0334-021
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-21
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 1.007
ACRES OUT OF A LARGER 69.14 ACRE TRACT OF LAND
OUT OF THE THOMAS MAHAN SURVEY, ABST. NO. 1049,
TRACT 6, FROM HEAVY COMMERCIAL TO RETAIL 1.
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 HUNDRED ($200.00) 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 undue
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,
and Works of said zoning Ordinance are not amended, but remain
intact and are hereby ratified, verified and affirmed.
-2-
A. That the allowed use of a certain tract or tracts of
land being approximately 1.007 acres out of a larger 69.14
acre tract of land out of the Thomas Mahan Survey, Abst.
No. 1049, Tract 6, from Heavy Commercial to Retail 1.
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
conviction thereof shall be fined in a sum not to exceed Two
Hundred Dollars ($200.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
-3-
1
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.
P SSF~D AND APPROVED on the 1st reading they' day of
(~%C 7,LSk , 1987.
PASSED AND APPROVED on the 2nd reading the day of
1987.
1 -
r,
I
1
J nny terholm, Mayo
Ci y o Southlake
ATTEST:
!Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
-4-
EXHIBIT "A"
Being a parcel of land out of the Billie Farrar 69.14 acre tract
located in the T. Mahan Survey, Ab. 1049, Tarrant County, Texas,
being more particularly described as follows:
BEGINNING at the northwest corner of herein described tract,
a pipe located in the south R/W of S.H. 114, said point
being North 89 degrees 38 minutes East 756.91 feet and east-
erly along said R/W with a curve 268 feet from the northwest
corner of said 69.14 acres;
THENCE continuing along said R/W, generally with a fence,
along a curve to the left, having a radius of 5839.58 feet,
210.08 feet to a pipe for corner.
THENCE South 12 degrees 35 minutes West, 210 feet to a pipe
for corner;
THENCE North 77 degrees 25 minutes West, 210 feet to a pipe,
the southwest corner of this tract;
THENCE North 12 degrees 35 minutes West, 210 feet to the
place of beginning and containing 43,863 square feet or
1.007 acres of land.
k~'' EXHIBIT "A"
Fort Worth Star-Tel • , 00"'
400 W.SEVENTH STREET•FORT WORTH,TEX
DATE 1 DES THE STATE OP TEXAS
County of Tarrant
OCT 23 6034100 Oct
Before me, a Notary Public in and for said County and State, this day
_ Personally appeared Carolyn spencer
NOTICE OF PUBLIC CLAUSE' DETE Star—Telegram, published bySecretary for the Port Worth
HEARING THAT THE PUBI
NOTICE is hereby given to all EST MORALS At Fort Worth, in Tarrant County,theTCapital Cities Communications, Inc, at
•Interestedpersons that theClty AL WELFARE
'Texasloillbe tyofnouthpplake, THE ZONING did depose Texas and who, after being duly sworn,
.Councinglon November3,u19187 MADE and say that the following clipping of an advertisement was
hat eear P.M.,inthe CIt Council HEREINING A NALTY AME
Published in the above named paper9
Chambers of City Hall, 667 GEED THE Su October 2 3 , 1987 on the fol lowing dates:
North Carroll Avenue, South- HUNDRED
lake,Texas. ($200.00)AND A NOTICE OF PUBLIC
Purposeofthehearinglstocon- OFFENSE S
slder the second readings on the DEEMED C( HEARING
following ordinances: UPON EACH D 3R1 & pm ntteresedpersonsihallh to eC y
ORDINANCE NO.334-21 OR ON WHICH<
AN ORDINANCE AMEND- OCCURS AND
Texas loIll bee tyofSouthlake,
ING ORDINANCE NO. 334 AN EFFECTIVI Texas,wo bN vembea p,1 87
THE ZONING ORDINANCE! Section 7.Any Pf at7;30ngon November3,1987
OF THE CITY OF SOUTH any of the provit at7:3pP.M.,IntheCltyCouncil
LAKE TEXAS,GRANTINGA dinance shall be Chambers of City Hall, 667
ZONING CHANGE ON A of a misdemea North Cartroll Avenue, South-
CERETAIN TRACT OR convictionthere Iake,Texas.
TRACTS OF LAND WITHIN Ina sumnottoe� Purptsesecond dreadin s onthe
sldowing ordinance ingsonihe
THE CITY OF SOUTHLAKE, dred Dollars (: followingordlnances:
TEXAS BEING APPROXI- I separate offe ORDINANCE NO.334-21
MATELY 1.007 ACRES OUT deemed comma
OF A LARGER 69.14 ACRE day during oro AN ORDINANCE AO. 3D-
TRACT OF LAND OUT OF tlon occurs or( ?n ING ORNING OR IN C ��
Si ed
THE THOMASMAHAN SUR- Section 8.Theft OFE HONING ORDINANCE`
VEY, ABSTRACT NO. 1049 ent zoning ordh S.thScr12,ed an OF THE CITY OF SOUTH
TRACT 6, FROM HEAVY t latlons of the d ern- -O be-`ore me, this the ZONING CHANGE O"NGAber 1 987
COMMERCIAL TOR ETAILi. auatetoprooer CERETAIN TRACT OR
USES IN ACCORDANCE health, safety, TRACTS OF LAND WITHIN
WITH THE EXHIBIT AT- and general w N� r THE CITY OF SOUTHLAKE c-
TACHED HERETO WITH habltantsofthi 1 tary Public ,/?., TEXAS BEING APPROXI-
�2 ? i
THE SPECIFIC REf2UIRE- Ilc business,pI MATELY 1.007 ACRES OUT
MENTSCONTAINEDINTHIS safety and gH OCT 3 91987 ORDINANCE CORRECTING the public whl t,11-, e�;1 O/ TRACT OFGLAND.OUT OF Texas,
THE OFF ICIAL ZONING this ordinance THE THOMASMAHAN SUR-
MAP, PRESERVING ALL fective from a VEY, A 6STRACT NO.
10 9,
OTHER PORTIONS OF THE I of its final pas I ., ...iyn i'7. �'1
ZONING ARDE ANCE;P iY coORDINAN , OFFICE Oi COMMERCIAL TO RETAIL i.
AN ORDIN/ , CITY SECRETARY my COPIP 1 S 1C WITH THE IN AEXHRIBIT AT U-88
ING ORDIN TACHED HERETO WITH
THE ZONIN i THE SPECIFIC REtUIRE-
OF THE CI ' MENTSCONTAINEDINTHIS
LAKE TEX) ORDINANCE CORRECTING
ZONIt3GCH, THE OFFICIAL ZONING
TAIN TRAC-. MAP• PRESERVING ALL
LAND WITHIN THE CITY Or OU I Or 1 no.,.,. . t*_ OTHER PORTIONS OF THE
SOUTHLAKE, TEXAS SUR VYE ABSTRACT NO.
BEING APPROXIMATELY 706,TRACT6 FROM SINGLE ZONING AO SEVER th PRO-
LITY
2.832ACRE TRACT OF LAND FAMILY 1 TO COMMUNITY
JIDING A SEVERABILI"S Y
OUT OF THE L.H.CHIVERS SERVICE ZONING DIS- —
SURVEY ABSTRACT 300, TRICT. USES IN ACCOR- CLAUSE; DETERMINING
LOTI BLOCK80-A PECK AD- DANCE WITH THE EXHIS-' EST, THE PUBLIC INTER-
DITIdNFROMSINGLEFAM- IBIT ATTACHED HERETO, ALT ELALRE D MAND
ILYiTO ZONING DISTRICT. IWITH THE SPECIFIC RE-I TH WELFARE DEMAND
USES IN ACCORDANCE QUIREMENTS CONTAINED' THE ZONING CHAEGTS
WITH EXHIBIT ATTACHED IN THIS ORDINANCE COR- HERHERE AMENDMENTS
HERETO WITH THE SPE-_RECTING THE OFFICIAL. INGA E MADE; TTOEX-
CIFIC REQUIREMENTS ZONING MAP; PRESERV- INGD T E SUMTY TOEX-
CONTAINED IN THIS ORDI- ING ALL OTHER PORTIONS CURRENT Sl COED THE SUM OF TW• COUNT NUMBER
NANCE,CORRECTING THE OF THE ZONING ORDI- HUNDRED DOLLARS
OFFICIAL ZONING MAP;-NANCE;PROVIDING ASEV- (5200.00)AND SA SEPARATE
PRESERVING ALL OTHER ERABILITY CLAUSE; DE- DEFENSE SHALL EE
ON RECPT PORTIONS OF THE ZONING TERMINING THAT THE 1OI23 UPON EACH DDEEMED AY DURING CIT57
ORDINANCE CORRECTING PUBLIC INTEREST, MOR-
- THE OFFICIAL ZONING ALS AND GENERAL WEL ,. OR ON WHICH AVIOLATION
IF YOU HAVE QUESTI• MAP PRESERVING ALL FARE DEMAND THE ZON- OCCURS,EFFECTIVEV PROVIDING'•
OTHER PORTIONS OF THE ING CHANGES AND'', OUR CUSTOMER SERVICE DEPAR Se DATE. TO ASSIST
US IN AN ACCURATE • ZONING ORDINANCE;PRO- AMENDMENTS HEREIN SanY of ectIothepron 7.Any visions fthIsing
VIDING A SEVERABILITY MADE;PROVIDING A PEN- MAIL ALL PAYMENTS TO P.O.BO)dlnance
be
l deemed guilty
ty XAS 76199.
CLAUSE DETERMINING ALTY NOT TO EXCEED THE dlnanceshallbedeemedgulify
Arl
THAT THE PUBLIC INTER-3 SUM OF TWO HUNDRED V THE LOWER PORTION WITH YO of a misdemeanor and upon
EST MORALS ANDGENER-
DOLLARS (5200.00) AND A eonvictIonihereofshallbeflned
AL WELFARE DEMAND SEPARATE OFFENSE Inasumllars nott IxceedTwoHun-
THE ZONING CHANGES SHALL BE DEEMED COM-
MITTED dred Dollars 0s and ea
AND AMENDMENTS MITTEN UPON EACH DAY separate offense shall be
HEREIN MADE: PROVID- DURING OR ON WHICH AVI- deemed committed upon each
INGA PENALTY NOT TOEX- OLATION OCCURS AND ADVERT day during oroontinu aviola- IVT
PROVIDING AN EFFEC -- Sectio 8.Theurs continues.
FortWortu ajar."
TIVE DATE. Sectlon8 Thefa are m ads-
Section 7.Any person violating ant zoningordinance and regu-
■ any of the provisions of this or- REMIT TO: , F , latlons ofr the City are Inade- TH, TEXAS 76199
dny of t shall be deemed guilty or- auatetoproperlysafeguardthe
of a misdemeanor and upon health, safety, morals, peace
In-
conviction thereof shall beflned ACCOUNT habitants
anb general welfare thea In-
Ina sumnottoexceedTwoHun- NUMBER C I T 5 7 Iic business,propCerty,health RECPT
dred Dollars ($200.00) and a
of
separate offense shall be the public whichrreauiresrthat
deemed committed upon each thisordinanceshallbecomeef-
day during on on which a viola-
'Lion occurs or continues. festive from and after the date
of
Section 8.The fact that thepres- Itsfinalpassage,nedItIssc-
c
ent zoning ordinance and regu- oORDINANCE
R D IIN so ordained.
latlons of the City are Inade- AN ORDINANCE OAMEND-
auatetoproperlysafeguardthe ING ORDINANCE NO. 334
health, safety, morals peace THE ZONING ORDINANCE'
and general welfare of the in- OF THE CITY OF SOUTH-
habitantsoftheClty,creates an LAKE TEXAS GRANTINGA
emergency for the Immediate ZONING CHANGE ON ACER-
preservation of the City of the TAIN TRACTOR TRACTS OF
public business, property, LAND WITHIN THE CITY OF
health,safety and general wel- SOUTHLAKE, TEXAS
fare of the public which re- BEING APPROXIMATELY
quires that this ordinance shall 2.832 ACRE TRACT OF LAND
CITY OF SOUTHLAKE teerrt edateo effective
from
pasage, ORIGINA OUT OF THE L.H.CHIVERS
and it Is accordingly so or- SURVEY ABSTRACT 300,
667 N CARROLL dalned. PLEASE P,DIOn,BLRC 80-A PECK
AD- 559 • (g9
S O U T H L A K E City of Southlake ILY 1 TO ZONING DISTR ICT.
s/Sandra L.
Secretary THIS AMOI USES IN ACCORDANCE
CitWITH EXHIBIT ATTACHED
ATTN : SANDRA LEG1 AND HERETO,
WIITHR THE
SPE-
CIFICNTS
CONTAINED IN THIS ORDI-
NANCE,ALOZONING MAP
PLEASE WRITE IN AMOUNT PRESERVING ALL OTHERPORTIONS OF THE ZONING
ORD NANCE CORRECTING
THE OFFICIAL ZONING
..int., A SEVERABILITY
/ CLAUSE• DETERMINING
THAT TPIE PUBLIC INTER-
ALT�IIEOLFAREND DEMAND THE ZONING CHANGES
HEREIN AMENDMENTS
I NG A PENALTY NOT THE SUM OF TWO
HUNDRED DOLLARS
(S200.00)AND A SEPARATE
OFFENSEEEME COMMITTED,
UPON EACH DAY DURING I
OR ON WHICH A VIOLATION
OCCURS AND PROVIDING
AN EFFSection 7.Any( E per oDn violating
any of the provisions of this or-
ofnance misdemeanodeemed
r d dgupon
conviction thereof shall befined
Ina sum
Dollars(S�0p and a separate offense shall be
day ed duringor on whiitted ch a viola-
lion occurs or continues.
Section 8.The fact that the pres-
atiot s zoningo the(City are(nade-
MOU Sn a 'noA heatetoproperlysafeguardthe'
�/ j / health, safety, morals peace
Jj 4y J 9 p y {/ j and general welfare of the In-
habitants Aewamseep! of the City,creates an
emergency for the Immediate
pue s)u3wLUOa inoA U/ jJajSBJajui S�eM/e ale am 'S/(/j Op of 'Saa/Ades preservation of the City of the
public business, property,
/JUe �JOM !n0 �0 �fj//enb ay; anoJdtui �(//enuijuoa Oj Uoqua,un Jn0 Sl j/ fare ,safety and general wel-
fare of the public which re-
y quires
ome effectie f ordinance shall IO 3Stt/131d
uacuojsn� Jeep
ter the date of Its final passage LNI aOd
and It Is accordingly so or-dalned.
ORAN ORDINANCEOAMEND-
ING ORDINANCE NO 334 THE ZONING ORDINANCE'
LLAKEOF HTEXAS GRANTOINGA ZONIPIGCHANGEONACER-
TAIN TRACTOR TRACTS OF
LAND WITHIN THE CITY OF
SOUTHLAKE TEXAS
BEING APPROXIMATELY
10.0027 ACRE TRACT OF
LAND RT RCRAN36.460ACC E TATOFD OUTOF THE THOMAS HOOD
SUR 706,RAC`T6FROMSINGLE
SERVICEY 1 TZZONI UDIS-
TRICT. USES IN ACCOR-
DANCE WITH THE EXHIS-
WI ITT
H THE SPECIfFICERE-
IN QUIREMENTS CONTAINED
R ECTI NGRTDHEAOFEF'ICIAR
N ZONINGL O�THE'R PORTIONS OF THE ZONING ORDI•
NANCE;PROVIDING ASEV-
ERABILITY CLAUSE; DE-
TERMINING THAT THE
PUBLIC INTEREST,GEEAL WEL-
FARE DEMAND THE ZON-
AMENDMEN SE HEREIN
MADE;PROVIDING A PEN-
ALTY NOT TO EXCEED THE
SUM OF TWO HUNDRED
DEL OLRRATE200.00) AND A
FFEN
SHALL BE DEEMED COM-
MITTED UPON EACH DAY
DUR ING OR ON WHICH A VI-
OLATION OCCURS AND
PROVIDING AN EFFEC-
TIVE DATE.
aSection
y of the provisos oflthis or-
ofnance shall misdemeanor deemed gupon conviction thereof shall beflned
Ina sum not to exceed Two Hun-
s red aaf20eOsllbeepateofen ha
day duurring on onttwh which uponeach
viola-
tion
occurs or continues.
Section 8.The fact that the pres-
ent zoning ordinance and regu-
lations of the City are Inade•
heath, saffettyy,r morals, peace and general welfare of the in-
habitants of the City,creates an
Preservation of for the Cityefithe
Public business, property,
health,safety and general wel-
fare of the public which re-
quires that this ordinance shall
af-
terer the date me fts final assae from and ,
and it Is accordingly so or-
dained.
naL�ean/s/Sadr L.LeGrand
-- City Secretary