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0334-037 THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-37 AN ORDINANCE AMENDING ORDINANCE NO. 334, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, PASSED AND APPROVED ON AUGUST 19, 1986, GRANTING A SPECIAL EXCEPTION USE PERMIT ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF SOUTHLAKE, TEXAS, AND MORE FULLY DESCRIBED HEREIN; APPROVING A SPECIAL EXCEPTION USE PERMIT FOR SALE OF OFF PREMISES PACKAGED BEER, RICHARD EADS SURVEY, ABSTRACT #481 A .8 ACRE TRACT COMMONLY KNOWN AS BILL'S GROCERY STORE; PRESERVING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE, PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS COUNTY OF TARRANT THE CITY OF SOUTHLAKE WHEREAS, a change in the classification of a zoning district has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A"; and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the city of Southlake, Texas (the "City") for its recommendation and report; and WHEREAS, the Planning and Zoning Commission of the City of Southlake and the City Council of the City of Southlake, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of Southlake, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the granting of such change in the classification of the zoning district is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 334, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed and approved on August 19, 1986, as originally adopted and amended, (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definitions, Phrases and Words of said Comprehensive Zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. A Special Exception Use Permit is hereby granted for the sale of off premises packaged beer for Bill's Grocery Store, .8 acre tract, Richard Eads Survey, Abstract 481. Section 2. That this Special Exception Use Permit shall allow for the sale of off premise packaged beer subject to the provisions contained in this ordinance and the applicable regulations contained in the Comprehensive Zoning Ordinance. Section 3. That the herein described property shall be used only in the manner and for the purpose provided by the Comprehensive Zoning Ordinance as amended herein by the granting of this Special Exception Use Permit, subject to the following specific requirements and special conditions: An Alcoholic Use Permit shall be obtained by the Owner, every year, through the office of City Secretary of the City of Southlake. Section 4. The City Manager of the City is hereby directed to correct the official zoning maps of the City to reflect the herein change in zoning. Section 5. That in all other respects the use of the tracts of land herein above described shall be subject to all the applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. Section 6. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan of 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 secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of populations; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made 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 7. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 8. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than One Dollar ($1.00) nor more than 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. PASSED AND APPROVED ON FIRST READING BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, this the day of 1988. PASSED AND APPROVED ON SECOND AND FINAL READING BY THE CITY COU IL OF THE CITY OF SOUTHLAKE, TEX t t / day of 1988. J nny H. Westerholm Mayor ` ATTEST: u, Sandra L. LeGraft City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney AbofstrState No. Highway 481. 's Grocery Store at the the corner Locate , A .8 acre Location ti.T trillacbt be at- e North Carroll Avenue. Tract 1A, Richard Econveyed by 1~Tilliam Oliver Petty deed dated of land, , A • and wife, Mary Lois to Roger G. Baird and wife age°652'ofythe Deed Records, October 289 1963 and recorded in Volume 3866, p Tarrant County, Texas. - _ ~ S S~jµVit tM.I~ OjJG~ VJ a . oi-,i V OL y CiG ?cS v Ot S:: ere ,~Q~., 4 oe li• sOCi c. L/e L Ol "air 1 SQS.G ~Qya/V oL Lam. ~~j~;S V y~ilV ^oper-y lire v ,rsec~s 01 S 1N G. Ve il114 • +i• L n ~O ar 7_ ' ' r.r t v 'Y ~ V G4 G•.rl• V + O~ + 15 ee" • Vj- lr CL ~e ...~.S48° ' a d L ca,.ce ^O~,~r;,y ;.e, J.r 0 L I•l% G, YJ~ri.V .LIB V Ce Of 1 .CJVi..viZ Q Gi5 V~ CO...,. ~y road 3021. 0f Way .~.lile 0J. J ^ V TeS. O. S G -,20 ' eC v G..o c.... ~Oad 302+. Oed~- \v:r NG~ VII , T c 1G~^v. y~ce V CO+.ae• • ~ J 'iJG +i10 ~'1O pew 4 . - - 1 a i , L 5• 0~~EXHIBIT "A" Fort Worth Star-Te,. , 400 W.SEVENTH STREET•FORT WORTH TE DATE 1 DE MAY 06 6129950 May 6 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: *******k May 6 , 1938 — NOTICE OF PUBLIC * HEARINGS sethfthCt* RECOP am & pm IntteretdoerrssoorItaeiy Texas,lwilf lllhbe hoyld ng at public * f hearing at the regular city * CALL - nay17,1198888 tan 9i:30pm held toe * City Council Chambers of City Hall 667 North Carroll Avenue *******; Soutnlake, Texas. Purpose of the hearings Is to consider the 2nd reading of the following or- / dlnances: Signed �� AN ORiINANCE AMEND- ` • �'°°* 41 {s a:3sF Subscribed and sworn to before me, this the 6 ING ODINANCE NO. 334 THE OMPREHENSIVE:ZONIN ORDINANCE OF1988 �� -THE CITY OF SOUTHLAKE � , y;;�, w'"' NotaryPASSTEXED AND AMENDED, Public ONAUGUST19,1986 GRANT- �,,.,. . INGASPECIAL EXCEPTION { p �,•. USE PERMIT ON A TRACT, Texas. �I}hsl y O -,,, �� ��O�r`a OF LAND WHICH IS WITHIN' 1Y•Tt ,ipY? DEg� , THE CITY OF SOUTHLAKE t . V F'l TEXAS,AND MORE FULLY DESCRIBED HEREIN; AP- I�rTPy , f -i : T (r- OF TEXAS PROVING A SPECIAL EX- s^ r Av.r+u 4 K` CEPTION USE PERMIT FOR ,V/ �*�6]i ,. ,, SALE OF OFF PREMISES CI 1 .`".: rJ u"„ r.'' ^ny Comm. Exa oct 3,I:91 ARDPACKEADSD SURVE`Y�IAg- � , ,, �i STRACT NO. 481 A ONE • ACRE TRACT COMMONLY KNOWN AS BILL'S GRO- CER ALL Y STORE; PRESERV- INGPRHN THE COMPREHENSIVE CURRENT v ' ZONING ORDINANCE,PRO- BER VIDING A SEVERABILITY CLAUSE; DETERMINING CIT575IHTIEUINR--ON RECPT EST MORALS AND GENER- 1 AL WELFARE DEMAND THE ZONING CHANGE AND IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DE AMENDMENT HEREIN 7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O a TN'DOF LNO LESS THAN ,TEXAS 76199. TOHANTWO HOUSANDDOL- ♦�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH LABS t21200.00) FOR EACH OFFENSE AND A SEPA- I RATE OFFENSE SHALL BE DEMED MITTED UPON EACH DAY DURING ADVE OCCURS AND PROVIDING RIOV�IDINGMENT Fort Worth SAN EFFECTIVE DATE. City of Southlake REMIT TO: /s/Sandra L.LeGrand NORTH, TEXAS 76199 Cliv Secretary 6129950 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE 10F PAGE CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 22 . 40 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA R . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Tel 400 W.SEVENTH STREET•FORT WORTH TE} DATE I DE' JAN 22 6073383 januar NOTICE OF PUBLIC HEAR NOTICE Is hereby gi THE STATE OF TEXAS Interested persons thi Council of the Cltyof ST �)� hexas,arin will beFebruary CountyC1''' �:C ..�..,it 7:30rp.m. cit of Tarrant p.m. in the di RX chambers of city hail, Carroll Avenue, S Before me, a Notary Public in and for said County and State, this day Purpose of the hearin. sider the 2nd readinge hearing on the follov personally appeared Carolyn Spencer Secretary for the Fort Worth Hance: ORDINANCE NO Star—Telegram, published by the Capital Cities Communications, Inc. at AN ORDINANCE , ZING ORDINANCE Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, ONI G ORDINAI did depose and saythat the followingclipping THE CITY OF SOU7 p of an advertisement was TEXAS, AS AME published in the above named paper on the following dates: ON AUGUSED T109196, May 22 , 1988 ING A SPECIAL TION USE PERM! ORDINANCE NO 334-37 TRACT OF LAND N AN ORDINANCE AMEND- N WITHIN THE CI am & pm ING ORDINANCE NO 334 N SOUTHLAKE TEX THE COMPR'HENSIVE MORE FULLS DES TNEICIGY OF$pUTHLAKEF HEREIN; APPRO SPECIAL EXCEPT! TEXAS AS AMENDED TRIANIT FORCENTTERCO PASSED AND APPROVE(; PRESERVING ALL ON AUGUST l9,196 GRANT PORTIONS OF TH INGASPECIALEX�EPTION PREHENSIVE ZON USE PERMIT ON A TRACT DINANCE, PROVI OF LAND WHICH IS WITHIN N SEVERABILITY C 0 THE CITY OF SOUTHLAKE DETERMINING TH �� DESCRIBED HEREIN qp PUBLIC INTERES' Signed ALS AND GENER/ PROVING A SPECIAL EX- FARE DEMAND TI CEPTIONUSEPERMITFOR ING CHANGE Subscribed and sworn to before me, this the 2 3 Y SALE OF OFF PREMISES 9 8 8 AMENDMENT H MADE;PROVIDIN( ARD EADS SURVEY ALTY OF NOT LE! STRACT NO.4$l q.8 6CRE ONE DOLLAR NOF Notary Public TRACT C6MMONLY THANO ONE THO �, KNOWN AS BILL'S GRO- r--- DOLLARS FOR EI CERY STORE PRESERV- ;eXaS. FENSE AND A SEI • ING ALL OTHER PORTIONS OFFENSE SHAIflY oU® DEBRA MORRIS OF THE COMPREHENSIVE DEEMED COM11 0.- +., UPON EACH DAY �♦ lie NotaryPublic ► ZONING ORDINANCE,PRO- ORONWHICHAVIC • om. t1 VIDING A SEVERABILITY OCCURS-AND PR( ik� /* STATE OF TEXAS ; CLAUSE; DETERMINING AN EFFECTIVE D[ _ THAT THE PUBLIC INTER- Section 9.Any person �4l\ D EST(•M.ORALS AND GENER- , �_.. ' AL ✓WELFARE DEMAND any of the provisionol ©F 1'�f• My Comm. Exp.Oct.23, 1991 THE ZONING CHANGE AND nance shall bedeeme, °+•."-"' 1 AMENDMENT a misdemeanor and • - — - MADE;PROVIDING A PEN viction thereof shall 6 �p.!�FccavYe <-� _ ALTY OF NOT LESS THAN a sum not less than 0 ONE DOLLAR NOR MORE TS1,00) nor more } THANTWOTHOUSANDDOL- endassepar0atelo/fen e'hunue LARS ($2,000.00) FOR EACH deemed committed upon each s ' " • RATE OFFENSE SHA BE =ER CURRENT devduringoronwhichaviola- DEEMED COMMITTED lion occurs or continues. I UPON EACH DAY DURING C I T S 7 City of Southlake 1 2 i OR ON WHICH AA VIOLATION ON RECP Sandra L.LeGrand OCCURS AND PROVIDING City Secretary AN EFFECTIVE DATE. PASSED AND PPROVED IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTbMER SERVICE DE THIS THE 17TH DAY OF 761.TO ASSIST MAY,1988. US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O s/Johnny H.Westerholm •TEXAS 76199. Mayor of Southlake A.---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH is/Sandra L.LeGEa d APPROVED AS T FORM: /s/John F.Boyle,Jr. City Aorney J E N TADVE Fen shall o ,,,,,Ty, o� a misdemeanor and upon con- victionortWorth hu thereof arshsllbe 000. in a sum not less than One Dollar REMIT TO: , F (S1,00) nor more than OnaJORTH, TEXAS 76199 Thousand Dollars (5 Rolla 00) and a separate offense shall be ACCOUNT C I T 5 7' med committed upon each O N RECP T day during or oni which a viola- NUMBER tion occurs or continues. City of Southlake 1 Sandra L.LeGrand PAGE �F City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 180 . 80 SOUTHLAKE TX 76092 D THIS AMOUNT ATTN : SANDRA LE GRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D. NO. 22-2573893 DATE I DESCRIPTION I AD SIZE I TOTAL INCH/LINE RATE I AMOUNT MAY 22 '6139063 May 22 AM & PM CL . 008 1X57 L 57 . 56 31 .9r 01 AFFIDAVIT ORDINANCE NO.334-37 ON AUGUST 19,1986 GRANT- AN ORDINANCE AMEND- INGASPECIAL EXCEPTION ING ORDINANCE NO. 334 USE PERMIT ON A TRACT THE COMPREHENSIVE OF LAND WHICH IS WITHIN ZONING ORDINANCE OF THE CITY OF SOUTHLAKE THE CITY OF SOUTHLAKE, TEXAS,AND MORE FULL'/ TEXAS, AS AMENDED, DESCRIBED HEREIN; AP- PASSED AND APPROVED PRPROMO USE PERMIT FOR SALE OF OFF PREMISES PACKAGED BEER RICH- VEY, AB- STRACT NO.D EADS 481RA.8 ACRE TRACT COMMONLY KNOWN AS BILL'S GRO- CERY STORE; PRESERV- ING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE,PRO- VIDING A SEVERABILITY *********************************** CLAUSE; DETERMINING THAT THE PUBLIC INTER- EST MORALS AND GENER- * * AL WELFARE DEMAND ONING * RECONCILE ALL INVOICES WITH * AM THE NDME NT CHANGEA HEREINN MADE;PROVIDING A PEN- * MONTHLY STATEMENT • * ALTY OF NOT LESS THAN ONE DOLLAR NOR MORE * CALL 390-7501 WITH DIFFERENCES • * THAN TWOTHOUFOR EACH DOL- LARS ($2,000.00) FOR EACH * * OFFENSE AND A SEPA- RATE OFFENSE SHALL BE *********************************** DEEMED COMMITTED UPON EACH DAY DURING G OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE. PASSPRE THIS HED N17THD PDAOYVOF MAY,1988. is/Johnny H.Westerholm Mayor of Southlake ATTEST: /s/Sandra L.LeGrand Citretary APPROVED AS T FORM: /s/John F.Boyle,Jr. City Attorney 1 )4.):1*.) I 0:,fi\ CURRENT CURRENT STATEMENT PERIOD ACCOUNT NUMBER ON RECPT 11111111111111111 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. Ar----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 6139063 ACCOUNT 7 PAYMENT ON RECPT NUMBER DUE DATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL 31 ' 12 PLEASE PAY SOUTHLAKE TX 76092 0 ATTN : SANDRA L • LEGRAND THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED