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0442CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 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 FJkP ATTACHED TO THIS ORDINANCE: LOT 3A, CRUMBAKER ADDITION, SUBDIVISION NO. 8998 (AREA 49); 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 a certain zoning district within the City, as shown on a map attached as Exhibit "A" hereto, was classified as an "HC -- Heavy Commercial" district in accordance with Ordinance No. 261, the City's former zoning ordinance which has been repealed by Ordinance No. 334 of the City (the "Zoning Ordinance"); and WHEREAS, Ordinance No. 334 contains no provision for zoning districts with the classifications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 "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 district within the City for the purpose of conformity with the classifications and regulations of zoning districts set forth in the Zoning Ordinance; and 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 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 reclassification and rezoning of the zonin~ district 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 Lot 3A, Crumbaker Addition, Subdivision No. 8998, identified as Area No. 49 on the map attached as Exhibit "A" h~reto, 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 reclassification in zoning described herein. Section 4. That the use of the tract of land above described shall be subject to all regulations applicable to 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 c0ndition~ 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, -2- 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 ~n 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 Southlake, Texas the ~_ day of Ma~or,/Ci%y TeXas h C _ity. ' . ~. / ~o%t~hl~ke, -3- ATTEST: f1I1w/ -ft &Si/pa;y Secretary, City of Southlake, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of Southlake, Texas First R?ading: Second reading: -4- 0 2 1 3 a/8 5 Hutchison Boyle Brooks & Dransfield A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3900 FIRST CITY CENTER AUSTIN OFFICE: DALLAS,TEXAS 75201-4622 1000 SAN JACINTO CENTER TOWN LAKE John F.Boyle,Jr. (214) TEXAS 78701-4039(214) 754-8600 (51z)477 4121 (214) 754-8611 DALLAS TELECOPY NUMBER. (214)754-0840 June 30 , 1988 Honorable Johnny Westerholm Members of the City Council City Manager Lloyd 0. Latta, Jr . City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Ordinance Reclassifying/Rezoning Area No. 49 Dear Mayor Westerholm, Members of the Council and City Manager Latta: As requested, we have prepared the captioned ordinance for the rezoning of Area No. 49 . You will recall that this Area was included in Ordinance No. 439 for first reading at the June 21 Council meeting, but was deleted from that ordinance because it was not listed on the agenda. The ordinance has been prepared using the recommended rezoning from the Planning and Zoning Commission. It is our understanding that the Council will discusslthe Commission's recommendation and the property owner ' s request, and then, if necessary, amend in its motion for approval the reclassification currently stated in the ordinance . The ordinance refers to a map attached s Exhibit "A. " This map should be obtained from the Ci y Engineer and attached to the ordinance prior to its final a proval . If you should have any questions or co ments, please do not hesitate to call either me or Toni Chamb: rlain, a legal assistant with this firm. Sincerely, HUTCHISON BOYLE BROO S & DRANSFIELD °*'''eviameaL,..*/1- 111 John F. Boyle , J . JFB/tic/kb Enclosure 24/1467T cc: Mrs. Sandy LeGrand City Secretary Fort Worth StaTltram 400 W.SEVENTH STREET•FORT WC DATE a l " l 07 618E373 a 7 • 50 THE STATE OF TEXAS • 57 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: **** ITY OF August 7 , 1988 ORDI�CJANNKCE NE AS * R AN ORDINANCE AMEND- ING O' • +r NCE NO. 334 Northeast Extra Edition THE Z• ORDINANCE * OF THE, I Y OF SOUTH- LAKE TE AS AS AMEND- * ED BY RECLASSIFYING C A AND REZONING THE FOL- LOWING ZONING DIS• * TRICTS LOCATED WITHIN )K*:K* THE TEXAS,TAND Y FMORE FULLY SET FORTH ON A MAP AT- �- ij_TACHED TC) THIS ORDI- NANCE:LOT3A,ADDITION, Signed ER ADDITION SUBDIVISION NO. 8998 (AREA 49); PROVIDING A 1988 Subscribed and sworn to before me, this thel St PENALTY T MORE THANTOTHOUSO W ANDDOL- LARS (S2000.00) FOR EACH Notary ubliC pn OFFENSE AND DECLAR- ) P .Il.)ING THAT A SEPARATE OF- 1L }� FENSE SHALL BE DEEMED feXaS. COMMITTED EACH DAY DURINGORON WHICHAVI- �.,, .�s:klfte:.id.�..c �_ _ OLATION OCCURS OR CON- TINUES; AND ENACTING '„a w ,,,, •"r .�, � EATING TO THE PURPOSES ' 4VI'�'"'•�"ti: DEBRA MORRlS �� S RE- AND SUBJECT OF THIS OR- is/Johnny NotaryPUNIC r DINANCE. Ia ( �${# /s/Johnny H.Westerholm STATE OF TEXAS Mayor of Southlake �1�� Attest: `+„vF My Comm. Exp.Oct.23, 1`391 /s/Sandra L.LeGrand City Secretary Approved as to form: /s/John F.Boyle Jr. CURRENT i _ • cIrvAttorney tN I PERI•D ACCOUNT NUMBER ON RECPTMIIIIIIIIIIIIIIIIIIIIIIIIIPIIIIF 8/07 - 8/07 CIT57 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. ,�� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ADVERTISING STATEMENT Fort Worth Star-Telegram REMIT TO P O BOX 99074• FORT WORTH, TEXAS 76199 Y 6183373 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE PAGE 10F CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY ii 19 . 57 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star.Ter11 400 W.SEVENTH STREET•FORT WORTH T " - - DATE D ' JUL 22 6173624 July THE STATE OF TEXAS 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 22 , 1988 1.' •L. ,ti• ' '_.1„ 4.1.t RECOI * il, , 1. AM & PM -_ ' i, tu0;01`".''-1NG * NO .f 1l C,- y given to all Intern • on sthattheCity * CALL T xasrtwlf4 bettooIdi g a public * rf ring on August 2,1988 at the liar city council council meeting ******* hher In thet city counciill Cham trees of city hall 667 North Car- / ' roll Avenue Southlake,Texas. i Purposeof�learingistocOnsld- Signed ��I"C C� er the following ordinance in second reading: Cl2 •SOUTHLAKE TEXAS 988 t Subscribed and sworn to before me, this F th� ORDINANCE�N0.442 — AN ORDINANCE AMEND- ING ORDINANCEs: NO. 334 ._,,,,,,,,� .„,,, -M".._.. .-•„.:• ;�a. 1 d Public THE ZONING ORDINANCE rY OF THE CITY OF SOUTH- LA l' EpKE TEXAS AS AMEND-LTeXaS. .?iC� f-.. -N. DEBRA R ORFUS ANC REZON NY G THE FIOL $f i `; Notary Public LOWING ZONING DIS- 4 yam, TRICTS LOCATED WITHIN t '� Ott = i STATE OF TEXAS HE CITY OF SOUTHLAKE \ EXAS AND MORE FULLY yfr�...a r` ET FORTH ON A MAP AT ?,,l My Comm.Exp.Oct.23,1991 ACHED TO THIS ORDI- EARNCE:LOT 3A,CR UMBAK- SUBDIVISION NOTt8998, PENALTY riAR EA IOFRNOT MORE etty secretar OFFF. — THAN TWOTHOUSANDDOL•, I GARS (52000.00) FOR EACH' • BER . • ON RECPT �° r� 7/22 - 7/22 CIT57 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. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �A. ADVERTISING STATEMENT Port Worth S REMIT TO P O BOX 99074• FORT WORTH TEXAS 76199 __ 6173624 ACCOUNT C I T 5 7 PAYMENT ON RECPT NUMBER DUE DATE PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY ii 18 . 20 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED