PZ Item 10 - 1833 Our LaneCase No.
ZA18-0022
S T A F F R E P O R T
August 3, 2018
CASE NO: ZA18-0022
PROJECT: Zoning Change and Concept Plan fo r 1833 Our Lane
EXECUTIVE
SUMMARY: Heath Peyton is requesting approval of a Zoning Change and Concept Plan on
property described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract
No. 1068, City of Southlake, Tarrant County, Texas and located at 1833, 1847
and 1851 Our Lane, Southlake, TX. The current zoning is “AG” Agriculture
District. The requested zoning is “SF-1A” Single Family Residential District. SPIN
Neighborhood #5.
REQUEST: The subject property is located on Our Lane approximately 525 feet north of the
intersection of Our Lane and Randol Mill Avenue. The applicant is requesting
approval of a Zoning Change and Concept Plan from “AG Agricultural District to “SF-
1A” Single Family Residential District to allow construction of an approximately
11,400 sq. ft. new home on the property. A plat showing for the property is planned
under planning case ZA18-0021.
The applicant is proposing the driveway entrance from Our Lane as a turnaround for
fire and other emergency equipment. City sewer is not available to the property, so
the property is intended to be served by a private septic system that w ill require
approval by the Tarrant County Health Department. There is an existing 8-inch water
line from Randol Mill Avenue to the end of Our Lane that serves properties along
Our Lane. A fire hydrant is located approximately 180 feet south of the properties on
Our Lane.
VARIANCE
REQUESTED: A variance to the Subdivision Ordinance No. 483, Section 8.01(A), which requires
that all residential lots front on a public street, is requested. Our Lane is currently a
private access easement and doesn’t meet the Subdivision Ordinance requirements
in Section 5.04 and 5.05 regarding residential streets. The applicant is requesting a
variance to allow the lot to front on Our Lane as it currently exists and has submitted
a letter agreeing to the conditions that have b een placed on other lots that have
been approved on Our Lane, which are as follows:
a. The applicant acknowledges that the City will not maintain Our Lane and that
it is the responsibility of the property owners to maintain Our Lane to a level
that will allow fire trucks to respond to emergencies.
Department of Planning & Development Services
Case No.
ZA18-0022
Site Data Summary
Existing Zoning “AG”
Proposed Zoning “SF-1A”
Land Use Designation Low Density Residential
Gross/Net Acreage 1.66 acres
Dwelling Units/Residential Lots 1
Gross Density 0.6 du/acre
Net Density 0.6 du/acre
ACTION NEEDED: 1) Conduct Public Hearing
2) Consider Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. 2, dated August 3, 2018
(D) Surrounding Property Owners Map and Resp onses
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480-749
Full Size Plans (for Commission and Council members only )
PowerPoint Presentation
Variance Request and Maintenance Acknowledgment
Comprehensive Plan Review
Plans:
Page 1 Concept Plan
Page 2 Tree Conservation Plan
STAFF CONTACT: Dennis Killough (817) 748-8072
Patty Moos (817) 748-8269
Case No. Attachment A
ZA18-0022 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Heath and Christine Peyton
PROPERTY SITUATION: 1833 (1851 and 1847) Our Lane
LEGAL DESCRIPTION: Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural Zoning District
REQUESTED ZONING: “SF-1A” Single-Family Residential District
HISTORY: The property was annexed into the City in 1987 and given the “AG”
Agricultural zoning designation.
February 17, 2004; City Council approved a zoning change and concept plan
for the property at 1730 Randol Mill Avenue from “AG” Agricultural District to
“SF-20A” Single-Family Residential District. (ZA13-083)
August 1, 2006; City Council approved a zoning change and concept plan for
the properties to the west of the subject property located at 1801 and 1829
Our Lane from “AG” Agricultural District to “SF-1A” Single-Family Residential
District was approved. (ZA06-049)
A plat showing for Lots 5 & 6, W. Martin No.1068 Addition for the properties,
1801, 1815, & 1829 Our Lane, to the west was approved March 19, 2008
and filed April 30, 2008. (ZA08-008)
November 2, 2010; City Council approved a zoning change and concept plan
for the property at 1742 Our Lane from “AG” Agricultural District to “SF-1A”
Single-Family Residential District. (ZA10-053)
A plat showing for Lot 7, W. Martin No. 1068 Addi tion for the property at
1742 Our Lane was approved March 2, 2011 and filed April 7, 2011.
September 11, 2013, the applicant requested to withdraw the plat showing
for the properties located at 1833, 1847 and 1851 Our L ane. (ZA13-044)
September 17, 2013; City Council approved, on consent, a withdrawal
request for a zoning change and concept request from “AG Agricultural
District to “SF-1A” Single Family Residential District for the properties located
at 1833, 1847 and 1851 Our Lane. (ZA13-043)
May 20, 2014; City Council approved a zoning change and concept plan for
the property at 1715 Our Lane from “AG” Agricultural District to “SF -1A”
Single-Family Residential District. (ZA14-033)
A plat showing for Lot 8, W. Martin No. 1068 Addition for the property a t
1715 Our Lane was approved June 13, 2014 and filed March 20, 2015.
Case No. Attachment A
ZA18-0022 Page 1
SOUTHLAKE 2035
PLAN: The underlying land use designation is Low Density Residential. The
request to change the zoning to “SF -1A” Single Family Residential District is
consistent with this land use designation.
PATHWAYS
MASTER PLAN: There is no pathway designation on the Pathway Plan for this property. The
property does not front on a street. A variance is requested to the
Subdivision Ordinance No. 483 requirement that all residential lots must front
on a public street.
WATER & SEWER: This site is currently serviced by an existing 8” water line along Our Lane.
City sewer is not available therefore the property will be served by a private
septic system.
DRAINAGE COMMENTS: Drainage is from east to west on the eastern portion of the lot and from south
to north on the western portion of the lot where the new home is proposed.
A grading plan will be required prior to issuance of a building permit.
TREE PRESERVATION: The proposed tree preservation complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance. There is
82.2% of existing tree cover on the site and a minimum of 30% of the tree
cover is required to be preserved. The applicant is propos ing to preserve
45% of the existing tree cover.
CITIZEN INPUT: A SPIN meeting was not held for this property.
STAFF COMMENTS: The Concept Plan Review Summary No. 2, dated August 3, 2018 is located
in Attachment ‘C’.
Case No. Attachment B
ZA18-0022 Page 1
Case No. Attachment C
ZA13-043 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA18-0022 Review No.: Two Date of Review:3/3/2018
Project Name: Concept Plan for 1833 Our Lane
APPLICANT: Heath Peyton OWNER: Heath and Christine Peyton
810 Pearl Drive 810 Pearl Drive
Southlake, TX 76092 Southlake, TX 76092
Phone: 678-575-1335 Phone: 678-368-2101
Email: mr.hizzle@hotmail.com Email: peyoncm@outlook.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/23/2018 AND WE OFFER THE FOLLOWING
STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY
THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF
MEMBER.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
2. A variance is requested to allow the lot to not front on a public street. Variance Requested
3. The applicant has submitted a letter agreeing to the conditions that have been pla ced on other
lots that have been approved on Our Lane, which are as follows:
a. The applicant acknowledges that the City will not maintain Our Lane and that it is the
responsibility of the property owners to maintain Our Lane to a level that will allow fire
trucks to respond to emergencies.
4. City sewer is not available on this property therefore the property will be served by a private
septic system. The applicant will need to contact the Tarrant County Health Department to
coordinate the installation and approval of the septic system.
__________________________________________________________________________________
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of
the Tree Preservation Ordinance. There is 82.2% of existing tree cover on the site and a minimum of
30% of the tree cover is required to be preserved. The applicant is proposing to preserve 45% of the
existing tree cover.
Case No. Attachment C
ZA13-043 Page 2
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation
Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in
accordance with the percentage requirements established by Table 2.0. If the property has previously
received a tree permit related to development, the percentage of existing tree c over at the time the
first such permit was issued shall be used to calculate the minimum existing tree cover that must be
preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights-of-way as approved by City Council.
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as
approved by the Southlake City Council. Please ensure that the layout of all structures, e asements,
utilities, structures grading, and any other structure proposed to be constructed do not conflict with
existing trees intended to be preserved.
* Indicates informational comment.
# Indicates required items comment.
__________________________________________________________________________________
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Deputy Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Submit grading and drainage plans with Building Permit application prepared by a registered
professional engineer in the State of Texas. Plan shall include 2’ contours and drainage arrows.
Discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance No. 605. Runoff from the dwelling must be shown to discharge into
a drainage easement or right of way.
EASEMENTS:
Detention ponds shall be dedicated by plat as drainage easements.
Case No. Attachment C
ZA13-043 Page 3
DRAINAGE COMMENTS:
1. Submit preliminary drainage plan with drainage arrows and preliminary calculations.
2. Differences between pre - and post- development runoff shall be captured in detention pond.
Proposed detention ponds shall control the discharge of the 1, 5 and 100 - year storm events.
Detention may be required with any new proposed building construction. Describe how increased
runoff from site is being detained. Access easements are needed for maintenance of detention
ponds.
3. Documentation supporting and certifying that detention is not necessary will be required prior to
approval of construction plans.
* Discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the
Public Works Administration Department for review. Please allow 15 business days for review. The
plans shall conform to the most recent construction plan checklist, standard details and general notes
which are located on the City’s website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The
plan must include all required elements in Part III, Section F of the permit. The Environmental
Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP
please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP
shall be submitted by second review of the civil construction plans.
* Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a
registered engineer in the State of Texas. Retaining walls shall require a permit from the Building
Inspections Department prior to construction.
* A right of way permit shall be obtained from th e Public Works Operations Department (817) 748-8082
to connect to the City’s sewer, water or storm sewer system.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
__________________________________________________________________________________
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
An automatic fire sprinkler system shall be installed in all residential structures that exceed 6,000
Case No. Attachment C
ZA13-043 Page 4
square feet, excluding porches and patios. (Square footage not indicated for residence or remote
garage)
A complete set of plans for the fire sprinkler system shall be submitted to Reed Fire Protection,
Green Tag Engineering or Coker Engineering for review and approval. These plans shall be
submitted by a state licensed contractor. The sprinkler system must be visually inspected by the
Fire Marshal’s Office prior to sheet rock being applied. Also, the builder must call for a fire alarm
test and final inspection to obtain a Certificate of Occupancy.
All fire sprinkler systems shall have an audible notification device on the inside and outside of the
structure, with the exterior device capable of being audible to a neighbor or from the public street
fronting the property.
Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter
of all structures on the property if the square footage requirement does not require them to be
sprinkled with an automatic fire sprinkler system, or access provided within 250 feet of all exterior
portions of the perimeter of all structures if they are protected with an automatic fire spri nkler
system. Fire apparatus access needs to be an all -weather surface, asphalt or concrete, a
minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of
85,000 pounds GVW) A vertical clearance of 14 feet must also be p rovided.
The existing dimensions on the plans do not meet the turnaround requirement dimensions. See
attached drawing below for options for the turnaround.
Case No. Attachment C
ZA13-043 Page 5
__________________________________________________________________________________
Case No. Attachment C
ZA13-043 Page 6
General Informational Comments
* All mechanical equipment must be screened of view from right-of-ways and residential properties
in accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as ame nded.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and
building plans, must be submitted for approval and all required fees must be paid. This may include
but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and
Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment D
ZA13-043 Page 1
Surrounding Property Owners
1833 Our Lane
SPO # Owner Zoning Address Acreage Response
1. MEHTA, VIVEK SF1-A 1850 RANDOL MILL AVE 2.50 NR
2. MORENO, HEATHER SF1-A 1860 RANDOL MILL AVE 2.49 NR
3. NDUKWE, VINCENT SF1-A 1870 RANDOL MILL AVE 2.06 NR
4. SEALS, JAMES AG 1812 RANDOL MILL AVE 1.00 NR
5. JOHNSON, SCOTT A AG 1851 OUR LN 0.60 NR
6. JOHNSON, SCOTT A AG 1847 OUR LN 0.54 NR
7. QUINN, ANDREW PRESTON AG 1810 RANDOL MILL AVE 0.91 NR
8. BURGER, GENE AG 1828 OUR LN 0.08 NR
9. SHATLEY, JOSH AG 1734 OUR LN 0.61 NR
10. BREISCH, BRUCE C AG 1728 OUR LN 0.11 NR
11. BREISCH, BRUCE C AG 1728 OUR LN 0.22 NR
12. GALLANT, LARRY J SF1-A 1742 OUR LN 0.95 NR
13. SHATLEY, BETSY AG 1846 OUR LN 0.55 NR
14. BURGESS, DERRELL AG 1790 RANDOL MILL AVE 0.85 NR
15. SHATLEY, BETSY AG 1846 OUR LN 0.48 NR
16. YAMOUT, IMAD SF1-A 1715 OUR LN 1.26 NR
17. JOHNSON, SCOTT A AG 1833 OUR LN 0.57 NR
18. BYLER, JOHN SF1-A 1829 OUR LN 1.46 NR
19. GALLANT, LARRY J SF30 1814 OUR LN 0.79 NR
20. SHATLEY, BETSY AG 1846 OUR LN 0.47 NR
21. Superintendent of Carroll ISD NR
22. Superintendent of Grapevine
Colleyville ISD NR
23. Superintendent of Northwest
Case No. Attachment D
ZA13-043 Page 2
ISD
24. Superintendent of Keller ISD
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 16
Notices Sent: Eighteen (18)
Responses Received within 200’:
Responses Received Outside 200’:
Case No. Attachment E
ZA18-0022 Page 1
Surrounding Property Owners Responses
No responses to date
Case No. Attachment F
ZA18-0022 Page 1
ORDINANCE NO. 480-749
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE 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 LEGALLY DESCRIBED AS TRACTS
2C11, 2C12 AND 2C13, W. MARTIN SURVEY, ABSTRACT NO. 1068,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.663 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY
RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapt er 9
of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District
Case No. Attachment F
ZA18-0022 Page 2
under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; 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 ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewer age, 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, and 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 deman ds them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
Case No. Attachment F
ZA18-0022 Page 3
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, and facilitates the adequate provision
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. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be alte red, changed and
amended as shown and described below:
Being described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No.
1068, City of Southlake, Tarrant County, Texas, being approximately 1.663 acres,
and more fully and completely described in Exhibit “A” from “AG” Agricultural District
to “SF-1A” Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the
Case No. Attachment F
ZA18-0022 Page 4
following conditions:
Council Motion:
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map 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. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are
not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
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 prevent over -crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of 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 5.
Case No. Attachment F
ZA18-0022 Page 5
That 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 severab le 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, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as ame nded, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment F
ZA18-0022 Page 6
ordinance in its entirety on the City website together with a notice setting out the time and place for
a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation o f any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ___ day of _________, 2018.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ___ day of _________, 2018.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment F
ZA18-0022 Page 7
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
ZA18-0022 Page 7
EXHIBIT “A”
Being described as Tracts 2C11, 2C12, and 2C13, W. Martin Survey, Abst ract No. 1068, City of
Southlake, Tarrant County, Texas
Reserved for metes and bounds description
Case No. Attachment F
ZA18-0022 Page 0
EXHIBIT “B”
Reserved for approved concept plan