0442CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 334, THE
ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, AS AMENDED, BY RECLASSIFYING AND
REZONING THE FOLLOWING ZONING DISTRICTS
LOCATED WITHIN THE CITY OF SOUTHLAKE, TEXAS,
AND MORE FULLY SET FORTH ON A FJkP ATTACHED
TO THIS ORDINANCE: LOT 3A, CRUMBAKER
ADDITION, SUBDIVISION NO. 8998 (AREA 49);
PROVIDING A PENALTY OF NOT MORE THAN TWO
THOUSAND DOLLARS ( $ 2,000.00 ) FOR EACH
OFFENSE AND DECLARING THAT A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; AND ENACTING OTHER PROVISIONS
RELATING TO THE PURPOSES AND SUBJECT OF THIS
ORD I NANCE.
WHEREAS, the City Council of the City of Southlake, Texas
(the "City"), has found and determined that a certain zoning
district within the City, as shown on a map attached as Exhibit
"A" hereto, was classified as an "HC -- Heavy Commercial"
district in accordance with Ordinance No. 261, the City's
former zoning ordinance which has been repealed by Ordinance
No. 334 of the City (the "Zoning Ordinance"); and
WHEREAS, Ordinance No. 334 contains no provision for
zoning districts with the classifications of "HC -- Heavy
Commercial"; and
WHEREAS, the City Council of the City hereby finds and
determines that it is necesary to reclassify and rezone such
zoning district within the City for the purpose of conformity
with the classifications and regulations of zoning districts
set forth in the Zoning Ordinance; and
WHEREAS, the suggested reclassifications were submitted
to the Planning and Zoning Commission of the City for its
recommendation and report; and
WHEREAS, the Planning and Zoning Commission of the City
and the City Council, in compliance with the laws of the State
of Texas and with the provisions of the Zoning Ordinance of the
City, have given the requisite notices by publication and
otherwise and have held due hearings and afforded full and fair
hearings 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 reclassification and rezoning of the zonin~ district
identified herein and shown on Exhibit "A" hereto is in the
best interest of the public health, safety, morals and general
welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Section 2. That Ordinance No. 334, the Zoning
Ordinance of the City, passed and approved on August 19, 1986,
as originally adopted and amended, be and the same is hereby
amended and changed in the following particulars, and that all
other existing sections, subsections, paragraphs, sentences,
definitions, phrases and words of said Zoning Ordinance are not
amended, but remain intact and are hereby ratified, verified,
approved and affirmed:
A. That Lot 3A, Crumbaker Addition,
Subdivision No. 8998, identified as Area No.
49 on the map attached as Exhibit "A"
h~reto, is hereby reclassified and rezoned
from its former zoning classification of "HC
- Heavy Commercial" to the zoning
classification of "R-1 - Retail One."
Section 3. The City Manager of the City is hereby
directed to correct, or cause to have corrected, the official
zoning map of the City to reflect the reclassification in
zoning described herein.
Section 4. That the use of the tract of land above
described shall be subject to all regulations applicable to
such zoning districts, as reclassified and rezoned, contained
in the Zoning Ordinance of the City and all other applicable
ordinances of the City.
Section 5. 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 c0ndition~ 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 population, to facilitate
the adequate provisions of transportation, water, sewage,
-2-
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, for 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 6. 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 Thousand Dollars ($2,000.00). A separate offense shall be
deemed committed upon each day during or on which a violation
occurs or continues.
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 are in direct
conflict with the provisions of this Ordinance.
Section 8~ If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereof to any person or circumstances 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
the ordinance despite such invalidity, which remaining portions
shall remain ~n full force and effect.
Section 9. This Ordinance shall be effective from and
after the date of approval and publication, as required by the
laws of the State of Texas and the Charter of
Southlake, Texas the ~_ day of
Ma~or,/Ci%y
TeXas
h
C _ity. ' . ~. /
~o%t~hl~ke,
-3-
ATTEST:
f1I1w/
-ft &Si/pa;y Secretary,
City of Southlake, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney,
City of Southlake, Texas
First R?ading:
Second reading:
-4-
0 2 1 3 a/8 5
Hutchison Boyle Brooks & Dransfield
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3900 FIRST CITY CENTER AUSTIN OFFICE:
DALLAS,TEXAS 75201-4622 1000 SAN JACINTO CENTER TOWN LAKE
John F.Boyle,Jr. (214)
TEXAS 78701-4039(214) 754-8600 (51z)477 4121
(214) 754-8611
DALLAS TELECOPY NUMBER.
(214)754-0840
June 30 , 1988
Honorable Johnny Westerholm
Members of the City Council
City Manager Lloyd 0. Latta, Jr .
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Ordinance Reclassifying/Rezoning Area No. 49
Dear Mayor Westerholm, Members of the Council and City
Manager Latta:
As requested, we have prepared the captioned ordinance
for the rezoning of Area No. 49 . You will recall that this
Area was included in Ordinance No. 439 for first reading at
the June 21 Council meeting, but was deleted from that
ordinance because it was not listed on the agenda.
The ordinance has been prepared using the recommended
rezoning from the Planning and Zoning Commission. It is our
understanding that the Council will discusslthe Commission's
recommendation and the property owner ' s request, and then, if
necessary, amend in its motion for approval the
reclassification currently stated in the ordinance .
The ordinance refers to a map attached s Exhibit "A. "
This map should be obtained from the Ci y Engineer and
attached to the ordinance prior to its final a proval .
If you should have any questions or co ments, please do
not hesitate to call either me or Toni Chamb: rlain, a legal
assistant with this firm.
Sincerely,
HUTCHISON BOYLE BROO S & DRANSFIELD
°*'''eviameaL,..*/1- 111
John F. Boyle , J .
JFB/tic/kb
Enclosure
24/1467T
cc: Mrs. Sandy LeGrand
City Secretary
Fort Worth StaTltram
400 W.SEVENTH STREET•FORT WC
DATE a
l " l 07 618E373 a 7
• 50
THE STATE OF TEXAS • 57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Cindy Truitt 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:
**** ITY OF
August 7 , 1988 ORDI�CJANNKCE NE AS
* R AN ORDINANCE AMEND-
ING O' • +r NCE NO. 334
Northeast Extra Edition THE Z• ORDINANCE
* OF THE, I Y OF SOUTH-
LAKE TE AS AS AMEND-
* ED BY RECLASSIFYING
C A AND REZONING THE FOL-
LOWING ZONING DIS•
* TRICTS LOCATED WITHIN
)K*:K* THE TEXAS,TAND Y FMORE FULLY
SET FORTH ON A MAP AT-
�- ij_TACHED TC) THIS ORDI-
NANCE:LOT3A,ADDITION,
Signed ER ADDITION
SUBDIVISION NO. 8998
(AREA 49); PROVIDING A 1988
Subscribed and sworn to before me, this thel St PENALTY T MORE
THANTOTHOUSO
W ANDDOL-
LARS (S2000.00) FOR EACH
Notary ubliC pn OFFENSE AND DECLAR- )
P .Il.)ING THAT A SEPARATE OF- 1L }�
FENSE SHALL BE DEEMED feXaS.
COMMITTED EACH DAY
DURINGORON WHICHAVI-
�.,, .�s:klfte:.id.�..c �_ _ OLATION OCCURS OR CON-
TINUES; AND ENACTING
'„a w ,,,, •"r .�, � EATING TO THE PURPOSES
' 4VI'�'"'•�"ti: DEBRA MORRlS �� S RE-
AND SUBJECT OF THIS OR-
is/Johnny NotaryPUNIC r DINANCE.
Ia ( �${# /s/Johnny H.Westerholm
STATE OF TEXAS Mayor of Southlake
�1�� Attest:
`+„vF My Comm. Exp.Oct.23, 1`391 /s/Sandra L.LeGrand
City Secretary
Approved as to form:
/s/John F.Boyle Jr.
CURRENT i _ • cIrvAttorney
tN I PERI•D ACCOUNT NUMBER
ON RECPTMIIIIIIIIIIIIIIIIIIIIIIIIIPIIIIF
8/07 - 8/07 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.
,�� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
ADVERTISING STATEMENT
Fort Worth Star-Telegram REMIT TO P O BOX 99074• FORT WORTH, TEXAS 76199
Y
6183373 ACCOUNT CIT57 PAYMENT
ON RECPT
NUMBER DUE DATE
PAGE 10F
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY ii 19 . 57
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star.Ter11
400 W.SEVENTH STREET•FORT WORTH T " - -
DATE D '
JUL 22 6173624 July
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Cindy Truitt 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:
* July 22 , 1988 1.' •L. ,ti•
' '_.1„ 4.1.t
RECOI
* il, , 1.
AM & PM -_ ' i, tu0;01`".''-1NG
* NO .f 1l C,- y given to all
Intern • on sthattheCity
* CALL T xasrtwlf4 bettooIdi g a public
* rf ring on August 2,1988 at the
liar city council council meeting
******* hher In thet city counciill Cham
trees of city hall 667 North Car-
/ ' roll Avenue Southlake,Texas.
i Purposeof�learingistocOnsld-
Signed ��I"C C� er the following ordinance in
second reading:
Cl2 •SOUTHLAKE TEXAS 988
t Subscribed and sworn to before me, this F
th� ORDINANCE�N0.442
— AN ORDINANCE AMEND-
ING ORDINANCEs:
NO. 334
._,,,,,,,,� .„,,, -M".._.. .-•„.:• ;�a. 1 d Public THE ZONING ORDINANCE
rY OF THE CITY OF SOUTH-
LA l' EpKE TEXAS AS AMEND-LTeXaS.
.?iC� f-.. -N. DEBRA R ORFUS ANC REZON NY G THE FIOL
$f i `; Notary Public LOWING ZONING DIS-
4 yam, TRICTS LOCATED WITHIN
t '� Ott = i STATE OF TEXAS
HE CITY OF SOUTHLAKE
\ EXAS AND MORE FULLY
yfr�...a r` ET FORTH ON A MAP AT
?,,l My Comm.Exp.Oct.23,1991 ACHED TO THIS ORDI-
EARNCE:LOT 3A,CR UMBAK-
SUBDIVISION NOTt8998,
PENALTY riAR EA IOFRNOT MORE
etty secretar OFFF. —
THAN TWOTHOUSANDDOL•,
I
GARS (52000.00) FOR EACH' • BER
. •
ON RECPT �° r� 7/22 - 7/22 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.
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �A.
ADVERTISING STATEMENT
Port Worth S REMIT TO P O BOX 99074• FORT WORTH TEXAS 76199
__
6173624 ACCOUNT C I T 5 7 PAYMENT ON RECPT
NUMBER DUE DATE
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY ii 18 . 20
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED