0334-048
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-48
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 53.113
ACRE TRACT OF LAND OUT OF THE JAMES THORNHILL
SURVEY, ABSTRACT NO. 1505, MORE COMMONLY KNOWN
AS THE CHIMNEY HILL ADDITION AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY
20.0 B RESIDENTIAL 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 53.113 acre tract of land out
of the James Thornhill Survey, Abstract No. 1505, more
commonly known as the Chimney Hill Addition, and more
fully and completely described in exhibit "A" from
Agricultural Zoning District uses to Single Family 20.0 B
Residential 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 lst reading the day of
1988.
PASSE AND APPROVED on the 2nd reading the day of
/t 1988.
J nny esterholm, Mayor
City f Southlake
ATTEST:
andra L. LeGrand, =tea
City Secretary
APPROVED AS TO FORM:
I 'l &,2
City Attorney
City of Southlake
-4-
S E M P L O, INC. SURVEYING - MAPPING - PLANNING - CONSULTANTS
Fred A. Barnett, R.S. James W. Bartlett, R.S.
I David A. Watson, R.S., L.S.L.S. Jack O. Ashworth, Jr., R.S.
Don M. Wood, R.S. Louis M. Hawkins, R.S., L.S.L.S. - Consultant
David A. White, R.S.
October 4, 1988
FIELD NOTES
All that certain lot, tract, or parcel of land located in the James
Thornhill Survey, Abstract 1505. Southlake, Tarrant County, Texas, being
the residue of that certain called 120 acre tract of land described in
dead from Willard A. Smith, et ux, to John H. Cope, et ux, recorded in
Volume 2896, Page 459, Deed Records, Tarrant County, Texas (D.R., T.Co.,
Tx.), and being more particularly described by metes and bounds as
follows:
BEGINNING at a lit inch steel rod found for the common Southeast corner of
Lot 2, Block 1, Ginger's Knoll, an addition to the city of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-181,
Page 68, Plat Records, Tarrant County. Texas (P.R., T.Co., Tx.), and an
ell corner of the herein described residue tract, a 3 inch fence corner
post bears South 54 degrees East 3-6/10 feet;
THENCE with the East lire of said Ginger's Knoll Addition, North 00
degrees 57 minutes 00 seconds West, passing the common Northeast corner of
said Lot 2 and Southeast corner of Lot 1, passing the common Northeast
corner of Lot 1 and Southeast corner of that certain 5.0 acre tract of
land conveyed to Jose B. Franco, et ux, by deed recorded in Volume 5993,
Page 609, D.R., T.Co., Tx. and continuing with a line common to said
Franco tract and this tract, in all 660-69/100 feet to a 1/2 inch steel
red found in the fenced South line of that certain 40 acre tract of land
conveyed to Naomi Ruth Morrison, by deed recorded in Volume 5822, Page
328, D.R., T.Co., Tx., for the common :Northeast corner of Franco. et ux,
tract and the most northerly Northwest corner of this tract;
THENCE departing said Franco, et ux, tract, with a line common to said
Morrison tract and this tract, and generally with a fence, South 89
degrees 46 minutes 55 seconds East, passing a T-post fence corner at
17-6/10 feet, and continuing in all 802-61/100 feet to a 1/2 inch steel
rod found in said common line at a fence corner, for the common Northeast
corner of this tract and Northwest corner of that certain Tract I (11.5
acres) conveyed to Delores M. White, by deed recorded in Volume 6844, Page
1840, D.R.. T.Co., Tx.;
THENCE departing said Morrison tract, with a line common to said Delores
M. White tract and this tract, and generally with a fence, South 00
degrees 09 minutes 39 seconds East 753-42/100 feet (called SOUTH 753-7/10
feet) to a 1,/2 inch steel rod found at a fence corner for the common
Southwest corner of said Delores M. White tract and Northwest corner of
that certain 15.094 acre tract conveyed to William D. White, et ux, by
deed recorded in Volume 7426, Page 1769, D.R., T.Co., Tx.;
Page 1 of 3
120R gn[ITH MAIN STRFFT. FC)RT WORTH TFXA.% 781111 IA171 Q7R.7R7R MGTRn !,2Q-R7R7
Field Notes
October 4, 1988
Page 2 of 3
THENCE departing said Delores H. White tract and with a line common to
said William D. White. et ux, tract and herein described tract, South 00
degrees 01 minute 41 seconds East, passing a 1/2 inch steel rod found in
the fenced North I i n e of Continental Boulevard at 1292-3/10 feet, and
continuing in all 1330-86/100 feet (called SOUTH 1330-84/100 feet) to a
point in the approximate centerline of Continental Boulevard and South
line of aforesaid Thornhill Survey, for the common Southwest corner of
said William D. White, et ux, tract and Southeast corner of herein
described tract;
THENCE departing said White tract and with the common approximate
centerline of Continental Boulevard and South line of said survey and this
tract, South 89 degrees 52 minutes 49 seconds West 859-68/100 feet to a
p.k. nail found in said common line for the Southeast corner of that
certain 5.14 acre tract conveyed to Billy Jon Curb, et ux, by deed
recorded in Volume 6495, Page 525, D.R., T.Co., Tx.:
THENCE departing said survey line and Continental Boulevard and with a
line common to said Curb tract and this tract, North 06 degrees 11 minutes
06 seconds East, passing West of a fence corner at some 36-9/10 feet, and
continuing generally with a fence, in all 507-08/100 feet (called North 06
degrees 06 minutes East 506-3/10 feet) to a 1/2 inch steel rod found for
corner in said fence;
THENCE continuing with said common lines, the following:
North 83 degrees 11 minutes 26 seconds West, departing said fence,
243-25/100 feet (called North 82 degrees 54 minutes West 243-2/10
feet) to a 1/2 inch steel rod found in a fence for corner,
South 08 degrees 09 minutes 07 seconds West, generally with a fence,
160-93/100 feet (called South 08 degrees 37 minutes West 161-0/10
feet) to a 1/2 inch steel rod found at a fence corner, and
North 83 degrees 02 minutes 45 seconds West, generally with a fence,
passing South of a fence corner at 345-3/10 feet, and continuing in
all 374-71/100 feet (called North 82 degrees 46 minutes West
374-76/100 feet) to a p.k. nail found in the approximate centerline of
Peytonville Avenue and West line of Thornhill Survey for the most
westerly Northwest corner of said Curb tract;
THENCE departing said Curb tract and with the common approximate
centerline of Peytonville Avenue, West line of aforesaid Thornhill Survey,
and West line of the herein described tract, North 00 degrees 00 minutes
18 seconds East 229-38/100 feet and North 00 degrees 57 minutes 08 seconds
West 775-71/100 feet to a point for corner for the Southwest corner of
aforesaid Lot 2, Ginger's Knoll Addition;
,
Field Notes
October 4. 1988
Page 3 of 3
THENCE departing said Peytonville Avenue and common West lines and with
the South line of said Lot 2, South 89 degrees 51 minutes 41 seconds East,
passing a 1/2 inch steel rod in the East line of Peytonville Avenue at
30-0/10 feet from which a fence corner post bears South 57 degrees 44
minutes West 11-9/10 feet, and continuing in all 659-80/100 feet (called
South 89 degrees 52 minutes 45 seconds East 660-0/10 feet) to the place of
beginning and containing some 53.113 acres of land.
The required right-of-way dedication for the two (2) adjacent streets are
32 feet for Peytonville avenue (0.740 acre), and 42 feet for Continental
Blvd. (0.827 acre), leaving a net area of 51-546/1000 acres of land.
r1~DAVID.A Prepared f rom record s and
a survey made on the ground
_ September 26 and 27, 1988.
WH
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Fort Worth Star.Tele = w ..„..___
400 W.SEVENTH STREET•FORT WORTH,TEXAS 7
DATE 1 DESCRI
MAR 12 6293024 march 12
THE STATE OF TEXAS
CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Dana Pitts 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:
6293024 March 12, 1989 CITY Of TION ANU MUKL
**********k ORDINANCENOEX334-0 LY AND DESCRIBED HINEXHIB
CI'• 008 AN ORDINANCE IT"A"FROMAGRICUL-
* AMENDING ORDI- T JRAL ZONING DIS-
NANCE NO. 334, THE TFI CT TO SNINGLE
L
* R E C O N C I L I ZONING ORDINANCE I FAMILY 20.0 Bs
REST-
* M O N LLAKEETEXASFGRANT- DTR CTIUSE S NI AC OR
* , ON A CERTAIN TRACT EXHIBIT ATTACHED
CALL 3 9 0 OR TRACTS OF LAND HERETO WITH THE
* WITHIN THE CITY OF SPECIFIC REQUIRE-
BE NGAPPROX TEXAS
THISORDIINANCE COONTAINED R********** LY A 53.113ACRE TRACT , RECTING THE 6FFI-
Sign OJJAMESDTOHOTRNHILL F THE 1 PRESERVING MALL
SURNO. 1V05, MORE ABSTRACTO I THEER ZONINGPORTIONS
ORDI- )89
Subscribed and sworn to before MONLYKNOWNASTHE • NANCE;PROVIDING A
d C4IMNEY HILL._ADDI- SEVERABILITY
s Nota = CLAUSE• DETERMIN- - '
ING THAT THE PUBLIC
ANINTE D GENERA ORALS WEL- eX83.
FARE DEMAND THE
lOAp117P_"N EVELYN W. FLETCF ZONINGCHANGESANDEDMEN
�'� Notary Public HEREIN MADE; PRO-
* /fi STATE OF TEXAS ! VIDING A PENALTY
NOT TO THE
SUM OF TWO�ETHOU-
AND A
CI 4 �,44OF�~4 My Comm.Exp.Sep-30,19L SEPARATE OFFENSE
SHALL BE DEEMED
_ - COMMITTED UPON
EACH DAY DURING OR
1I ON WHICH A V IOLAT ION
OCCURS AND PROVID-
ING AN EFFECTIVE
DAT''/ ' AUNT NUMBER
CURRENT ,11‹ CURRENT STAT reading thlsAther 7thd In day2n
nMarchy H B9.
Wesferholm
oh .ITS 7
ON RECPT 3/12 - Mayor of Southlake
ATTEST:
Sandra L.LeGrand
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTM City Secretary a ASSIST
US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 91 E.Allen�Tayloor form: .S 76199.
City Attorney
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAY iv,"., �k
ADVERTISING STATEMENT
Port Worth REMIT TO , P O BOX 99074•FORT WORTH, TEXAS 7619
ACCOUNT CIT57 PAYMENT ON RECPT
6293024 NUMBER DUE DATE
PAGE 10F
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 42 • 56
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Tele-MI W
400 W.SEVENTH STREET•FORT WORTH TEXAS'
DATE DESCR
FEB 25 6285052 februarl
THE STATE OF TEXAS CIT57
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared pnlrliP pi„era 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:
***********
* 6285052 2/25 NOTIHEARINGaLIC
NOTICE Is hereby given to all
* R E C O N C I L
City
e iofheiththCocltCtyofSoulake,
* MONT CL008 lchd1gg9atbl
hearringonMar7, 983* CALL 3 9 0- meeeting,the
orbbee regular the"citty
* 666677nNorl th Carroll Ars of venue,
*********** Southlake,Texas.
Pu rpose of the hea ring i s tocon-
skier the second reading of the
Signed following ordinance: //`
ORDINANCE NO.334-48 '
AN ORDINANCE
Subscribed and sworn to before me, tj1is e AMEANNCEDINGNO. 334, THE 0RD 1989•
/ N
ZONING ORDINANCE y+-
OF THE CITY OF SOUTH- t �t r
Notary Public ',, l LAKE,TEXAS,GRANT-
INGA ZONING CHANGE Texas.
ON A CERTAIN TRACT Y,
•µ�2.�L � ..., OR TRACTS OF LAND
WITHIN THE CITY OF
EVELYN
SOUTHLAKE TEXAS
g,D� `Pik `VEL N W. FLET I1ER NotaryBEINGAPPROXIMATE-
Public r�,1 LY A 53.113 ACRE TRACT
OF LAND OUT OF THE
STATE OF TEXAS DAMES THORNHILL
t SURVEY, ABSTRACT
4i' .t NO. 1505, MORE COM-
+��� MONLY KNOWN AS THE
�.,OF lt' My Comm.Exp• •30,19S2 CHIMNEY HILL ADDI-
w, TIONANDMORE FULLY
AND COMPLETELY DE-
ett_ /be.)t � �� I SCRIBED IN EXHIBIT
"A" FROM AGRICUL-
CURRENT CURRENT S TRRICTTOS ZONING
COUNT NUMBER
LY 20.0 B RESIDENTIAL
ON RECPT - IZN AC ORDONING ANCE WITH
2/25 ES
THE EXHIBIT AT- CIT57
TACHED HERETO
WITH THE SPECIFIC
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPAR REQUIREMENTS CON- 1.TO ASSIST
TAINED IN THIS ORDI-
A •I a. • T u '• OF • _ u P _ a _ •_ • •.•. :• NANCE CORRECTING EXAS 76199.
THE OFFICIAL ZONING
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH VOL MAP; PRESERVING
jr-- ALL OTHER PORTIONS
OF THE ZONING ORDI-
NANCE;PROVIDING A
SEVERABILITY
ETERMIN-
ADVERTI ING THA`f TTHE PUBLIC
'MT
INTEREST, MORALS :
rort Worth Star-Telegram ANDINMADGENERAL WEL-
FARE DEMAND THE
REMIT TO: P.O. AMENDMENTS ES AND tTH, TEXAS 76199
HEREIN MADE; PRO-
6285052 ACCOUNT CIT57 VIDNALTY
NOT ITO EXCEED THE RECPT
NUMBER SUM OF TWO THOU-
SAND 32000.001 AND A
SEPARATE OFFENSE
SHALL BE DEEMED
PAGE 1 OF COMMITTED UPON
EACH DAY DURING OR
ON WHICH A V IOLATION
OCCURS AND PROVID-
ING AN EFFECTIVE
DATE.
City of Southlake
Sandra L.LeGrand
City Secretary
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 45 . 36
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANI)RA I . [[GRAND
PLEASE WRITE IN AMOUNT ENCLOSED