Item 6 1100 Shady OaksCase No.
ZA18-0029
S T A F F R E P O R T
August 31, 2018
CASE NO: ZA18-0029
PROJECT: Zoning Change and Concept Plan for 1100 Shady Oaks Dr.
EXECUTIVE
SUMMARY: Leland Martin is requesting approval of a Zoning Change and Concept Plan for
1100 Shady Oaks Dr. on property described as Tract 8A06, Thomas M. Hood
Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and located at
1100 Shady Oaks Dr., Southlake, Texas. Current Zoning: “AG” Agriculture District.
Proposed Zoning: “SF-20A” Single Family Residential District. SPIN Neighborhood
# 7.
DETAILS: This property is located on the east side of Shady Oaks Dr. approximately 300 feet
south of W. Highland St.
The purpose of this request is to seek approval of a Zoning Change and Concept
Plan from “AG” Agriculture District to “SF-20A” Single Family Residential District. to
allow one new home to be constructed on one residential lot. The existing
unplatted tract is approximately 32,278 square feet. The lot area proposed after
right of way dedication is approximately 29,683 square feet. The minimum lot area
permitted in the “SF-20A” District is 20,000 square feet.
The 2030 Land Use designation on the property is Low Density Reside ntial, which
requires a net density of one or fewer dwelling units per acre. The applicant is
requesting to allow the approximately 29,683 square foot (0.68 acre) lot to be
rezoned to “SF-20A” while retaining the Low Density Residential Land Use
designation since the existing tract is not being further subdivided.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider approval of a Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. 2, dated August 30, 2018
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-751
Half Size Plans (for Commission and Council members only )
PowerPoint Presentation
Plans
SPIN Report
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Department of Planning & Development Services
Case No. Attachment A
ZA18-0029 Page 1
BACKGROUND INFORMATION
OWNER/
APPLICANT: Leland Martin
PROPERTY SITUATION: 1100 Shady Oaks Dr.
LEGAL DESCRIPTION: Tract 8A06, Thomas M. Hood Survey, Abstract No. 706
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
PROPOSED ZONING: “SF-20A” Single Family Residential District
HISTORY: - The property was annexed into the City in 1956 and given the “AG”
Agricultural District zoning designation.
- A single family residence was constructed on the property in 1981
(Source: Building Permit).
- The previous single family residence on the property was demolished in
2016 (Source: Demolition Permit).
- The property owner went before the Zoning Board of Adjustment on May
24, 2018 to request variances to the existing “AG” Agricultural District
zoning regulations to allow a 25’ front building line, a 15’ side building line
on the south boundary, a 30’ rear building line, and a maximum lot
coverage to not exceed 30% of the lot area to construct a new home on the
property. A motion by the Board to deny the requested variances carried by
a vote of (4-1).
SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan
The 2030 future land use designation for the site is “Low Density
Residential”. The request to change the zoning to “SF-20A” Single Family
Residential District is not consistent with this land use designation, but the
applicant is requesting to allow the rezoning to “SF-20A” while retaining the
Low Density Residential designation since the existing tract is not being
further subdivided.
Low Density Residenital:
The purpose of the Low Density Residential land use category is to provide
for and to protect low intensity detached single -family residential
development that promotes the openness and rural character of Southlake.
Definition: The Low Density Residential category is for detached single-
family residential development at a net density of one or fewer dwelling
units per acre. Net density is the number of dwelling units per net acre,
which excludes acreage in all public rights-of-way. Other suitable activities
are those permitted in the Public Parks / Open Space and Public / Semi-
Public categories described previously. The Low Density Residential
category encourages the openness and rural character of the City of
Southlake.
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan shows Shady Oaks Dr. as an undivided two
lane collector with 60’ of right of way. Adequate right of way is shown to be
Case No. Attachment A
ZA18-0029 Page 2
dedicated on the plans.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a priority segment for an eight (8) foot
multi-use trail from Love Henry Ct. to W. Highland St. on the east side of
Shady Oaks Dr. The typical sidewalk requirement with the development of
one single family lot is a five (5) foot sidewalk. Staff recommends that the
property owner escrow the funds for the cost of a five (5) foot sidewalk and
the City will construct the eight (8) foot multi-use trail with the future
improvements to Shady Oaks Dr.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
Shady Oaks Dr. is currently constructed as an approximately 20’ wide two -
lane road with a speed limit of 30 mph.
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development. One
home is proposed to be built on one residential lot.
TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585 -D
since it is being rezoned. The proposed Tree Preservation complies with
the Existing Tree Cover Preservation Requirements of the Tree
Preservation Ordinance. There is 36% of existing tree cover on the property
and a minimum of 60% is required to be preserved. The applicant is
proposing to preserve 73% of the existing tree cover.
UTILITIES: The property is served by a 12” water line in Shady Oaks Dr. The closest
City sewer is to the west in the Shady Oaks Phase 1A subdivision, which
connects to a lift station at the northeast corner of the subdivision. City
sewer must be extended to serve the property or the property will require an
on-site sewage facility (OSSF).
DRAINAGE: The drainage on the property is generally sheet flow from west to east.
CITIZEN INPUT: A SPIN meeting was held on August 14, 2018.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated August 30, 2018.
APPLICABLE
REGULATIONS:
General Development Standards Applies Comments
Overlay Regulations NA Not Applicable
Building Articulation NA Not Applicable
Masonry Standards NA Not Applicable
Impervious Coverage NA Not Applicable
Bufferyards NA Not Applicable
Interior Landscape NA Not Applicable
Tree Preservation Y Complies
Sidewalks Y 5’ sidewalk is required and is shown on the Concept Plan
Case No. Attachment B
ZA18-0029 Page 1
Case No. Attachment C
ZA18-0029 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA18-0029 Review No.: Two Date of Review: 08/30/18
Project Name: Concept Plan – 1100 Shady Oaks Dr.
APPLICANT: Leland Martin OWNER: Same
1100 Shady Oaks Dr.
Southlake, TX 76092
Phone: (817) 881-2751 Phone:
E-mail: lcmartin550@iclouod.com Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/24/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE
CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT RICHARD SCHELL AT (817) 748 -8602.
1. A Plat Showing that complies with the underlying zoning district must be processed, approved and
recorded with the County prior to the issuance of building permits.
2. Please make the following changes to the Concept Plan.
a. Label the distances to the nearest drives in both directions from the proposed drive. The
minimum centerline spacing for residential driveways on a collector street is forty (40) feet.
b. Show and label the future eight (8) foot multi-use trail along Shady Oaks Dr.
3. Please make the following revisions to the Tree Conservation Plan by Kellie Engineering:
a. Add the case number to the plan. (ZA18-0029).
b. Show and label the future eight (8) foot multi-use trail along Shady Oaks Dr.
4. City sanitary sewer service is not currently provided to the site. City Sewer must be extended to
serve the property or the property will require an on -site sewage facility (OSSF). If an OSSF is
proposed, please be aware that a variance must be approved by the Zoning Board of Adjustment
to allow an OSSF on a property less than one acre as required by Zoning Ord. No. 480, as
amended, Section 33.14.
* Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as
amended and the Master Pathways Plan. The Master Pathways Plan shows a priority segment for
an eight (8) foot multi-use trail from Love Henry Ct. to W. Highland St. on the east side of Shady
Oaks Dr. The typical sidewalk requirement with the development of one single family lot is a five
(5) foot sidewalk. Staff recommends that the property owner escrow the funds for the cost of a five
(5) foot sidewalk and the City will construct the eight (8) foot multi -use trail with the future
improvements to Shady Oaks Dr.
* Please be aware the Shady Oaks Dr. is shown on the Master Thoroughfare Plan as an undivided
two lane collector with 60’ of right of way. Any fencing provided along Shady Oaks Dr. must comply
with Zoning Ord. No. 480, as amended, Section 39.5.c.4., Screening and Fencing.
Case No. Attachment C
ZA18-0029 Page 2
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
* The proposed Tree Preservation complies with the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance. There is 36% of existing tree cover on the
property and a minimum of 60% is required to be preserved. The applicant is proposing to
preserve 73% of the existing tree cover.
* 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 cover 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,
easements, 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
Kevin Ferrer, P.E.
Civil Engineer
Phone: (817) 748-8089
E-mail: kferrer@ci.southlake.tx.us
Case No. Attachment C
ZA18-0029 Page 3
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Submit grading and drainage plan 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.
3. Show and label the future 8’ sidewalk on the Concept Plan and Tree Conservation Plan.
4. Dimension the proposed drive. Refer to Driveway Ordinance No. 634 for design criteria.
5. Label the distances to the nearest drives in both directions from the proposed drive.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
* Use the City of Southlake GPS monuments whenever possible. Monument locations can be found
in the City of Southlake website:
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS:
* Detention facilities shall be dedicated by plat as drainage easements. The following note shall be
added to the plat: Compliance with the provisions of the city’s Storm Drainage Policy does not
relieve a person of the responsibility of complying with all other applicable laws, including, but not
limited to, Section 11.086, Texas Water Code.
SANITARY SEWER COMMENTS:
1. Please clarify how the subject tract is planning to address Sanitary Sewer service.
DRAINAGE COMMENTS:
1. Differences between pre- and post- development runoff shall be captured in detention pond(s).
Proposed detention ponds shall control the dis charge of the 1, 10 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.
* Proposed driveway culvert must be sized by an engineer and submitted for approval to the City
Engineer.
* Property drains into a Critical Drainage Structure #08 and requires a fee to be paid prior to
beginning construction ($479.34/Acre).
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
Case No. Attachment C
ZA18-0029 Page 4
* 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 the Public Works Operations Department (817) 748 -
8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer Agreement may be required for this development and may need to be approved by
the City Council prior to any construction of public infrastructure. Construction plans for these
improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on
the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Deputy Fire Chief/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
square feet, excluding porches and patios. (Square footage not indicated for residence)
FIRE ACCESS COMMENTS:
* Provide a Knox KS-2 electronic switch for emergency access to the residence if a controlled
access gate is utilized on the property. Also, provide a means f or manual operation of the gate in
the event of power loss.
* Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter
of the residence if the square footage requirement does not require them to be sprinkled wi th an
automatic fire sprinkler system, or access provided within 250 feet of all exterior portions of the
perimeter of the pool house and residence if they are protected with an automatic fire sprinkler
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 provided.
FIRE HYDRANT COMMENTS:
* All residences must be located within 1000 feet of a fire hydrant, measured as the hose would be
laid, or a hydrant will be required to be added.
Case No. Attachment C
ZA18-0029 Page 5
General Informational Comments
* A SPIN meeting was held on August 14, 2018.
* All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as
amended).
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* 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.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale water
customer contract with the City of Fort Worth, all new water connections are required to pay the
City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final
plat recordation date and building permit issuance. The applicant is encouraged to review the City
of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount.
* Denotes Informational Comment
Case No. Attachment D
ZA18-0029 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1. SCHAU, DAN SF20A 1021 BERKSHIRE RD 0.49 NR
2. STUBBINS THOMAS FENTON SF20A 1013 BERKSHIRE RD 0.49 NR
3. SMITH, ANDREW SF20A 1017 BERKSHIRE RD 0.47 NR
4. ULSH, LAURIE SF20A 1009 BERKSHIRE RD 0.53 NR
5. COVENTRY MANOR HOA RPUD 800 TURNBERRY LN 1.97 NR
6. ALAM, UMME SF20A 700 ROCHESTER LN 0.60 NR
7. MARTIN, LELAND C AG 1100 SHADY OAKS DR 0.77 NR
8. FLEPS, JOHN J AG 603 W HIGHLAND ST 0.95 NR
9. KEMINS, ROBERT A AG 605 W HIGHLAND ST 0.51 NR
10. FLEPS, JOHN J AG 601 W HIGHLAND ST 0.81 NR
11. RUSSELL, ANN AG 1049 SHADY OAKS DR 1.44 NR
12. STROMBERG, WILLIAM AG 1029 SHADY OAKS DR 1.41 NR
13. FLEPS, JOHN J AG 601 W HIGHLAND ST 0.91 NR
14. HMO ASSOC OF SHADY OAKS INC SF20A 600 SHERWOOD DR 0.35 NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Twelve (12)
Responses Received: None (0)
Case No. Attachment E
ZA18-0029 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-751
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 TRACT 8A06, THOMAS M. HOOD SURVEY,
ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 0.741 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM
"AG" AGRICULTURAL DISTRICT TO “SF-20A” 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 Chapter
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 current ly zoned as "AG" Agricultural
District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment E
ZA18-0029 Page 2
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 neigh borhood; 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 area s 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, sewerage, schools, parks and othe r 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 demands them, that the public int erest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
Case No. Attachment E
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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 an d 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 altered,
changed and amended as shown and described below:
Being described as Tract 8A06, Thomas M. Hood Survey, Abstract No. 706, City
of Southlake, Tarrant County, Texas, being approximately 0.741 acres, and more
fully and completely described in Exhibit “A” from "AG" Agricultural District to “SF-
20A” Single Family Residential District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit “B”, and subject to the following
conditions:
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1. List any conditions
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 applicab le 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 th e 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.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Case No. Attachment E
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Texas, affecting zoning and shall not repeal any of the provisions of said ordin ances 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, 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 amended, 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 t his 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
ordinance in its entirety on the City website together with a notice setting out th e time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
Case No. Attachment E
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and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of 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
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
Case No. Attachment E
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA18-0029 Page 8
EXHIBIT “A”
Being described as Tract 8A06, Thomas M. Hood Survey, Abstract No. 706, City of Southlake,
Tarrant County, Texas being approximately 0.741 acres and being more particularly described
as follows:
Metes and Bounds Description
Reserved for metes and bounds description
Case No. Attachment E
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EXHIBIT “B”
Reserved for approved Concept Plan