0334-054
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-54
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 13.864
ACRE TRACT BEING ALL OF A 12.297 ACRE TRACT AND
A PORTION OF A 6.737 ACRE TRACT IN THE A.H.
CHIVERS SURVEY, ABSTRACT NO. 299 SAVE AND
EXCEPT A 0.036 ACRE TRACT OF LAND BEING USED AS
A CEMETERY AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL
ZONING DISTRICT USES TO RETAIL-1 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
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 13.864 acre tract being all of
a 12.297 acre tract and a portion of a 6.737 acre tract in
the A.H. Chivers Survey, Abstract No. 299 save and except
a 0.036 acre tract being used as a cemetery and more fully
and completely described in exhibit "A" from Agricultural
Zoning District uses to Retail-1 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 day of
1981.
PASSED AND APPROVED on the 2na._-x ng the day of
1981.
{~~'i'r ~ :t` `may r
J nny W s 1
Mayor
id,
_ ~._7 >a = C~ty o_ Southlake
l
f,
14.
andra L. LdGrand,
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake
-4-
CM OF. ~.u lr
PARCEL 3
PROPOSED ZONING FROM LIGHT COMMERCIAL TO RETAIL 1
PROPERTY DESCRIPTION
13.864 acres of land situated in the A. H. Chivers Survey,
Abstract 299, Tarrant County, Texas and being all of a 12.297
acre tract of land and a portion of a 6.737 acre tract of land
conveyed to The Highland Group Joint Venture as recorded in
Volume 8207, Page 1513, Deed Records of Tarrant County, Texas,
said 13.864 acres being more particulary described by metes and
bounds as follows:
BEGINNING at the northwest corner of said Highland Group tract
and also being the northeast corner of a tract of land conveyed
to David C. Hardy, Trustee, as recorded in Volume 7629, Page 709,
Tarrant County Deed Records;
THENCE, S 88°24'41" E along the north line of said Highland Group
tract, 653.66 feet to a point;
THENCE, S 00°29'36" W, 474.13 feet to a point;
THENCE, N 89°30'24" W, 42.76 feet to the beginning of a curve to
the left with a radius of 25.00 feet and whose long chord bears
S 46°14'49" W, 34.89 feet;
THENCE, along said curve in a southwesterly direction, through a
central angle of 88°29'36", an arc distance of 38.61 feet to the
end of said curve;
THENCE, S 02°00'00" W, 472.40 feet to a point in Highland Street
(County Road #3034
THENCE, N 88°00'00" W, along said street, 586.41 feet to a point;
THENCE, N 01°15'12" E, along the west line of said Highland Group
tract and the east line of the aforementioned Hardy tract, 967.87
feet to the POINT OF BEGINNING and containing 13.864 acres of
land.
SAVE AND EXCEPT 0.036 of an acre of land lying within a cemetery
together with right of ingress and egress and being more
particularly described by metes and bounds as follows:
COMMENCING at the northwest corner of the above described 12.297
acre tract:
THENCE, S 88°25'41" E, 156.0 feet;
THENCE, S 01°01'50" W, 18.0 feet to the POINT OF BEGINNING of
said 0.036 of an acre cemetery tract;
THENCE, S 88°00' E, 35.0 feet;
THENCE, S 01°01'50" W, 45.0 feet;
THENCE, N 88°00' W, 35.0 feet;
THENCE, N 01°01'50" E, 45.0 feet to the POINT OF BEGINNING.
i°~` EXHIRTT "Are
Fort Worth Star-Teif ____:\
400 W.SEVENTH STREET•FORT WORTH TEXA
DATE DESI
APR 09 6308586 april `
THE STATE OF TEXAS CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared ROSALIE RIVERA 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:
********1 6308586 4/09
SOUTHLgKE TEXAS
* CLOO8 AIRDINANCE 14D �
NANCE pC' INORDE
* R E C O N c ZONING ORDIP(gPTjCE
* M( KEETEXAS GRANT
* CALL TRAC75 OF TLAPIp* HIN THE
******** STHLAKE CITY OF
BNGAPPRdX�EXgS
Signed Q :(1134:::44:
G q pFETRACEr (,�/CE TRACT A 13'OTIONOp AA6D ;Subscribed and sworn to before me, is the CE TRACT IN THEl EX EPl3q0.036 LL, 1989.
Note 'ublic�l AC TRABEG USEDqSqCEOlETYAND MOREnty, Texas.
_ rFY AND
�"'"'A>� �� E�EL���� W. 'FLETCHEB / N EXHIBI�ESCRIBED
r '$ NOta'Y PUbIIC 1 A"FROM
AGRICULTURAL ZON-
, ��^ STATE OF TEAS ING DISTRICT
vii:benteg
RETAIL-1 ZONING DI¢TRICT USES IN ACCOR-
DANCE WITH Tit�~ �Y COtnln EXP.Sep.30.1992 > HERETO ATTACHED
- SPECIFIE REQU REE
_ _ y a MERE CONTAINED IN
THISORDINANCE COR-
RECTING THE 6FF
RlSOz ryG
MAP;
'�)'/I ', 1 ( OTHER PORTIONSAOF ERIOD ACCOUNT NUMBER
CURRENT / THE ZONING ORDI-
ALS
SVERABILOITY INC•A
ON RECPT :PEA
LAUSE DETERMIN- 9 CIT57
NG THAT THE PUBLIC
DEGENERALOR tAiIF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SEFRE DEMAND THE 17)390-7761.TO ASSIST
US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENT ZONINGCHANGESAmEopmENTsAND :T WORTH,TEXAS 76199.
A� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTI NOTI p EMADE►S•AL y IT �►
EXCEED THE
SUM OF TWO THOU-
SAND wow
A AND A
SHALL gE DEFMEp TATEMENT,
OCOMMITTED UPON
NWtIDCHAVUpRINGOR
GUAIf EFFEC�IyE • FORT WORTH, TEXAS 76199
PortWorth Star.Telegram P DATE.
assed antl p AYMENT
ACCOUNT readingihlstF�gtrovedofln 2neAYIUE DATE O N RECPT
6308586 NUMBER nny H.Westerholm Aorll,
Mayor of Southlake
PAGE IOF ATTEST:
Sandra L.LeGra
City Secretary nd
Aooroved as to form:
g.Allen Taylor
_l_1Y Attorney
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 44 . 80
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
F.rt Worth Star-Teleç ,_______,,
400 .SEVENTH STREET•FORT WORTH TEXAS 76'
DATE DESCRI
MAR 24 ' 6299806 march 24
THE STATE OF TEXAS CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared ROSAT TR RTVERA 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:
nu i ice OF PiTSCfC--'
*********** 6299806 3/24/89 HEARING
NOTICE
TInterested persons that the City
exas,Is holding:l :public hheae* Ing during the regular City
CL008 gg
h
* RECONCIL Count MeetIa17:ojpmh ldo
i * M 0 N T city council tchambers of cl}y
* C A L L 3 9 0— Soullha keoTexas rroll Avenue,
* Purposeofthehearin Istocon-
*********** filler the second read�ng of the
/ I following ordinance:
Signed V 1,C SOUTpf CITY TEXAS
ORDINANCE F10.334S4
Subscribed and sworn to before me,' this a AMENDING IN4NCE
NANC ORDI- 89_
E NO. 33N, THE
ZONING ORDINANCE
4'i Notary Public- LAKEETEXASOFGRANT-
ttjf r;j
D °a _ . . - - - ^ . - _ . . NGAZONINGCHANGE , Texas.
A CERTAIN TRACT
^ ,� .. r 1 M�'iORITHINATHEOF CITY LAND
O 89 ;' I *� 'F EVELYNotN
FLETCHER BEINGAPPREdXTEXAS
�;! �" * .dL * STATE OF TEXAS BEING 86NACRETRACT
�,/�� BEING
ALL OF
AND�A PORTION OF A 6.737
�+ ACRE TRACT IN THE
OFFICE 0 ! �t0F1'0 MyCOMM.EV.Sm.30.t992 A.H.CHIVERS SURVEY
CITY: CT"�f..-y`'. ` - . AL.,. ..,�.+-.,m..vy-- —+ AND EXCEPTASAVE`
1ji. �YuLAtsa�'} if ACRE TRACT OF LAND
BEING USED AS A CEM-
__ ETERY AND MORE
am= FULLY PLETELY DESCRIBED
7lOM-
IN EXHIBIT A•FROM COUNT NUMBER
ING DISTRICT AGRICULTURAL
ON RECPT TRC( SC USES,INWITH THE EX-
HIBIT ATTACHED
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEP• HERETO WITH THE 1.TO ASSIST
SPECIFIC
N
US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.B EXAS 76199.
THIS ORDINANCE COR-
.A TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH Y( C ALTING ZONITE NG MAp
� -
OTHER PORTIO NSA OF
THE NANCE�PRONVID NG A
ADVERCLAUSE;SEVERABILITY
THE RMINPUBL- ENT
F'ort Worth Star-Telegram REMIT TO: F INTEREST, MORALS
AND GENERAL WEL-
FARE JRTH, TEXAS 76199
ZIG CHANGES THEN 0
ACCOUNT CI 57 HEREIN MADE PRO
6299806 NUMBER VIDING A PENALTY
I NOT TO
SUM OF TX CEEDHTOU
1 SAND (=2000 00) AND A
SEPARATE OFFENSE
PAGE OF SHALL BE DEEMED
COMMITTED UPON -
ON EACH DAY DURING OR
OCCUR S ANDIPROVID
ING AN EFFECTIVE DATE
City of Southiake
Sandra L.LeGrand
city Secretary
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL 30 . 10NI
SOUTHLAKE TX 76092 0 PLEASE PAY
ATTN : SANDRA L • LEGRAND THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED