0334-017
THE CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-17
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 THE SALE OF
OFF PREMISES PACKAGED BEER; 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 ONE
THOUSAND DOLLARS 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.
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 One Thousand Dollars ($1,000.00) 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
T CITY OF SOUTHLAKE, TEXAS, this the day of
1987.
PASSED AND APPROVED ON SECOND AN FINAL REA NG BY THE ITY
UNCIL OF THE CITY OF SOUTHLAKE, TE S, US the J a of
1987. ;
Jo nny H. este o
Ma or
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
EXHIBIT A
BEDC a 3.7490 acre tract of land in the L.H. CHIVE-6 SUFNEY, Abstract 14D.300,
situated in the City of Southlake, Tarrant County, Texm., and bcia~g h portion o~
that certain tract of lard as descrAx-d in dLmal of Jirks Joncts ana Diniy Jones
as rE-oorded in Volume 2036, Vage 60 of the U_-a3 Ile--cords, of Tarrant. County, Texas,
and being more particularly described as follows:
BEGINNING at a nail found in the centerline of North Wtute Giapel Boulevard (County
Road No.3016), said centerline being the. West line of the L.U.Cxiive:rs Survey;
THMC E N. 00° 181 26" W. along sai.:l cc.r.terline, 31.9.27 feet. to ; rizLil set;'
T1IDKE N. 89" 41' 4"' E. 25.64 feet to a 1/2" iron pin set in the 113st R.O.W. line
of North White Chapel Boulevard;
00,4= N. 58° 49" 00" E. 77.16 feet to a Ir"as highway Department R.O.W. nonument
found in the Southerly R.O.W. line of State Righway N--~.114;
InMiM S. 626 09' 00" E. along said Southerly R.O.W. line, 830.68 feet to a 1/2"
iron pin set at the Northeast comer of Tract 2, 131oc:k 1 of e3uvam Addition, an
addition to the City of Southlake as reconled in Volme 3613-1.41, Page 47, P.R.T.C.T.
7VENCE N. 87° 57' 31" W. along the North line: of said ouvers Jvkllti.on and that
oertain tract of land as described in Deed tca Paul S. Davis et ux as reL%Drded in
Volume 3334, Page 155, U.R.T.C.T., 798.17 feet to a 5/13" iron pin fU►n-d in the
Fast R.O.W. line of North White Chapel Boulevard;
nUN- CE N. 89° 24' 31" W. 26.74 feet to the POIM.' OF BI:z_,IN-133 , ami containing
3.7490 acres of land of which 0.1921 acres is in the P..O.W. of North k1dw- Chapel
Boulevard leavina a net of 154,936 square feet or 3.5569 acres of latrxi.