0334-065
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-65
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 1.545
ACRES OF LAND OUT OF THE HALL MEDLIN SURVEY,
ABSTRACT NO. 1038, AND MORE COMMONLY KNOWN AS
THE MONTICELLO ADDITION, 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 DOLLARS
($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 1.545 acres of land out of the
Hall Medlin Survey, Abstract No. 1038, and more commonly
known as the Monticello Addition, 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
1 G , 1989.
Ile S ED, AND APPROVED on the 2nd reading the f day of
1989.
r
ry ickes, Mayor
City of Sots, hlake
ATTEST:
` °
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
(Ni O
City Attorney
City of Southlake
-4-
EXHIBIT A
Metes and be=ds de_--c_'_=_cn Follows:
BEGINNING a = a ne:1 set In the nor t!-, line u: sa iz hail med ;.It
bald nail oe_ng the northeast corner ct d 3-: dcre
tract of land conveyed tc Mekor,. Inc. by need recGrCed in Vclume-
8339, Paoe :095 of the Nerd Recorda of Tarrant County, Texas,
said na;l also being at the approximate center of
section, of Continental Boulevard and White Chep the ir.ter-
which a found iron pin of fence corner bears S66'43'j01'aW. 5!.15
feet for corner;
THENCE with the approximate centerline c.! Said White chapel
Boulevard and the east line o! sa.d 39,01 acre trot[
the following:
S 34'55'25' W. 138.90 feet to a nail set;
S 31'I0'25' W, 138.90 feet to a nail set;
S 22'55'25" W, 98.90 feet to a-nail set;
THENCE N 37'11'10" W leaving the approximate centerline of _
said Whit* Chapel Boulevard 405:46 feet to a nail set,
said nail being in the.north-fins of said Hall Medlin
Survey and the north line of adid-39.01 acre tract for
corner:..
THENCE N 89'53'40" E. 435.60 Tfeet with~the'morth line of said
Hall Medlin Survey and the rort4,,line of said 39.01
acre tract to the POINT OF,-BEGINNING and containing ;
1.545 acres (67,320 square'-teetl`b? -"land, -save and
except any portion of this In use as a public--
right-of-way.
THE STATE OF TEXAS CIT57 OTAL
H/LINE I RATE AMOUNT
COUNTY OF TARRANT 75 •6 0 4 5.0 0
• Before me,a Notary Public in and for said Countyand
State,this day 01 AFFIDAVITS
personally appeared Rosalie Rivera
ng Specialist
for the Fort Worth Star-Telegram,published by the Star-Telegram,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:
CITY OF
S TEXAS
6387916 9/09/89 ORDINANCE NO.334-65
AN ORDINANCE
CL358 AMENDING ORDI-
NANCE NO. 334, THE
ZONING ORDINANCE
OF THE CITY OF SOUTH-
LAKE,A ZON NG CHANGE
ON A CERTAIN TRACT
OR TRACTS OF LAND
WITHIN THE CITY OF
SOUTHLAKE, TEXAS
BEING APPROXIMATE-
LY 1.545ACRESOF LAND
OUTOF THE HALLMED-
LIN SURVEY AB-
STRACT NO. 1030, AND
Signed MORE COMMONLY
KNOWN AS THE MONTI-
CELLO ADDITION,AND
ND
Subscribed and sworn to before me,this the CMORE OMPLETELY LLY ADE-
SCRIBED IN EXHIBIT
rr "A" FROM
AGRIING DUL- R19�9.
NotaryPublicSl TRICTIUSESTORETAIL-
1 ZONING DISTRUCTe.s^TU '�
WITH THE ECXHRIB T AT-
TACHED HERETO RETAIL-
as.
WITH THE SPECIFIC`
Ai V/r REQUIREMENTS CON-
TAINED IN THIS ORDI-
sl NANCE CORRECTING ‘'HER
THE OFFICIAL ZONING
MAP; PRESERVING
ALL OTHER PORTIONS
� '.'��'-A1� NANCE;PROVIDING AI i
,;ice SEVERABILITY
~� ING THAT THE PUBLIC 1992
INTEREST, MORALS Tram
AND GENERAL WEL-
FARE DEMAND THE
ZONING CHANGES AND
AMENDMENTS
HEREIN MADE; PRO-
VIDING A PENALTY
NOT TO EXCEED THE
/6 SUM OF TWO THOU-
SANDCURRENT / p / ),L� DOLLARS
` L /�v RATE.001 AND A SE PA- CURRENT STATEMENT PERIOD I ACCOUNT NUMBER
OFFENSE SHALL
ON RECPT BE DEEMED COMMIT-
TED UPON EACH DAY 9/09 — 9/09 CIT57
DURINGORONWHICHA
VIOLATION' OCCURS,
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT;;AND PROVIDINGANEF-
FECTIVE DATE CUSTOMER SERVICE DEPARTMENT AT(817)390-7761. TO ASSIST
a - •: 11 :` il " '• I • Y• '. PASSEDANDAPPROVEDIN ALL PAYMENTS TO P.O. BOX 970734 FORT WORTH, TEXAS 76197.
. SECOND READING THIS
, —TEAR ALONG THIS PERFORATI BER 5198oAY OF sEPTEM OWER PORTION WITH YOUR PAYMENT fit.
APPROVED:
Mayor Gary Flckes
ATTEST:
Sandra L.LeGrand
City Secretary ADVERTISING STATEMENT
Approved as to form:
Fort Worth
E.Allen Taylor
ey
REMIT TO: O. P.O. BOX 970734 • FORT WORTH, TEXAS 76197
6387916
ACCOUNT CIT57 PAYMENT ON RECPT
NUMBER DUE DATE
I
PAGE OF
• CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL 45 .00
SOUTHLAKE TX 76092 0 PAY
ATTN : SANDRA LEGRAND 1PLEASE
HIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegra W
400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 F _
DATE DESCRIPTION �' CIT57 u
THE STATE OF TEXAS
AUG 23 6378464 august 23
COUNTY OF TARRANT
Before me, a Notary Public in and for said County and State,this day
personally appeared Rosalie Rivera Billing Specialist
for the Fort Worth Star-Telegram,published by the Star-Telegram,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:
' PUBLIC HEARING
6378464 8/23/89 NOTICE Is hereby given to all
interested persons that the City
CL358 Counci of Texas,lwillllhebe hityofolding a fpublic
hearing during the City Council
**************� meeting to be held onSeptem,
ber 5, 1989 beginning at 7:30
p.m.667 North Carroll Avenue,
* Southlake,Texas.
* RECONCILE At id
Purposeofthehearinyistocon-
serthefollowingordinancein
* MONTHLY Second reading:
* CALL 39O-7SO_ ' ORDINANCEI�O 334A65
* Signed AN ORDINANCE AMEND-
ING ORDINANCE NO. 334,
S
**************' C THE ZONING ORDINANCE
Subscribed and sworn to before me,this the
OF THE CITY OF SOUTH- 19 89.
LAKE,TEXAS,GRANTINGA —'I
ZONINGCHANGEONACER- I
TAIN TRACTOR TRACTS OF
NOtaryPubliC SOUTHLAKETHE TIEXAS
..i BEING APPROXIMATELY xas.
1.545 ACRES OF LAND OUT
'- OF THE HALLMEDLIN SUR-
R
VEY, ABSTRACT NO. 1038,
AND MORE COMMONLY
KNOWN AS THE MONTICEL-
•,� x• ni; - - �`�� LOADDITION, ANDMORE
FULLY AND COMPLETEALY
DESCRIBED IN EXHIBIT
04, ZON NG DISTRICT USE51011
TO -ETCHER'
a. RETAIL-1 ZONING DIS- i
# DANCE WITH THE EXHIBIT
Ib lc
ATTACHED HERETO,WITH � '�
THE SPECIFIC REQUIRE-
T
l OHD NEE
,CORREC ING ep.30,1 '71
MAP; PRESERVING ALL �"��"'= -'�+
OTHER PORTIONS OF THE
R
_ ZONING ORDINANCE;PRO-
CURRENT
CURRENT Si CLAIUSEADETERMINIING VUrvI Ivumocn
THAT THE PUBLIC INTER-
ON RECPT 8/23 'ALT EOLFARENDEMAND CIT57
THE ZONING CHANGES
HEREIN MADE PROV D
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT, PLEASE CONTACT OUR CUSTOMER SERVICE DEPAR INGAPENALTYNOTTOEx- •TO ASSIST
• • c• THOUSAHNDSUM OF TWO XAS 76197.
• • . P• T . • • P_ a .T DOLLARS
($2000.00)AND A SEPARATE
sr--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOl DEEMED COMMITTED
UPON EACH DAY DURING
OR OLATION
OCCOURS N HANDCH APROVIDING
AN EFFECTIVE DATE.
NT
FortWorth , City Secret
REMIT TO: P.O. BOX 970734 • FORTVVORTH, TEXAS 76197
6378464 ACCOUNT CIT57 PAYMENT ON RECPT
NUMBER DUE DATE
1
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL 26 . 98
SOUTHLAKE TX 76092 01PLEASEPAV
HIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED