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0439CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 439 AN ORDINANCE AMENDING ORDINANCE NO. 334, THE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY RECLASSIFYING AND REZONING THE FOLLOWING ZONING DISTRICTS LOCATED WITHIN THE CITY OF SOUTHLAKE, TEXAS, AND MORE FULLY SET FORTH ON A MAP ATTACHED TO THIS ORDINANCE: TRACT 3C, HIRAM GRANDBERRY SURVEY, ABSTRACT NO. 581, AND TRACT lA, L.G. HALL SURVEY, ABSTRACT NO. 686 (COLLECTIVELY, AREA 37); TRACT 6A, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 ( AP~EA 47A); TRACT 6C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 (Ai~EA 47B); LOT 1, BLOCK 1, PARKWAY OFFICE CENTER, SUBDIVISION NO. 31804H (AREA 48A); LOT 2, BLOCK 1, PARKWAY OFFICE CENTER, SUBDIVISION NO. 31804H (AREA 48B); LOT 3, BLOCK 1, PARKWAY OFFICE CENTER, SUBDIVISION NO. 3180~H (AP~EA 48C); TRACT 6B2, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 (AREA 48D); PROVIDING A PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ( $2,000.00 ) FOR EACH OFFENSE AND DECLARING THAT A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND ENACTING OTHER PROVISIONS RELATING TO THE PURPOSES AND SUBJECT OF THIS ORD I NANCE. WHEREAS, the City Council of the City of Southlake, Texas (the "City"), has found and determined that certain zoning districts within the City, as shown on a map attached as Exhibit "A" hereto, were classified as "LC -- Light Commercial" or "HC -- Heavy Commercial" districts in accordance with Ordinance No. 261, the City's former zoning ordinance which has been repealed by Ordinance No. 334 of the City (the "Zoning Ordinance"); and WHEREAS, Ordinance No. 334 contains no provision for zoning districts with the classifications of "LC -- Light Commercial" or 'HC -- Heavy Commercial"; and WHEREAS, the City Council of the City hereby finds and determines that it is necesary to reclassify and rezone such zoning districts within the City for the purpose of conformity with the classifications and regulations of zoning districts set forth in the Zoning Ordinance; and 0213a/88 WHEREAS, the suggested reclassifications were submitted to the Planning and Zoning Commission of the City for its recommendation and report; and WHEREAS, the Planning and Zoning Commission of the City and the City Council, in compliance with the laws of the State of Texas and with the provisions of the Zoning Ordinance of the City, have given the requisite notices by publication and otherwise and have held due hearings and afforded full and fair hearings to all property owners generally and to the ~ersons interested and situated in the affected areas and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the reclassification and rezoning of the zoning districts identified herein and shown on Exhibit "A" hereto is in the best interest of the public health, safety, morals and general welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Ordinance No. 334, the Zoning Ordinance of the City, passed and approved on August 19, 1986, as originally adopted and amended, be and the same is hereby amended and changed in the following particulars, and that all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said Zoning Ordinance are not amended, but remain intact and are hereby ratified, verified, approved and affirmed: A. That Tract 3C, Hiram Grandberry Survey, Abstract No. 581 and Tract iA, L. G. Hall Survey, Abstract No. 686, collectively identified as Area No. 37 on the map attached as Exhibit "A" hereto, is hereby reclassified and rezoned from its present zoning classification of "LC - Light Commercial" to the zoning classification of "O-1 - Office One." B. That Tract 6A, Thomas M. Hood Survey, Abstract No. 706, identified as Area No. 47A on the map attached as Exhibit hereto, is hereby reclassified and rezoned from its former zoning classification of "LC - Light Commercial" to the zoning classification of "R-1 - Retail One." -2- C. That Tract 6C, Thomas M. Hood Survey, Abstract No. 706, identified as Area No. 47B on the map attached as Exhibit "A" hereto, is hereby reclassified and rezoned from its former zoning classification of "HC - Heavy Commercial" to the zoning classification of "R-1 - Retail One." D. That Lot 1, Block 1, Parkway Office Center, Subdivision No. 31804H, identified as Area No. 48A on the map attached as Exhibit "A" hereto, is hereby reclassified and rezoned from its former zoning classification of "HC - Heavy Commercial" to the zoning classification of "R-1 - Retail One." E. That Lot 2, Block 1, Parkway Office Center, Subdivision No. 31804H, identified as Area No. 48B on the map attached as Exhibit "A" hereto, is hereby reclassified and rezoned from its former zoning classification of "HC - Heavy Commercial" to the zoning classification of "R-1 - Retail One." F. That Lot 3, Block 1, Parkway Office Center, Subdivision No. 31804H, identified as Area No. 48C on the map attached as Exhibit "A" hereto, is hereby reclassified and rezoned from its former zoning classification of "HC Heavy Commercial" to the zoning classification of "R-1 - Retail O~e." G. That Tract 6B2, Thomas M. Hood Survey, Abstract No. 706, identified as Area No. 48D on the map attached as Exhibit "A" hereto, is hereby reclassified and rezoned from its former zoning classification of "HC - Heavy Commercial" to the zoning classification of "R-1 - Retail One." Section 3. The City Manager of the City is hereby directed to correct, or cause to have corrected, the official zoning map of the City to reflect the reclassifications in zoning described herein. Section 4. That the use of the tracts of land above described shall be subject to all regulations applicable to -3- such zoning districts, as reclassified and rezoned, contained in the Zoning Ordinance of the City and all other applicable ordinances of the City. Section 5. 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 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 population, to facilitate the adequate provisions of transportation, water, sewage, 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, for 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 6. 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 to exceed Two Thousand Dollars ($2,000.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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 are in direct conflict with the provisions of this Ordinance. Section 8. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. This Ordinance shall be effective from and after the date of approval and publication, as required by the laws of the State of Texas and the Charter of the City. -4- PASSED AND APPROVE~ by the ~ty~ Southlake, Texas the ~day of ~ Ma~or TeXas ATTEST: ? , ! Z .:.' : ~- ::-~"" City SecretarY, ~:~-/ City of Southlake, Texa~ - [ 8E~L ] APPROVED AS TO FORM: City of Southlake, Texas '~Oit~; 6F So6thlake~ of First Reading: 6/21/88 Second Reading: 7-~- ~ -5- 1 , . , 0 0 . Hutchison Boyle Brooks & Dransfield A PROFESSIONAL CORPORATION 1 ATTORNEYS AT LAW 3900 FIRST CITY CENTER AUSTIN OFFICE: DALLAS,TEXAS 75201-4622 1000 SAN JACINTO CENTER TOWN LAKE e John F.Boyle,Jr. (214) 754-8600 AUSTIN,TEXAS 78701-4039 (214) 754-8611 (512)477-4121 DALLAS TELECOPY NUMBER: p (214)754-0840 1 June 30, 1988 T-r7(71:'!-': d 777!-,_,x ii cI. Y S11i11 iAftY s t Honorable Johnny Westerholm r Members of the City Council r City Manager Lloyd 0. Latta, Jr . t City of Southlake 667 North Carroll Avenue f Southlake, Texas 76092 I , Re: Ordinance No. 439 Reclassifyins/Rezoning Areas ' No. 37 , 47 and 48 I t Dear Mayor Westerholm, Members of the Council and City Manager Latta: i Enclosed for your consideration on se and reading is s the captioned ordinance which has been re ised pursuant to P the amendments contained in the motion for approval at the last Council meeting. The amendments to the ordinance were n Section 2 , and are as follows: g Ordinance Revised s Paragraph Relating to P&Z C assification for s (Section 2 ) Area No. Recommendation Co sideration 7-5-88 A 37 0-2 0-1 , B 47A 0-1 R-1 I C 47B 0-1 R-1 . D 48A 0-1 R-1 E 48B 0-1 R-1 F 48C 0-1 R-1 G 48D 0-1 R-1 H (deleted) 49 i 4 S 1 t i , i , . , If you have any questions or commen s, please call either me or Toni Chamberlain, a legal as.istant with this firm. Sincerely, HUTCHISON BOYLE BROO• - DRANSFIELD John F. Boyle , J . JFB/tic/kb Enclosure 23/1467T cc: Mrs. Sandy LeGrand City Secretary 4 Fort Worth Star-TA -... 400 W.SEVENTH STREET•FORT WORT DATE I ( J . Ll Pi. JUN 24 6],58686 juni JUL6 1988 -. � OFFICE OF THE STATE OF TEXAS CITY SECRETARY 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 24 , 1988 NOTICE OF - * PUBLIC HEARING NOTICE Is hereby,given to all * Interested persons that the C its R E C am & pm Texas,lwl lhbe holddiingoa public * geparing on July 5,1988 at 7:30 CALL bersofCityHlall C667NorthCa- * roilAvenue Southlake,Texas. * sderrot a hehearing second reading onthe *****3 following ordinances. ORDINANCE NO.439 AN ORDINANCE AMEND- / ING ORDINANCE NO. 334 Signed j61 0 THE ZONING ORDINANCE' c OF THE CITY OF SOUTH- END LAKE,TEXAS,RECLASSIFYINGBYE Subscribed and sworn to before me, this the 2 4 ANb REZONING THE FOL- 1 9 8 8 LOWING ZONING DIS- TRICTS LOCATED WITHIN TEXASTAND MORE FULLS" Notary Public SET FdRTH ON A MAP AT-,/ TACHED TO THIS ORDI- T.--- NANCE: TRACT 3C HIRAM Texas. GRANDBERRY SURVEY i+p r PVO� DEBRA MORRIS ABSTRACT NO. 581, AND � � TRACT IA,L.G. HALL SUR- Notary Public vEY ABTRACT NO 686 # .' # (COLLECTIVELY,AREA37); 7 STATE OF TEXAS - TRACT 6A THOMAS M. HOOD SURVEY,ABSTRACT 1'; Z`• NO.706(AREA 47A) TRACT '10 z My Comm. Exp.Oct-23, 1991 16C,THOMAS ABSTRACT NO S 7VE06 (AREA 47B);LOT 1,BLOCK 1, PARKWAY OFFICE CEN- TER, (AREA 48A) NOT02, CURRENT Nu. mat'+r BLOCK 1 PARKWAY OFF- UMBER VIDINGAP ICE CENTER,SUBDIVISION MORE DOLT 3 BLOCK h1 PY F_ C I T 5 7 ON RECPT SA FOR FACH leE CENTER,SUBDIVISIO 1 DECLARINI NO. 31804H (AREA 48C`; IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMS DATE OFFS TRACT 6B2 THOMAS M. ,0-7761.TO ASSIST DEEMED HOOD SURVEY,ABSTRACT ._ IL •T t Y P• T k • • P_ u T • _ u e A P•Yt EACH DAY NO. 706 (AREA 48D) PRO- TH,TEXAS 76199. I y(HIGH A �VIDINGAPENALTY)FNOT CURSOR COMOR E THAN TWO THOU- y�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PC ENACTING 1FONDFADOLLRS ($e00000� SIONS RELY, PURPOSES C DECLARINGRATEOFFENSE THAT ASHALL SEPBE OF THIS OR Sar EAC DAY UR NGIOR ON M E NT WHICH A VIOLATION OC- ENAC INGOOTHEREPI20VD Fort SIGNS RELATING TO THEWORTH, TEXAS 76199 OFRTHIISORDINANC SUBJECT City of 5outhiake 6158686 ACCOUNT C I T 5 I Sandra L.LeGrand ON RECPT NUMBER Cif:Secretary t PAGE 1 OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 23 . 80 SOUTHLAKE TX 76092 0 THIS AMOUNT1 ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Te mr ���r� 40DATEVENTH STREET•FORT WORTHDTEE} 041LZ:"M A . _ ' , W. iidi JUL 24, 6173671 July L. �t(1 -6 1988 THE STATE OF TEXAS OFFIC Or CITY SECRR ' � County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Cindy Truitt 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: July 24 , 1988 CITY OF SOUTHLAKE TEXAS ******** ORDINANCE NO.439 AN ORDINEND- ANCE IGORINE NO. 334 THE ZONING ORDINANCE * R E C O N OF THE CITY OF SOUTH- * M LAKE TEXAS,AS AMEND- ED BY RECLASSIFIYING AND REZONING THE* CALL FOL- LOWING ZONING DIS- TRICTS LOCATED WITHIN * THE CITY OF SOUTHLAKE ,h TEXAS AND MORE FULLY ******** //// SETFORTHON MAAP DTI - Signed ( x ,X -4 NANCE DTRACT 3CS HIRAM ABSTRACTRNO. 581, ANCf Subscribed and sworn to before me, this the�5tTRAVEYCT 1A, ACT NOS R- 1 988 86 (COLLECTIVELY,AR EA37); TTRACT 6A THOMAS M. Natrary Public HOOD SURVEY,ABSTRACT NO.706(AREA 47A)•TRACT 6C THOMAS M.HOOD SUR- ['�.�1ry + '`.`f{F{i i VEY ABSTRACT NO. 706' eXdS. (AR E`A 47B);LOT 1,BLOCK 1, j '�:,^ Notaiq '''UUIIC• 77PARKWAY OFFICE CEN- '..I STATE OF TEXAS J1804Fi (AREA SUBDIVISION BLOCK 1 �'-•l l , �`; ;.:f my Comm.Exp.Oct.23,1991 ICE CENT PARKWAY OFF- ER SUBDIVISION NO.31804H(AREA48B);LOT 1 �-e$�s, �� y ,r� BLOCK 1 PARKWAYOFF- C j y ItE CENTER,SUBDIVISION NO. 31804H (AREA 48C); M. HOOD SURVEYH BSTRACT NO. 706 (AREA 48D)• PRO- 6C THOMASM.HOOD SUP- VIDINGAPENALTYOFNOT VEY ABSTRACT NO. 706 MORE THAN TWO THOU- CURRENT (AREA47B);LOT 1,BLOCK 1, SAND DOLLARS ($2 000.00) PARKWAY OFFICE CEN- FOR EACH OFFENSE AND COUNT NUMBER TER SUBDIVISION NO. DECLARING THAT A SEPA- 318041 (AREA 4dA); LOT 2, RATE OFFENSE SHALL BE ON RECPT ( 7/24 EACHDADYDURiNOIORON CIT57 WHICH A VIOLATION OC- . CURSOR CONTINUES AND IF YOU HAVE QUESTIONS REGAR751NG',OUR'AOCOUNT,PLEASE CONTACT OUR CUSTOMER'SERVICE DEP ENACTING OTHER P(2OVI- ,'TO ASSIST THE IL e A • u Y •• M •F • _ is _ •A i M • •.•, : PURPOSES AND SUIONS RELATING BJECT OF THIS ORDINANCE. AS 76199. �� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOt //Navor of Soum ekerholm Attest: /s/Sandra L.LeGrand City Secretary ADVERT /s)iohF.ed Boyle'm T City Attorney Fort Worth S REMIT TO: P O BOX 99074 • FORT WORTH, TEXAS 761 6173671 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE PAGE 10F CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 34 . 72 SOUTHLAKE TX 76092 O THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED