480-535
OFFICIAL
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-535
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 LOTS 12, 13, & 14, O.W.
KNIGHT, NO. 899 ADDITION, BEING APPROXIMATELY 6.14
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED
SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE
PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO
INCLUDE `RETAIL NURSERY' AS A PERMITTED USE ON
PROPOSED LOT 12R, 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
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plan; and
WHEREAS, the hereinafter described property is currently zoned as "S-P-2"
Generalized Site Plan 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
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, 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
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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 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 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:
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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 Lots 12, 13, & 14, O.W. Knight, No. 899 Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet B, Slide 2621, Plat Records, Tarrant County, Texas, and being
approximately 6.14 acres, and more fully and completely described in Exhibit
"A" from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site
Plan District with "0-1" Office District Uses to include 'retail nursery' as a
permitted use on proposed Lot 12R as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit "B", and subject to
the following specific conditions:
1. approving requested variances;
2. adding that the applicant agrees to access from Southlake Blvd for
construction traffic;
3. storage of bagged goods (not for sales display) will be in the southwest
corner of the nursery yard and will not exceed the screening wall height;
4. bagged goods displayed for sale will not exceed what is needed for daily
sales;
5. subject to the representations made by the applicant this evening;
6. noting that the stone on the building and on the columns on the fence will
be similar to what is shown in the photo;
7. noting applicant's agreement that the area shown on the southern end of
the property will have no storage, no earthwork, no tree -removal and will
only be passive uses;
8. applicant has indicated the front area will be for decorations and will not
have sale items;
9. specifically granting the variance for driveway spacing;
10. noting that no bagged goods will be visible from the roadway;
11. requiring that all of the pergolas will be as shown on pergola #2 this
evening being: 54 posts with covered cedar, 18 metal posts painted to
match the cedar posts, the four corners of each pergola will be stacked
stone with the other exterior posts being stacked stone at the base and
as shown on the picture with cedar-cased metal posts above;
12. requiring the shed posts in the back to be painted; and
13. subject to Site Plan Review Summary No. 3, dated November 14, 2007.
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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.
Y 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 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 this
ordinance but may be prosecuted until final disposition by the courts.
1 SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least fifteen (15) days before the second reading
of this ordinance, and if 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 6th day of November, 2007.
MAYOR
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PASSED AND APPROVED on the 2nd reading the 20th day of November, 200
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APPROVED A TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: 7 /1 1 /4
ADOPTED:
EFFECTIVE: //-~3 DT
EXHIBIT "A"
Lots 12, 13, & 14, O.W. Knight, No. 899 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 2621, Plat
Records, Tarrant County, Texas, and being approximately 6.14 acres
EXHIBIT "B"
Narrative
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tiugusf 27, 2002
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C ~Y9
NURSERY
City of SouthlAe Planning Department.
1400 Main-Street'
Southlake, Texas 76092,:
Re:: Proposed: Calloway's Nursery:
Southwest Corner,of Southlake Boulevard and. Parkwood Drive
To -Whom it I&Y'C.dficem
Calloways Nursery respectfully-requests a change to the zoning of the referenced
propertyto.allow, the construction and operation of a Calloway's Nursery on the front,
three: acres of the site.
Calloway's-Nursery is proposing.to develop the.property'.under S-i' 2 zoning, affording:
the city. close control over the initial developmentrof'the property arid. of any future uses
oft e property
Under :this proposal; the front half, of the property wili be SP2-C2 to allow the use of that
area as:A retail, nursery,. The rear half of the property will- retain its current SP2=01
zoning.
It is CallowWs intention to' develop on the front half of the property a unique retail
nurseryselling a: wide variety of flowers, trees and shrubs;'together with the soil
amendments containers;and related items necessary for the gardeners of°Southlake to
develop and-maintain unique, beautiful` landscapes to, accent their homes.
The rear half'of:the property is:proposed to be a=single 'story office b0ilding:to be.
developed sometime in i.he:future.
4200 AIRPORT FREEWAY FORT WORTH, TEXAS 76117-6200,• 817-222-1:122,- FAX 817;302-0031
Other components of the proposal are an. access drive from Wlute'.s1Chapel Methodist
Church parking lot toTarkwood Drive, and a Preservation Area protecting the rear 225
feet ofthe p~opertyfrom future development.
.If;you require any further information. not shoNVn oil the accompanying plans, please do'
not hesitate to call.
S~incer
ro cosby
V' eTresident'
Enclosures: Elevations of proposed building and entry?
T A 01 , . 10'8' AUG, 21 2007
Land Use Letter
October 8, tO07 - a
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N:QRSI -RY
City of'Southlake Plannrng:nepartniertt:
1400 Main Street
Southlake, Texas; 76092..
Re , Proposed Galloway's Nursery with incirrrent Land Use Desigr i6iiatthe
Southwest Corner of .Southiake Boutevard';and Parlcwood Dave:
To Whom It May Concern:
Galloway's Nursery respectfully requests tliat;You.co nsidef atlowing;lrm1ied:retarlwrthin
the current Land..USe Designatiomon the front approximately;tl we acres of<the six`acre;
tract:located:attlie souibwest conier,of Southlake Boulevard and Parkwood'drive,
The"propertyis curreritiy designated'to be office use.: We are askingto be allowed `to
develop a Galloway's Nurse "ry" an the ;approximatelytluee acresnearest Southlake
Boulevard:-.
Galloway's Nursery is proposing to develop the propertyunder S-P=2 zoning, affording
the°City close control `over the initial:development of'the property and of any future' u .es
of the 0roperty.,
The rear llalfof the':property is proposed•to;be a single story office;building'to, be
developed sometime in the faure.
lr `'order to shield the:xesidences Aacent'to the rear property from the proposed
disturbance and tree preserdation area of
ii.
development ;we are proposing a n6
approximately 55,000 square feet on the southernmost portion Of the, property-This area;
contains approximately 75 trees-
This plan further cor terriplatm saving 1,1,0 of :the' 126 mes on the site. The total of the
saved-trees its .149.6 calipef inches.
'
4200 AIRPORT FREEWAY- ,FORT-WORTH, TEXAS 761 f7-6200 ,817=222,1122':* FAX 817.302,0031,
We 'have also agreed to provide an, access ,drive from White's; Chapel Methodist Church-
parking 1ot to Parkwood Drive.
The approximately three acres proposed to be-developed as a nursery-is bounded to the
wesi by offce'.buildings; It is,bounded to the',east by Parkwood Drivewhich separates*
our proposed:devel'OP ppt from a drive-in;banking facility (under construction), it is:
bounded toahe south`by the proposed office use and non-disfurbance areas.,
We believe that we are proposing a use.that is'reasonably compatible with the area; saves
many existing-:trees, provides: needed cross access for a nei.glibor (White's;C hapel
Methodist Church);, and-will provide the homeowners of"Southlake with. a fun=and
rnterestmg piace to shop-Tor a widevariety of:colorful plants for their yards: and gardens
Thank you. for: your:consideration of:our request. if you,rec(uire any further. information,
please do not h, esitate:to call,
Sincerelj y
Jo Cosby
V' e'Rresident
F
1 C:-fin, iJ r• pit' RCVD
"S-P-2" Letter
i
September 17, 2007 s
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City of Southlake Planning Department
1400 Main Street C..,i~LOWAYS
Southlake, Texas 76092
NURSERY
Calloway's Nursery
Proposed Permitted Uses and Development Regulations for S-P-2 Zoning
Permitted Uses
This property shall be limited to the permitted uses found in the "O-l" Office
District as described in Section I Sof the Comprehensive Zoning Ordinance No. 480, as
amended, to include "retail nursery" as a permitted.use on proposed Lot 12R.
Development Regulations
This property shall be subject to the development regulations for the "0-1" Office
District, and all other applicable regulations with the following exceptions;
o The maximum impervious coverage shall. not exceed 70 percent of the total lot
area for proposed Lot 12R.
s The total required parking for proposed Lot 12R shall be 135 spaces.
o The natural tree cover shall be permitted in lieu of the required 8 ft. screening
device adjacent to single family residential property for proposed Lot 13R.
J "
ohn osby, Vice P esident
ZA07-108
4200 AIRPORT FREEWAY, FORT WORTH, TEXAS 76117-6200 817-222-1122 • FAX 817-302-0031
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INVOICE
Draftonly
Sty".r-Te'_egram
Customer ID:
CIT57
400 W. 7TH STREET
R E,7
E IV I-- D
Invoice Number:
291471011
FORT WORTH, TX 76102
Invoice Date:
11/24/07
(817) 390-7761
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
Due Date:
11/30/07
Bill To: ®�
I� � i N SECRETARY
PO Number:
no po
CITY OF SOUTHLAKE
Order Number:
29147101
1400 MAIN ST
STE 440
Sales Rep:
005
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
11/24/07
Attn Attn: ACCOUNTS PAYABLE
i Pescription
Location Cot Depth
Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 115
115 LINE
$0.81 $93.15
Sales Discount
($5.00)
Mise Fee
$5.00
Net Amount:
$93.15
H C - 6 �007
`
ieSr;1Y ,
CHRISTY L. HOL►�`NC
MY CO MI PIRES
*, i
NY0\1 ,
J uly31 200g
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in th bove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501 — , n A
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday,
Notary Pu
444(,
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 291471011
Invoice Amount: $93.15
PO Number: no po
Amount Enclosed: $
Legal Notices
Y
I
D
G
& 14,
NO.
Any person, firm or
corporation who vi-
olates, 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 eeeFi
offense. Each day - -
that a violation is
permitted to e�ist
shall constitute a
separate offense.
PASSED' AND AP-
PROVED THIS THE "
20th DAY OF NO-
VEMBER, 2007,
DURING THE REG-
ULAR CITY COUNCIL
MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
INVOICE FA, MI-
R •Sta -Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 290690181
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 11/2/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/07
Bill To: PO Number: no po
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST Order Number: 29069018
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 11/2/07
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he 13580 1 129 129 LINE $0.81 $104.49
Sales Discount ($5.00)
Misc Fee $5.00
Net Amount: $104.49
NO V 2 8 v07
py
,e�,�.'y ; CHRItYLH01.LAND
#• MY COMMISSION EXPIRES
"+,4. ,o Juy 31,2008
THE STATE OF TEXAS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in t above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signe ,0' C \\
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, N.ve `/_,06,2007. lo,- •/ 1"(c)
Notary Public /'iL'L /
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 290690181
Invoice Amount: $104.49
PO Number: no po
Amount Enclosed: $ I
N.
CITY
OF SOUTHLAKE
Notice is hereby given
by the City Council Legal Notices
of the City of
Southlake, Texas, AND INCORPORAT-
that a public hearing ED HEREIN AS EX-
will be held on No- .HIBIT"B",SUBJECT
vember 20, 2007, at TO THE SPECIFIC
5:00 p.m. or imme- REQUIREMENTS
diately following the! CONTAINED IN THIS
Work Session, dur- ORDINANCE; COR-
ing the Regular City RECTING THE OFFI-
Council meeting to CIAL ZONING MAP;
be held in the City PRESERVING ALL
Council Chambers of OTHER PORTIONS
Town Hall, 1400! OF THE ZONING
Main Street, South-I ORDINANCE; DE-
lake,Texas. Purpose TERMINING THAT
of the public hearing THE PUBLIC INTER-
is to consider the. EST, MORALS AND
second reading of GENERAL WELFARE
the following ordi- DEMAND THE ZON-
nance: ING CHANGES AND
ORDINANCE AMENDMENTS
NO. 480-535 HEREIN MADE;
AN ORDINANCE PROVIDING THAT
AMENDING ORDI- THIS ORDINANCE
NANCE NO. 480, AS SHALL BE CUMU-
AMENDED, THE LATIVE OF ALL
COMPREHENSIVE ORDINANCES; PRO-
ZONING ORDI- VIDING A SEVER-
NANCE OF THE CITY ABILITY CLAUSE;
OF SOUTHLAKE, PROVIDING FOR A
TEXAS; GRANTING PENALTY FOR V10-
A ZONING CHANGE LATIONS HEREOF;
ON A CERTAIN PROVIDING A SAV-
TRACT OR TRACTS INGS CLAUSE;
OF LAND WITHIN PROVIDING FOR
THE CITY OF PUBLICATION IN
SOUTHLAKE, TEX- THE OFFICIAL
AS BEING LEGALLY NEWSPAPER; AND
DESCRIBED AS PROVIDING AN EF-
LOTS 12, 13, & 14, FECTIVE DATE.
O.W. KNIGHT, NO. SECTION 7.
899 ADDITION BE- Any person, firm or
ING APPI`ZOXI- corporation who vi-
MATELY 6.14 olates, disobeys,
ACRES, AND MORE omits, neglects or
FULLY AND COM- refuses to comply
PLETELY DE- with or who resists
SCRIBED IN EXHIBIT the enforcement of
"A" FROM 5-P-2" any of the provisions
GENERALIZED SITE of this ordinance /----------------------------""‘—;:r1:10
\ly
PLAN DISTRICT TO shall be ined noto / ey
}
5-P-2" GENERAL- more than Two
IZED SITE PLAN Thousand Dollars
DISTRICT WITH "O- ($2,000.00) for each -4-:47
1"OFFICE DISTRICT offense. Each day '/
USES TO INCLUDE that a violation is ��ra'RETAIL NURSERY' permitted to exist (/ IAS A PERMITTED shall constitute a USE ON PROPOSED separate offense. •
LOT 12R, AS DE- City of Southlake `�
PICTED ON THE Lori Payne ----_____
APPROVED CON- City Secretary
CEPT PLAN AT-
TACHED HERETO '