Item 6BCase No.
ZA19-0003
S T A F F R E P O R T
March 26, 2019
CASE NO: ZA19-0003
PROJECT: Zoning Change and Concept Plan for 2500 Raintree Drive
EXECUTIVE
SUMMARY: The Sage Group, on behalf of the owner, Timothy Cummings, is requesting
approval of a Zoning Change and Concept Plan on property described as Lot 15,
S. Freeman No. 525 Addition, City of Southlake, Tarrant County, Texas, and
located at 2500 Raintree Drive, Southlake, Texas. Current Zoning: “SF -1A” Single
Family Residential District. Proposed Zoning: “RE-5” Single Family Residential
Estate District. SPIN Neighborhood # 4
DETAILS: This property is generally located approximately 1,000 feet east of the intersection
of Shady Lane and Raintree Drive located on the north side of Raintree Drive on
5.24. acres.
The purpose of this item is to seek approval of a zoning change and concept plan
from “SF-1A” Single Family Residential District to “RE-5” Single Family Residential
Estate District which will allow additional area for two accessory buildings, a
covered outdoor kitchen /pergola (approximately 220 sq. ft.), a lounge pad
(approximately 120 sq. ft.), and an approximately 320 square foot porch addition to
the 4,000 square foot barn/building currently under construction. The 9,280 square
foot residence is currently under construction on the property. The current “SF -1A”
district limits the total accessory building area to 4,000 sq. ft. The “RE-5” district
allows a total of all accessory buildings up to 5% of lot area.
Site Data Summary
Existing Zoning SF-1A
Proposed Zoning RE-5
Land Use Designation Low Density Residential
Gross/Net Acreage 5.24/5.24
Dwelling Units/Residential Lots 1
Gross Density/Net Density .191/.191
Opposition has been filed by the property owner to the east which accounts for
23.29% of the surrounding area within 200 ft. which will require a super majority
(6 of 7 members of the City Council) in order to approve the item on the 2 nd
reading.
At their March 19, 2019 meeting, City Council approved the item (6-0) at 1st
reading.
ACTION NEEDED: 1) Conduct a Public Hearing
Case No.
ZA19-0003
2)Consider approval of 2nd reading for a Zoning Change and Concept Plan
ATTACHMENTS: (A)Background Information
(B)Vicinity Map
(C)Concept Plan Review Summary No. 3, dated February 26, 2019
(D)Surrounding Property Owners Map Responses
(E)Surrounding Property Owners Responses
(F)Ordinance No. 480-756
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to Narrative
Link to Plans
Page 1 - Concept Plan
Page 2 - Tree Conservation Plan
Page 3 - 6 Building Details
STAFF CONTACT: Ken Baker (817) 748-8067
Patty Moos (817)748-8269
Case No. Attachment A
ZA19-0003 Page1
BACKGROUND INFORMATION
OWNER: Timothy Cummings
APPLICANT: The Sage Group
PROPERTY SITUATION: 2500 Raintree Drive, Southlake
LEGAL DESCRIPTION: Lot 15, S. Freeman No. 525 Addition, Southlake, Texas
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
PROPOSED ZONING: “RE-5” Single Family Residential Estate District
HISTORY: The “SF-1A” Zoning District was approved with the adoption of the
Zoning Ordinance No 480 and the official Zoning Map on September 19,
1989.
June 6, 2017; a plat showing was filed with the county for the pr operty
Lot 15, S. Freeman No 525 Addition.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is “Low Density
Residential”. 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.
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 Raintree Drive as a residential street.
Case No. Attachment A
ZA19-0003 Page 4
Pathways Master Plan & Sidewalk Plan
The property was platted on June 7, 2017 prior to the adoption of
Ordinance 483-Q by City Council on October 3, 2017 . This change
eliminated the sidewalk exemption of a single lot residential subdivisions
unless sidewalks exist on both sides of the lot or the lot is within 1,500 feet
of a school and on the same side of the street. A sidewalk is not required
for this property.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
Raintree Drive is an existing two-lane residential street with a 50-foot right-
of way.
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development.
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 approximately 57.54% existing tree cover
on the site, of which, approximately 67.41% is proposed to be preserved.
The Tree Preservation Ordinance requires that a minimum 50% of existing
tree cover be preserved.
UTILITIES: There is an existing 8-inch water line and 6-inch sewer line serving the
property along Raintree Drive.
DRAINAGE: The drainage on the property is generally sheet flow from south to north.
CITIZEN INPUT: A SPIN meeting was not held for this project.
PLANNING AND
ZONING COMMISSION: February 21, 2019; Approved (5-0) subject to the Staff Report dated
February 15, 2019 and the Concept Plan Review Summary No. 2 dated
February 15, 2019.
CITY COUNCIL: March 5, 2019; Approved (5-0) on the Consent Agenda to table the item
until the March 19, 2019 City Council meeting.
March 19, 2019; Approved (6-0) at 1st Reading subject to the Staff Report
dated March 12, 2019 and the Concept Plan Review Summary No. 3, dated
February 26, 2019.
STAFF COMMENTS: Attached is Review Summary No. 3, dated February 26, 2019.
Case No. Attachment B
ZA19-0003 Page 1
Case No. Attachment C
ZA19-0003 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA19-0003 Review No.: Three Date of Review: 2/26/19
Project Name: Zoning Change and Concept Plan – 2500 Raintree Drive (Lot 15, Freeman #525
Addition)
APPLICANT: Sage Group OWNER: Timothy Cummings
Curtis Young
1130 N. Carrol Avenue, Ste. 200 4731 Byron Circle
Southlake, TX 76092 Irving, TX 75038
Phone: 817-424-2626 Phone: 214-537-8099
Email: cyoung@sage-dfw.com Email: tcummings@cummingelec.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/4//2019 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
1. All development must comply with the “RE-5 Single family residential Estate District zoning
requirements.
2. The applicant is proposing a minimum 90 ft. front yard building setback to meet the minimum
lot width of 300 ft. required under the “RE-5” district regulations. An amended plat, submitted
to the City and filed with the County reflecting the new setback, is needed.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. Except as provided by subsection 7.2.b. of the Tree Preserv ation 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.
Case No. Attachment C
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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., CFM
Civil Engineer
Phone: (817) 748-8089
E-mail: kferrer@ci.southlake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review of Building Permit.
Engineering department has previously made a comment regarding the location of the proposed
culverts. As the constructed culverts are causing downstream erosion issues, the applicant will need to
mitigate the ongoing issues that is affecting the neighboring property.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and art erials.
DRAINAGE COMMENTS:
1. Limits of 100- year floodplain shall be shown. Double check firm panel and location of the lot’s
boundary.
INFORMATIONAL COMMENTS:
Case No. Attachment C
ZA19-0003 Page 3
* 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.
* NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet.
* 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 perm it 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
Fire Marshal
Phone: (817) 748-8223
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
Public Works Traffic Division
Stephanie Taylor
Transportation Manager
Phone: 817-748-8216
Email: staylor@ci.southlake.tx.us
Case No. Attachment C
ZA19-0003 Page 4
No comments.
General Informational Comments
* 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 r equired 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
ZA19-0003 Page 1
SURROUNDING PROPERTY OWNERS MAP
SPO # Owner Zoning Physical Address Acreage Response
1. ROSENTHAL, RAQUEL SF1-A 2750 RAINTREE 0.11 NR
2. FAHIM, AHMAD ART SF1-A 2460 RAINTREE 0.97 F
3. BASINGER, LARRY SF1-A 2869 RAINFOREST CT 1.04 NR
4. BIGALKE, DAVID SF1-A 2870 RAINFOREST CT 1.09 NR
5. WEDDEL, JAMES M SF1-A 2489 RAINTREE 1.26 F
6. KUNZI, BEVERLY JOAN SF1-A 2479 RAINTREE 1.06 NR
7. BECK, GREGORY SF1-A 2469 RAINTREE DR 0.86 NR
8. FARQUHAR, KAREN L SF1-A 2600 RAINTREE 4.16 O
9. ROSENTHAL, RAQUEL SF1-A 2750 RAINTREE 1.15 NR
10. NOVAKOVIC, ROBERTA SF1-A 2480 RAINTREE 2.48 F
11. U S A SF1-A 845 SHADY LN 14.01 NR
12. CUMMINGS, TIMOTHY SF1-A 2500 RAINTREE DR 5.29 NR
13. Superintendent of Carroll ISD 2400 N Carroll Ave NR
14. Superintendent of Grapevine
Colleyville ISD 3051 Ira E Woods Ave
NR
15. Superintendent of Northwest ISD PO Box 77070 NR
16. Superintendent of Keller ISD 350 Keller Pkwy NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Fifteen (15)
Responses Received within 200’: In Favor:3 Opposed:1 Undecided:0 No Response:11
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SURROUNDING PROPERTY OWNER RESPONSES
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Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-756
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 LOT 15, S. FREEMAN NO. 525 ADDITION, CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING
APPROXIMATELY 5.24 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A”
SINGLE FAMILY RESIDENTIAL DISTRICT TO “RE-5”
RESIDENTIAL ESTATE DISTRICT, AS DEPICTED ON THE
APPROVED SITE 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 currently zoned as “SF-1A” Single
Case No. Attachment F
ZA19-0003 Page 2
Family Residential District 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 pedes trians 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 neighborhoo d; 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 c ontrol 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 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 demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
Case No. Attachment F
ZA19-0003 Page 3
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, 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 la rge, 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 Lot 15, S. Freeman No. 525 Addition, City of Southlake,
Tarrant County, Texas being approximately 5.24 acres, and more fully and
completely described in Exhibit “A” from “SF-1A” Single Family Residential District
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to “RE-5” Residential Estate District as depicted on the approved Site Plan
attached hereto and incorporated herein as Exhibit “B”, and subject to the following
conditions:
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 applicable regulations conta ined 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 h ave 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.
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SECTION 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 severable and that
if the validity of the zoning affecting any p ortion 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 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
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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
of any of its provisions, then the City Secretary shall add itionally 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 _____, 2019.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2019.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as legal description, City of Southlake, Tarrant County, Texas, being
approximately ##.## acres and being more particularly described as follows:
Metes and Bounds Description
Reserved for metes and bounds description
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EXHIBIT “B”
Reserved for approved Site Plan