Item 4H
Department of Planning & Development Services
S T A F F R E P O R T
April 30, 2008
ZA07-137
CASE NO:
Zoning Change and Site Plan for Bosworth Offices
PROJECT:
REQUEST: On behalf of Bosworth Farms II, L.P., Blake Architects is requesting approval
of a zoning change and site plan from “B-1” Business Service Park” District to
“S-P-1” Detailed Site Plan District with “O-1” Office District uses. The plan
proposes the development of four (4) general office buildings totaling 14,153
square feet on approximately 1.55 acres.
The "S-P-1" zoning will follow the "O-1" Office District with regard to permitted
uses and development regulations with the following exceptions:
Building line setbacks shall be fifteen (15) feet with property adjacent for
residential adjacency.
The 4:1 slope requirement for residential adjacency shall be waived.
Parking shall be eight (8) spaces for the first 1,000 square feet and one (1)
car per 300 square feet less 10%.
All lots within this development as a whole will have a maximum of 69%
impervious coverage. Each lot on its own will not be limited to a maximum
of 65% impervious coverage.
Minimum building size will not be less than 2,300 square feet.
Minimum side yard setback shall not be less than ten (10) feet.
Articulation shall be per elevations on plans.
No bufferyards are required between interior lot lines.
The following variance is being requested:
Driveway stacking – The minimum driveway stacking depth required is 75 feet.
Case No.
ZA07-137
The applicant is requesting a stacking depth of ±43 feet. (Driveway Ord. No.
634, Section 5.1)
Consider approval of first reading for a zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information (Link to PowerPoint Presentation)
(D) “S-P-1” and Variance letters
Site Plan Review Summary No. 5, dated April 21, 2008
(E)
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-556
(I) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (748-8602)
Case No.
ZA07-137
BACKGROUND INFORMATION
OWNER: Bosworth Farms II, L.P
APPLICANT: Blake Architects
PROPERTY SITUATION: 1900 E. State Highway 114
LEGAL DESCRIPTION: Lot 2R, Brewer Industrial Addition
LAND USE CATEGORY: Mixed Use
CURRENT ZONING: “B-1” Business Service Park
REQUESTED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: No development activity has occurred on this site.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends East State Highway 114
to have 300-feet to 500-feet of right-of-way. Adequate right-of-way
exists for this road.
Existing Area Road Network and Conditions
The four (4) proposed lots will access E. State Highway 114 by way of
common access easements connected to two (2) existing drives that
currently serve the adjacent properties to the east and west.
East State Highway 114 is a six lane, limited access highway with three
lane frontage roads on either side.
May, 2007 traffic counts on E. SH 114 service roads (between N. Kimball
& N. Carroll Blvd.
45121914
East Bound 24 hr.() West Bound 24 hr. ()
East Bound Peak A.M. West Bound Peak A.M.
416133
() 11:15 – 12:15 a.m. () 11:15 – 12:15 a.m.
East Bound Peak P.M. West Bound Peak P.M.
461)206
( 6:15 – 7:15 p.m. () 4:45 – 5:45 p.m.
Case No. Attachment A
ZA07-137 Page 1
Traffic Impact
Use Sq. Ft. Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
General Office 14,153 156 19 3 4 18
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on E. State Highway 114.
PATHWAYS
MASTER PLAN: The Southlake Pathways Master Plan shows a minimum 8-10 foot
multi-use trail proposed on the north side of the E. State Highway 114
frontage road. A 10 foot trail is shown on the site plan.
WATER & SEWER: A 12-inch water line exists along the north side of E. State Highway
114. An 8-inch sanitary sewer line extends along the eastern property
line to serve the existing property to the east. The 8-inch sanitary
sewer line also extends across the northwest corner of the site to serve
the property to the west.
DRAINAGE ANALYSIS: Drainage on the site is sheet flow to existing developed parking to the
north with no underground piping. All drainage continues northwest to
an existing channel constructed for this development.
TREE PRESERVATION: All trees will be removed from the property except for an 8” hackberry
at the southeast corner of the property.
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The land use designation is Office Commercial and the proposed
development is consistent with this designation.
Southlake Pathways Plan Recommendations
The required ten (10) foot multi-use trail along E. State Highway 114 is
shown on the plan.
P&Z ACTION: April 17, 2008; Approved (6-0) subject to Revised Site Plan Review
Summary No. 4, dated April 1, 2008; granting the requested variance
to driveway stacking.
STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 5, April 21, 2008.
N:\Community Development\MEMO\2007cases\07-087ZSP.doc
Case No. Attachment A
ZA07-137 Page 2
Vicinity Map
Bosworth Offices
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Case No. Attachment B
ZA07-137 Page 1
Link to PowerPoint Presentation
Case No. Attachment C
ZA07-137 Page 1
“S-P-1” Letter
Case No. Attachment D
ZA07-137 Page 1
Variance Letter
Case No. Attachment D
ZA07-137 Page 2
SITE PLAN REVIEW SUMMARY
ZA07-137Five4/21/08
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Bosworth Offices
APPLICANT: Bosworth Farms II, LP ARCHITECT: Blake Architects
Marcel Bosworth Skip Blake
1207 S. White Chapel, Suite 200 1202 S. White Chapel Blvd, Suite A
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 410-7450 Phone: (817) 488-9397
Fax: Fax: (817) 251-3205
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/21/08 AND
ACCEPTED FOR REVIEW ON 4/21/08 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 RICHARD SCHELL AT (817)
748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
Submittal Comments
1.Provide a color Landscape Plan with color-coded plant types meeting the requirements of Ordinance
No. 544-A, as amended.
2.Provide a reciprocal parking and access agreement which addresses cross access, joint use of parking
and maintenance of fire lanes and parking spaces to be shared between the lots within the subdivision.
Prior to receiving a building permit, a copy of the county filed agreement must be received by the
City. The applicant may also wish to consider including provisions for landscaping, common areas,
Please submit the agreement to the Planning and Development
trash enclosure use and maintenance.
Services Department as soon as possible for review by the City Attorney.
3.Revised elevations were submitted April 21, 2008. The previously submitted north elevation for
Building A showed a drive-thru window for a bank. The plans for the bank fell through. The revised
elevation shows an entrance on the north side of Building A as indicated on the site plan.
Site Plan Comments
4.Building ‘D’ encroaches into the area above a 4:1 slope from residential property line required for
buildings within the Residential Adjacency Overlay (see Exhibit 43-E attached and Ord. 480, Section
43.13.a.8). Staff measures a distance of ± 84’ from the highest peak of the building on the north
elevation and a distance of ±94’ from the highest peak on the east elevation to the “SF1-A” property
line. Adding the 3’ of elevation change between the “SF1-A” property and Building ‘D’ (per the
Case No. Attachment E
ZA07-137 Page 1
. A request for a
grading plan), the building would have to be 32’ x 4 = 128’ from the property line
waiver is included in the “S-P-1” letter.
A
5.Provide the minimum stacking depth of 75 feet for this site. The stacking depth shown is 43’ 8”.
separate variance request letter was submitted with justifications.
INFORMATIONAL COMMENTS
We recommend contacting the SPIN Representative for this district to receive their opinion on whether
*
a SPIN meeting would be beneficial to your application. The SPIN 6 District Representative is Lou
Hillman and he can be contacted at (817) 247-3392.For more information about SPIN and the SPIN
A SPIN meeting has been scheduled for April 28, 2008
process please go to SouthlakeSPIN.org. .
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed and
stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* No review of proposed signs is intended with this site plan. A separate building permit is required prior to
construction of any signs.
65
* It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require
construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No.
479.
* The applicant should be aware that prior to issuance of a building permit a Plat Revision 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.
* A letter of permission from the adjacent property owner(s) on the east must be obtained prior to issuance of a
building permit for the construction of the off-site pavement.
Case No. Attachment E
ZA 07-137Page 2
Public Works – Engineering
WATER AND SANITARY SEWER COMMENTS:
1.The minimum size for water lines is 8”.
2.The minimum size for sewer lines is 8”.
Case No. Attachment E
ZA07-137 Page 3
DRAINAGE COMMENTS:
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to
beginning construction.
* The drainage from this development is generally to the north.
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan
Checklist directly to the Public Works Administration Department 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.
* An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM
1938 or SH 114. Submit application and plans directly to TxDOT for review.
* A ROW 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’s 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 approved by Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
*=Denotes informational comment.
TREE CONSERVATION COMMENTS:
1. All trees will be removed from the property except for an 8” hackberry at the southeast corner of the
property.
* 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.
Case No. Attachment E
ZA07-137 Page 4
BUFFERYARDS & INTERIOR LANDSCAPE:
1. Since the property is proposed to be plated into four (4) separate lots, separate interior landscaping is
required for each building and lot. Please break down the interior landscape calculations by lot and
provide the information within the Interior Landscape and Bufferyards Summary Charts. If extra room
is needed an extra page can be used to provide the necessary required calculations.
2. Lot 1 looks like it may not have enough interior landscape area provided to meet the interior landscape
area requirements of Ordinance 544-A. Please provide interior landscape area calculations as
mentioned above.
3. The Bufferyards Summary Chart calculations on the Site Plan and the Landscape Plan do not match.
The number of canopy trees is different. Please correct the summary charts so that the calculations
match.
4. Bufferyards are required to be provided along all interior property lines. The applicant is requesting an
S-P-1 Zoning with no bufferyards between the individual lot lines within the development.
Southlake 2025 – Comprehensive Plan
Consolidated Land Use Plan Recommendations
The land use designation is Office Commercial and the proposed development is consistent with
this designation.
Southlake Pathways Plan Recommendations
The required 10 foot multi-use trail along SH 114 is shown on the plan.
Case No. Attachment E
ZA07-137 Page 5
Surrounding Property Owners
Bosworth Offices
SPO Owner Zoning Land Use Acreage
#
1.
Briarwood Townhomes LP
MF1 Mixed Use 0.54
2. Mixed Use
Briarwood Townhomes LP
MF1 0.57
3. Mixed Use
Agtcth Ltd
B1 2.43
4. Mixed Use
Bosworth Farms II Lp
B1 1.47
5. Mixed Use
Driggers, Randall D Etux Debor
SF1-A 1.06
6. Office Commercial
Mc Properties Inc
C2 1.14
7. Mixed Use
Greenway-Berk Partners, Lp
AG 7.84
Case No. Attachment F
ZA07-137 Page 1
Surrounding Property Owner Responses
Notices Sent: Seven (7).
Responses Received: None (1).
Mc Properties Inc.,
1940 E. Northwest Pkwy., Ste. 150,
Notification
Submitted a
Undecided
Response Form
stating on April 16, 2008 (attached).
Case No. Attachment G
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Case No. Attachment G
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-556
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 2R,
BREWER INDUSTRIAL ADDITION, BEING APPROXIMATELY 1.55
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM“B-1” BUSINESS SERVICE PARK” DISTRICT
TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE
DISTRICT USES, 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 “B-1” Business Service Park
Case No. Attachment H
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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 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,
Case No. Attachment H
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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 altered, changed and amended as shown and described
below:
Being legally described as Lot 2R, Brewer Industrial Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 9573,
Plat Records, Tarrant County, Texas, being approximately 1.55 acres, and more fully and
completely described in Exhibit “A” from “B-1” Business Service Park” District to “S-P-1”
Detailed Site Plan District with “O-1” Office District uses as depicted on the approved Site
Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following
conditions:
Case No. Attachment H
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Approved subject to Revised Site Plan Review Summary No. 4, dated April 1, 2008; granting
the requested variance to driveway stacking.
1.
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.
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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.
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
Case No. Attachment H
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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 _________, 2008.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
Case No. Attachment H
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment H
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EXHIBIT “A”
Being legally described as Lot 2R, Brewer Industrial Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plats recorded in Cabinet A, Slide 9573, Plat Records, Tarrant County, Texas,
being approximately 1.55 acres.
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EXHIBIT “B”
Site Plan
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“S-P-1” Letter
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Variance Letter
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