0334-047
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-47
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 A 6.14
ACRE TRACT OF LAND OUT OF THE JAMES THORNHILL
SURVEY, ABSTRACT NO. 1505, TRACTS 1H AND 1J,
MORE COMMONLY KNOWN AS 1640 WEST CONTINENTAL
BLVD., AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A", FROM AGRICULTURAL ZONING
DISTRICT TO THE RESIDENTIAL ESTATE ZONING
DISTRICT 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 THOUSAND ($2000.00) 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
t
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,
-2-
and Works of said zoning ordinance are not amended, but remain
intact and are hereby ratified, verified and affirmed.
A. That the allowed use of a certain tract or tracts of
land being approximately a 6.14 acre tract of land out of
the James Thornhill Survey, Abstract No. 1595, Tracts 1H
and 1J, more commonly known as 1640 West Continental
Blvd., and more fully and completely described in exhibit
"A", from the Agricultural Zoning District uses to the
Residential Estate Zoning District 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
-3-
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000. 00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
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.
PASSED AND APPROVED on the 1st reading the G).0 day of
41e-U4Ititt. , 1988 .
PASSED AND APPROVED on the 2nd reading the 3 day of
'/ 1984E1.
•
0111PA1411/411 411"
411
Jolnny Westerholm, Mayor
Cloy of Southlake
ATTEST:
AL ate7
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
City Attorney 7
City of Southl e
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p. INTEROFFICE MEMORANDUM
d ; 1933
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CITY aa .aZ A,R.X
DATE December 15, 1988 FROM William D. LeGrand
Director of Public Works
TO Sandra L. LeGrand SUBJECT Zoning Request Change—ZA 88-36
City Secretary
ZA 88-36 refers to the zoning change request for a 6.14 acre tract of land
out of the James Thornhill Survey, Abstract NO. 1505, Tracts 1H and 1J.
The location is the Northeast corner of the intersection of South Peytonville
Avenue and West Continental Blvd. The address is 1640 West Continental Blvd.
The owner is Billy Jon Curb.
The present zoning is Agricultural; the requested zoning is Residential Estate.
There were nine (9) letters sent to surrounding property owners. To date,
two (2) favorable responses were received by mail. No other responses have
been received.
This tract is shown to be medium density residential on the Land Use Map/
Master Plan.
The Planning and Zoning Commission recoimiended approval of this zoning
request on December 8, 1988.
7
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William D. LeGrand
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!irri
Fort Worth Star-Tele
400 W.SEVENTH STREET•FORT WORTH TEXAS i
DATE DESCR
JAN 08 6262867 january
THE STATE OF TEXAS
CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DEBORAH BUSH 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:
********** AD# 6262867 SOUTHLAKE,YE TEXAS
NO.334-47
AN ORDINANCE AMEND-
* R E C O N C I JAN 08 1989 THE ZONING ORD ANC4E
OF TE* M O N LAKE,TEXAS, GRANTING
A
* CALL 390 CERTAIN CTRACT ONO
R
TRACTS OF LAND WITHIN
* 0 THE CITY OF SOUTHLAKE,
TEXAS BEING APPROXI-
**********
TRACT O A 6.14 ACRE
TRACT OF LAND OUT OF
THE JAMES THORNHILL
Signed SURVEY ABSTRACT NO.
MORECOMMONLYKNOWN
Subscribed and sworn to before me, this the AS 1640BLVD WESTAND CONTMORE
INEN-89
TAL .
FULLY AND,COMPLETELY r
/ DESCRIBED IN EXHIBIT .C. /G `.
Public , A" FROM AGRICULTUR-` •--
�,Qq� " --"' AL ZONING DISTRICT TO Texas.
THE RESIDENTIAL Es-
i.4;5 n, EVELYN W. FLETCHER ! TATEZONINGDISTRICTUS-
4„�,.3 #F� I ES IN ACCORDANCE WITH
Notary PuhIIc THE EXHIBIT ATTACHED
__JA--w° , HERETO, WITH THE SPE-
" '� I$c STATE OF TEXAS CIFIC REQUIREMENTS
1 111 J
u ? 41e /��,,,� CONTAINED
CORRECTING THE
."3,7�.,5 •"t" my Comm.Exp.Sep.3a,1992 OFFICIAL ZONING MAP
` PRESERVINGOI THE ZONING
ORDINANCE; PROVIDING
• A SEVERABILITY CLAUSE•
DETERMINING THAT THE
PUBLIC INTEREST MOR-
ALS AND GENERAL WEL-
• FARE DEMAND THE ZON-
ING CHANGES AND
CURRENT AMENDMENTS HEREIN OUNT NUMBER
MADE;PROVIDING APE
ALTY NOT TO E XCE E D TH
ON RECPT 1/08 - biso0.00)ANDASEPARATECIT57
OFFENSE SHALL BE
DEEMED COMMITTE
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPAR UPON EACH D,>Y DURING TO ASSIST
OR ON WHICH 4 VIOLATIO •
I a. _ _k YP• I • Pt P _ a _ Ps • ••.•. ;• I OCCURS AND PROVIDIN�XAS76799.
Si AN EFFECTIVE DATE.
1.-- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOU PASSED AND APPROVED
THIS THE 3rd day of
January,1989.
Johnny H.Westerholm
)119yor of hlake
ADVERT! ATTEST:
Sandra L.LeeGrand vT
City Secretary \
FortWorthApproved as to form:
REMIT TO: P.O. E E. ylor fH, TEXAS 76199
City Attorney
6262867 ACCOUNT CIT57 PAYMENT ON RECPT
NUMBER DUE DATE
1 — -
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL 36 . 96
SOUTHLAKE TX 76092 0 PLEASE PAY
ATTN : SANDRA LEGRAND THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth nar=lelegram 1
400 W.SEVENTH STREET•FORT WORTH,TEXF"
DATE I DES, 111
/27 6258733 Dec 23
THE STATE OF TEXAS
CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Suzanne Vasquez 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:
6258733 12/23/88 CL 008 NOTICE RF AND1J,STRACT O.1E OM, ONLTS Y
PUBLIC HEARING AND 1J MORE COMMONLY
NOTICE Is hereby given to all: KNOWN AS 1640 WEST CON-
AND
CounciloftheCltnyofSou Southlake, MORENTAL FULLYLAND COM-
Texas,will be holding a public PLETELY DESCRIBED IN
hearing at the regular City EXHIBIT"A" FROM AGRI-
Council meeting to be held on CULTURAL `ZONING DIS-
January 3,1989 at 7:30 p.m.In TRICT TO THE RESIDEN-
the city council chambers of TIAL ESTATE ZONING
city hall,667 North Carroll DISTRICT USES IN ACCOR-
Avenue,Southlake,Texas. DANCE WITH THE EXHIBIT
TO,WITH
Purposeofthehearinglstocon- THEACHED SPECIF CRREQUIRE-
siderthesecondreadingofthe MENTSCONTAINED IN THIS
following ordlnance: ORDINANCE CORRECTING
THE OFFIIALING
Signed CITY OF MAP PRESERVINGNALL
SOUTHLAKE TEXAS - OTHER PORTIONS OF THE
ORDINANCE NO.334-47 ZONING ORDINANCE;PRO-
ANDING A SEVERABILITY
Subscribed and sworn to before me, thi ING O DI NNA ANCE NO. 334 CE AMEND- CLAUSE,. DETERMINING
THE ZONING ORDINANCE— THAT THE PUBLIC INTER-
OF GENER-
AKE,TEXAS GRANTIINGA ALTWMELRFARESND DEMAND
Notary Publ ZONItJGCHAf4GEONACER•_ THE ZONING CHANGES
TAIN TRACT OR TRACTSOF AND AMENDMENTS
LAND WITHIN THE CITY OFt IHEREIN MADE PROVID•
e SOUTHLAK E TEXAS INGA PENALTY NOTTOEX-
r'b� �VGL�rN`� FLETCHt-R ` BEINGAPPROS(Ii,kTELYA CEED THE SUM OF TWO
Le 6.14 ACRE TRACT..JFLAND THOUSAND 32000.001 AND A
'fn tiotBfy Public OUT OF THE JAMES SEPARATE OFFENSE
THORNHILL SURVEY, AB- SHALL BE DEEMED COM-
• Exi
* k STATE OF TEnr15 MITTED UPON EACH DAY
^� DURING OR ON WHICHAVI-
OLATION OCCURS AND
• ��Jlr� *~ MY Cn3 � a0 inc?, TIVE DATEG AN EkFEC
• City of Southlake
,, �~ Sandra L.Southlake
LeGrand
=MI— ,
City Secretary
• 12/23/88 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.
A.---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----..L
ADVERTISING STATEMENT
Fort Worth -.„
REMIT TO: 99P.O. BOX 99074 • FORT WORTH, TEXAS 761
ACCOUNT PAYMENT
NUMBER CIT57 DUE DATE ON PECPT
PAGE OF
6258733
City of Southlake
667 N. Carroll PLEASE PAY $25.90
Southlake, TX 76092 THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED