0334-050
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 334-50
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 20.84
ACRE TRACT OF LAND OUT OF THE A.A. FREEMAN
SURVEY, ABSTRACT NO. 522 MORE COMMONLY KNOWN AS
SOUTHWIND AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", FROM SF-1 AND
AGRICULTURAL ZONING DISTRICT USES TO RETAIL 2
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 20.84 acre tract of land out of
the A.A. Freeman Survey, Abstract No. 522, more commonly
known as SOUTHWIND, and more fully and completely
described in exhibit "A", from SF-1 and Agricultural
Zoning District uses to Retail-2 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
1989.
PASSED AND APPROVED on the 2nd reading the ( day of
y
1981.
Jo nny W terholm, Mayor
Ci of Southlake
ATTEST:
d .,jP A
F ~ ~ gorier
a dra t: Le rand,
City Secretary S-.
''P'Wdddd/dri8~d3►~1Y®~~ ~~eeeee
APPROVED AS TO FORM:
City Attorney
City of Southla
-4-
s
r'ESCRIPTION FOR ZONING
(PROPOSED R-2)
BEING a tract or parcel of land out of the A.A. Freeman Survey, Abstract No.
522, situated in Tarrant County, Texas, and being more particularly described
by metes and bounds as follows:
Beginning at a bolt for corner in County Road No. 3088 and the north
right-of-way line of F-M highway No. 1709 and being also in the west line of a
certain 139.992 acre tract in the said A.A. Freeman Survey;
THENCE North U degrees 08 minutes 56 seconds West, along said road and along
the west line of said 139.992 acre tract a distance of 540--01/100 feet
to a point for corner;
THENCE Departing said west line and county road North 89 degrees 32 -minutes
East, 81U-00/100 feet to a point for corner;
THENCE South 40 degrees 47 minutes 35 seconds East, 334.47 to a point for
corner;
THENCE North 89 degrees 32 minutes East, 720 feet to a point for corner;
THENCE South 00 degrees 28 minutes East, 385 feet to a point for corner in
said north right-of-way line of FM 1709;
THENCE South 89 degrees 32 minutes West, 1750 teet along the said north
right-of-way line of FM 1709 to the Point of Beginning and containing
20.84 acres of land more or less.
EXHIBIT "A"
x' ~1
Fort Worth Star-Te1e --
400 W.SEVENTH STREET•FORT WORTH TEXAS 76 ��_
DATE DESCRI.
MAR 26 6300237 march 26
THE LST OF TEXAS
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:
CITY OF
*********** SOUTHLAKE,TEXAS
6300237 3/26/89 ORDINANCE NO.334-50
*
AN ORDINANCE AMEND-
ING ORDINANCE NO. 334
* R E C O N C I L THNANCE
OOFE ZING THOEN CITY OOFDISOUTH
* M 0 N T CL008 LAKE ZON NGCHANGE ON AICER
* CALL 390- TAIN TRACT TRACTS OF
LAND WTHINTTHE CITY OF
SOUTHLAKE, TEXAS
* BEINGAPPROXIMATELYA
20.84 ACRE TRACT OF LAND
*********** CUT OF THE A.A.FR EEMAN
I5 SURVEY,ABSTRACT NO.522 _-
Signed 0 MORE COMMONLY KNOWN
AS SOUTHW I ND AND MORE
FULLY AND COMPLETELY
Subscribed and sworn to before me this 3( DAESCFRIOMSFINAEXHIBIT
- R�_
�� CULTURAL ZONING DIS-
°S6"�° hc+�rx"" 1C �, .�tt ZONING DESTRIOCT USES IN -
`'�, RETAIL 2
• Cto ACCORDANCE WITH THE
EXHIBIT ATTACHED Texas.
� 4��YP �, EVELfN Vt�. FLETCi-lEFi j HERETO, WITH THE SPE- i
*ip
Notary Pubito CIFIC CORRECTING OFFI-
STATE OFT CIAL ZONING MAP; PRE-
j • TEXAS j. SERVING ALL OTHER
PORTIONS OF THE ZONING
? rl�ref�}t �� t ORDINANCErPROVIDINGA
Y Comm.EXp•Sep.30 1992 r SEVERABILITY CLAUSE;
DETERMINING THAT THE
«, _ ALSLAND GENERAL WEL-
FARE CHANGES GESND HE ZON-
AND
AMENDMENTS HEREIN
MADE;PROVIDING A PEN-
ALTY NOT TO EXCEED THE
1 SUM OF TWO THOUSAND
CURRENT CURRENT STA ($2000,00)AND ASEPARATE NT NUMBER
OFFENSE SHALL BE
DEEMED COMMITTED 1
ON RECPT 3/26 UPON EACH DAY NG
OR ON WHICH AVIOLATION T57
OCCURS, AND
IVVEPDATEDING
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTM PASSED CAND APPROVED ASSIST
THIS 21 st day of March,1989.
I A _k • u •• k • • R • • k _I PI i • •.•. :•. •- /s/Johnny H.Westerholm 76'I99
Mayor of Southlake
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR F Attest:
/�� /s/Sandra L.LeGrand
City Secretary
Approved as to form:
/s/Allen Taylor
City A ttnrno.
ADVERTISING STATEMENT
Port REMIT TO P O BOX 99074 • FORT WORTH TEXAS 761
6300237 ACCOUNT CIT57 PAYMENT ON RECPT
NUMBER DUE DATE
PAGE 1OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY , 8 . 85
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Tel ,
400 W.SEVENTH STREET•FORT WORTH,TEX/ -�
DATE DES,
MAR 11 6292871 march
THE STATE OF TEXAS
County of Tarrant CIT57
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:
********» 6292871 March 11, 1989 NOTICE OF ,
* - NOTICE IIsB1he HEARING
given to all
Intty
* RE C O N( CL. 008 Council ofrested hepe City of hat
e,
Council of the City of South I ake,
* M( Texas,will be holding a public
hear ipn.gm InNthec hcity council
c chambersof city hal1,667 North
*
CALL 3 Carroll Avenue, Southlake,
* Texas.
Purposeofthehearinalstocon-
********11 skier the second reading on the
following ordinance.
OR
Signed ANDINANCE N .ORDINANCE ;—
AMENDING ORDI-
NANCE NO. 334, THE i
Subscribed and Sworn to before me, this the ZONING ORDINANCE
OFTHECITYOFSOUTH-
LAKE,TEXAS,GRANT- 1909
ING A ZONING CHANGE
i Rublic j/._`- ON A CERTAIN TRACT c 7/�y
l,, OR TRACTS OF LAND
WITHIN THE CITY OF , Texas.
l
e rej4 EVELYN W. FLETCHER BE NGAPPR6XIMATES
�' Notary Public LY A 20.84 ACRE TRACT
`, ? l'C " OF LAND OUT OF THE
¢rSTATE OF TEXAA.A. FREEMAN SUR-
VEY ABSTRACT NO.522
@b 30,199IKNOWNASOUTHWIND�Q`Tfr4 My Comm. AND MOREFULLYAND
COMPLETELY DE-
, SCRIBED IN EXHIBIT
A'• FROM SF-1 AND
` 4"___ AGRICULTURAL ZON-
i ING DISTRICT USES TO
RETAIL 2 ZONING DIS-
CURRENT N.�C/i CURREN DANCUSES
WITH THE EX- 'CCOUNT NUMBER
HIBIT ATTACHED
HERETOL WITH THE
ON RECPT 3/11 CONAID REQUIRE-
MENTS CIT57
RECTINGNTHEEOFFI-
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEP CIAL ZONING MAP; 61.TO ASSIST
PRESERVING ALL
US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS, PLEASE MAIL ALL PAYMENTS TO P.O. : OTHER PORTIONS OF TEXAS 76199.
THE ZONING ORD1-
4� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH Y1 NANCE;PROVIDING A
SEVERABILITY
I IG THAN!THE ETERM PUBLIC C
INTEREST MORALS
AND GENERAL WEL-
ADVERT NIN DEMAND THE GCH _ANGESAND NT
ZO
Fort Worth Star-TelegramAMENDMENTS
HEREIN MADE• PRO-
SUM TEXAS 76199 REMIT TO: , P.O VIDING A PENALTY
NOT TO EXCEED THE
SUM OF TWO THOU-
ACCOUNT SAND ( 2000.00 AND A RECPT
6292871 CIT57 SEPARATE OFFENSE
NUMBER SHALL BE DEEMED
COMMITTED UPON
EACH DAY DURING OR
ON WHICH AVIOLATION
PAGE 1 OF OCCURS AND PROVID-
ING AN EFFECTIVE
DATE.
City of Southlake
Sandra L.LeGrand
CIty Secretary
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 44 . 24
SOUTHLAKE TX 76092 O THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED