/Johnny H.Westerholm Mayor of Southlake ATTEST: /s/Sandry Secretary Cit UO APPROVED AS TO FORM: O /s/JohnClty Ale F. yYttorney A CITY /s SaandraOL.LeGrand UTHLAKE I City Secretary Fort Worth Star=1elegram . 400 W SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 TOTAL DATE I DESCRIPTION AD SIZE I INCH/LINE I RATE AMOUNT JUN 12 6150152 June 12 AM & PM CL . 008 1X65 L 65 . 35 22 . 75 01 AFFIDAVITS CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.334-34 INN GORDINANCE ORDINANCE NO. 33D4 THE ZONING ORDINANCE LF OUTH- LAKEHTEXAS GRAE CITY OF NTIINGA ZONING CHANGE ONACER- 'ZTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF S SOUTHLAKE, BEING APPROXIMATELY ONE ACRE TRACT OF LAND 1 OUT OF THE JESSE G.AL- *********************************** 1LEN SURVEY ABSTRACT NO.18 COMMOFILY KNOWN * * IAS JUSTIN GROCERY AND MORE FULLY AND COM- * RECONCILE ALL INVOICES WITH * RIBED IN EXHIBITY"A"FROMAGRI CULTURAL ZONING TO RE- i * MONTHLY STATEMENT . * ITAIL 1INZONING DISTRICT. I USE* CALL 390-7501 WITH DIFFERENCES • * WITH THE EXHIBIT AT- TACHED HERETO, WITH * I * THE SPECIFIC REQUIRE- MENTSCONTAINED INTHIS *********************************** OOR I AN EC`CO ZONING PRESERVING ALL O HPf R PORTIONS OF THE ZONING ORDINANCE;PRO- VIDING A SEVERABILITY e ,,,,2 CLAUSE DETERMINING THAT THE PUBLIC INTER- . . EST MORALS AND GENER- AL `NELFARE DEMAND THE ZONING CHANGES c' AND AMENDMENTS HEREIN MADE; PROVID- INGA PENALTY NOTTOEX- CEED THE SUM OF TWO T, ., ^^ THOUSAND DOLLARS OFF tCE OZ. ($2,000.00)ANDASEPARATE OFFENSE SEC TV COMM G UPON EACH DAY DURING OR N N OCCOURSHANDAPROVIDING t";"(ILH\ AN EFFECTIVE DATE. PASSED AND APPROVED THE THE CITY COUNCIL OF THE CITY COUNCILOF THE CITY OF SOUTHLAKE,TEX- Atf DUNE 1CO1 N8D READING CURRENT /s/Johnny H.Westerholm T PERIOD I ACCOUNT NUMBER Mayor of Southlake ATTEST: O N RECPT /s/SandClty Secretary /12 CIT57 APPROVED AS TO FORM: /s/John F.Boyle,Jr. IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER., - , 6 •A• MEN •T(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. 1.---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ------► • ADVERTISING STATEMENT Fort Worth REMIT TO P O BOX 99074 • FORT WORTH, TEXAS 761 6150152 ACCOUNT NUMBER CIT57 PAYMENT DUE DATE ON RECPT PAGE 10F CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 22 . 75 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D. NO.22-2573893 DATE DESCRIPTION AD SIZE TOTAL RATE I AMOUNT INCH/LINE • MAY 25 6141046 May 25 AM & PM CL . 008 1X67 L 67 . 35 23 . 45 01 AFFIDAVITS NOTICE OF PUBLIC HEARING NOTICE Is given to all interest- ed persons that the City Council of the City of Southiake Texas, will be holding a publichearine on June 7,1988,at the regu'ar City Councl l Meeting to bec'h at 7:30 p.m., in the City C uncII Chambers of City Hall, 667 North Carroll Avenue, South- lake,Texas. Purpose of the hearings are to consider the second reading on the following ordinances: ORDINANCE NO.334-34 AN ORDINANCE AMEND- ING ORDINANCE NO. 334 THE ZONING ORDINANCE OF THE CITY OF SOUTH- NGA ONII1GCHA I NGEONACER-:**************** *****4 TAIN TRACTOR TRACTS OF * LAND WITHIN THE CITY OF * BEING APPROXIMA APPROXIMATELY * RE( ONE ACRE TRACT OF LANDIVOICES I!IWITH * OUT OF THE JESSE G.AL- 1 * LEN SURVEY ABSTRACT E M E N T • * CALL ASJUSTIINO.18 NGROCE Y YANDN'H DIFFEERENCES • * MORE FULLY AND COM- * PLETELY DESCRIBED IN * EXHIBIT"A"FROM AGRI- *****y CULTURAL ZONING TO RE-'**************** TAIL 1 ZONING DISTRICT. USES IN ACCORDANCE WITH THE EXHIBIT AT- TACHED HERETO WITH r141� _THE SPECIFIC REQUIRE- wMENTSCONTAINEDINTHIS !r) 4 ,, „ �J „. ORDINANCE CORRECTING THE OFFICIAL ZONING MAP PRESERVING ALL 11ii OTHER PORTIONS OFE; THE L!, t +� ZONING ORDINANCE;PRO- �a - VIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTER- EST MORALS ANDELFARE DEGENER- MAND FEMAND ® i ICE ^ AL W THE ZONING CHANGES �n VAND AMENDMENTS CITY SECRETARY HEREIN MADE; PROVID- I NGATNOTTOE CEED EED THEHE SUM OF TWO ,_ THOUSAND DOLLARS (S2 000.001 ANDASEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING_. OR ON WHICH A VIOLATION OCCURS�C NDE DT PROVIDING CURRENT STATEMENT PERIOD ACCOUNT NUMBER AN CITY OF SOUTHLAKE ON RECPT City Seecreretarryy 1/s/Sandra L. c a 5/25 - 5/25 C I T 5 7 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. k.--- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT - ADVERTISING STATEMENT Fort Worth -, REMIT TO: P O BOX 99074 • FORT WORTH, TEXAS 7619 6141046 CCOUNT C I T 5 7 PAYMENT ON RECPT NUMBER DUE DATE PAGE 1OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 23 . 45 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED