Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
May 29, 2009
CASE NO: ZA08-091
PROJECT:Zoning Change & Concept Plan for Glosser Addition
REQUEST:
On behalf of T.W. Glosser, Tom Mathews is requesting approval of a zoning change
from “AG” Agricultural District to “SF-1A” Single-Family Residential District and “SF-2”
Single-Family Residential District on approximately 10.1 acres. A concept plan
approval is also being requested consisting of the previously mentioned 10.1 acres and
a lot approximately 7.8 acres in size that is currently zoned “SF-1A” Single-Family
Residential District.
The plan proposes one (1) new residential lot 5.63 acres in area to be zoned “SF-2”
and one (1) existing residential lot 12.31 acres in area to be zoned “SF-1A”. This
existing lot is the property owner’s residence and fronts onto Sleepy Hollow Trail. A
ZA08-110
Preliminary Plat under case is being processed concurrently with the zoning
change and concept plan. This request was amended from the original proposal for
“SF-1A” zoning which proposed four (4) new residential lots.
VARIANCES:
A variance is being requested with this proposal for the requirement of a four (4’) foot
sidewalk on N. Peytonville Avenue and Sleepy Hollow Trail.
st
ACTION NEEDED:
Consider 1 Reading zoning change and concept plan approval request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Memo – Higgins Branch Watershed – Nathan D. Maier, Consulting Engineers
Concept Plan Review Summary No. 3 dated May 11, 2009
(E)
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA 08-091
BACKGROUND INFORMATION
OWNER:
T.W. & Debra Glosser
APPLICANT:
Tom Mathews
PROPERTY SITUATION:
1640 and 1680 N. Peytonville Avenue &
LEGAL DESCRIPTION:
Tracts 3B & 3B1, J.H. Childress Survey, Abstract No. 253 (Lot 7, Block 1,
Cedar Oaks Estates is currently zoned “SF1A” and is included as part of the
concept plan only for the purpose of demonstrating that the west part of Tract
3B & 3B1 is to combined with the existing Lot 7. This is more specifically
addressed on the proposed preliminary plat which is being processed
concurrently with the zoning change and concept plan)
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“AG” Agricultural District and “SF1A” Single-Family Residential District
REQUESTED ZONING:
“SF1A” Single-Family Residential District and “SF2” Single-Family Residential
District
HISTORY:
The area encompassing the zone change area is currently undeveloped and
not platted, the concept plan encompasses an undeveloped tract and platted
lot already with “SF1A” zoning and has an existing home.
In September of 2007, applications were filed with the City under Zone Change
ZA07-091, Preliminary Plat ZA07-092, Concept Plan ZA07-119, and Final Plat
ZA07-120. The proposal was to create 5 residential lots along the northern
10.1 acres; one (1) lot being zoned “RE” Residential Estate and the other four
(4) lots being zoned “SF-1A Single-Family Residential District. A variance
request was also submitted under case ZBA-535 to approve a variance for the
required lot width of 300 feet for the lot zoned “RE” Residential Estate; the
motion to approve failed to pass due to insufficient votes of approval from the
Zoning Board of Adjustment on December 13, 2007. Due to the variance not
receiving the approval needed, the applicant withdrew the zoning and platting
proposals.
SOUTHLAKE 2025 PLAN/
STRATEGIC LINK:
This area is designated as “Low Density Residential” land use category. 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. This category is for
detached single-family residential development at a net density of one or fewer
dwelling units per acre, in that effect this proposed development does meet
this purpose. Other suitable activities are those permitted in the “Public Parks /
Open Space” and “Public / Semi-Public” categories.
Environmental Resource Protection Plan
Although this site does not have any specific tree cover/open space
Environmental Resource Protection Map
preservation areas as shown on the ,
Case No. Attachment A
ZA 08-091 Page 1
there is an abundance of tree coverage encompassing the proposed area to be
Environmental Resource Protection Plan
developed. The recommends the
Environmental Resource
preservation of trees whenever feasible. The
Protection Plan
also recommends to rehabilitate/protect stream corridors in
conjunction with new development, to use the 100-year floodplain as an asset
to development, to allow floodplains, wetlands, and streams to remain in a
natural state and to consider alternative site design, such as clustering, to
protect floodplains.
TRANSPORTATION
ASSESSMENT:Master Thoroughfare Plan
The Master Thoroughfare Plan designates this portion of N. Peytonville Avenue
as a C2U 70’ two lane undivided collector street.
Existing Roadway Network and Conditions
N. Peytonville Avenue is currently a 2 lane undivided collector within a variable
width right-of-way (± 70 feet).
May 2008 traffic counts on N. Peytonville Ave. between W. Dove Rd.
and Turnberry Lane
North Bound South Bound
24hr 2,323 2,444
AM Peak 363170
(7:30AM – 8:30AM) (7:45AM – 8:45AM)
PM Peak 198372
(3:15PM – 4:15PM) (5:15PM – 6:15PM)
PATHWAYS
MASTER PLAN:
Per the Southlake Pathways Plan, an on-Street Bikeway and an <8’ sidewalk
Case No. Attachment A
ZA 08-091 Page 2
on the east side of N. Peytonville Avenue is proposed. Currently, there is no
sidewalk on either side of this portion of N. Peytonville Avenue.
WATER & SEWER:
Water:Lot 1 is currently being served by a 6-inch water line along Sleepy
Hollow Trail and Lot 2 will need to connect to the 12-inch water line along
Peytonville Avenue.
Sewer: The site will be served by an existing 12-inch sewer line that is parallel
and adjacent to the floodplain on the lots.
TREE PRESERVATION:
Lot 2 currently has approximately 85% tree cover. A minimum of 30% tree
coverage is required for this development.
P&Z COMMISSION:
March 5, 2009, Approved (4-0) to table item until the April 9, 2009 Planning &
Zoning Commission meeting at the applicants request.
April 9, 2009, Motion to Approve failed (3-4) to grant the requested variance to
allow Lots 2, 3, 4, and 5 to front on a privately owned and maintained thirty-foot
(30’) common access easement rather than a public street and subject to
Concept Plan Review Summary No. 2 dated February 25, 2009.
May 21, 2009, Motion to Approve passed (6-0) in addition to the requested
variance for the sidewalk requirement along N. Peytonville Avenue and Sleepy
Hollow Trail and subject to Concept Plan Review Summary No. 3 dated May
11, 2009.
CITY COUNCIL:
April 21, 2009, Motion to Remand passed (6-0) back to the Planning and
Zoning Commission due to a change in proposal and alternate zoning request.
STAFF COMMENTS:
Attached is a Concept Plan Review Summary No. 3, dated May 11, 2009.
N:\Community Development\MEMO\2008cases\08-091.doc
Case No. Attachment A
ZA 08-091 Page 3
Case No. Attachment B
ZA 08-091 Page 1
CONCEPT PLAN
Case No. Attachment C
ZA 08-091 Page 1
For Additional Exhibits, please view the
POWERPOINT PRESENTATION
for this item by clicking the above link
Case No. Attachment C
ZA 08-091 Page 2
Follow the link below to view the memo in reference to
HIGGINS BRANCH WATERSHED
from Nathan D. Maier, Consulting Engineers
Case No. Attachment D
ZA 08-091 Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA08-091Three5/11/09
Case No.: Review No.: Date of Review:
Concept Plan– Lots 1and 2, Block 1, Glosser Addition
Project Name:
APPLICANT: Engineer:
Tom Matthews Keith Hamilton
726 Commerce St., Suite 109 Hamilton Duffy PC
Southlake, TX 76092 8241 Mid-Cities Blvd. #100
Phone: (817) 329-6996 North Richland Hills, TX 76180
Fax: (817) 481-4074 Phone: (817) 268-0408
Email: tmatthews@fourpeaksdev.com Fax: (817) 284-8408
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/08/09 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
DENNIS KILLOUGH AT (817) 748-8072 OR DANIEL CORTEZ AT (817) 748-8070.
heightNote whether existing or proposed
1. Show the of all walls, fences, and screening devices. .
2. A Concept Plan shall include all of the following information in graphic representation or written
documents as appropriate:
a. Conceptual representation of proposed use(s) and generalized representation of proposed
improvements.
b. Conceptual representation of points of connection to public rights-of-way.
c. Approximate extent of existing tree cover.
d. Label ALL required Bufferyards as to type and width.
e. Computation of proposed number of dwelling units.
f. Other information the applicant and/or owner might wish to include.
( A variance is being requested
3. A minimum 4’ sidewalk is required along the frontage of all lots.
for this requirement for Lot 1 and Lot 2.)
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. The proposed Concept Plan has been altered since the previous Concept Plan was submitted. Please
submit a revised Tree Conservation Plan showing an estimated house pad location and the trees to be
Case No. Attachment E
ZA 08-091 Page 1
removed in conjunction with the regulations of the Tree Preservation Ordinance. A minimum of 30% of
the existing tree cover is required to be preserved.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site 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.
# Denotes required items.
* Denotes informational comments
Public Works/Engineering Review
Michael James, PE
Civil Engineer
(817) 748-8101
mjames@ci.southlake.tx.us
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.
* 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.
Case No. Attachment E
ZA 08-091 Page 2
Informational Comments:
* All development must comply with the Drainage Ordinance No. 605, as amended.
* All construction or earth disturbance occurring on site must comply with 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.
* Denotes Informational Comment
Case No. Attachment E
ZA 08-091 Page 3
Surrounding Property Owners
Zoning Change & Concept Plan for Glosser Addition
11
SPO # Owner Zoning Land Use Acreage Response
1. NR
Glazier, Dan & Sherri Glazier SF1-A 1.054
Low Density Residential
Low Density Residential,
U
2.
Wheatley, Neil M Etux Diane SF1-A 1.031
100-Year Flood Plain
Low Density Residential,
O
3.
Murphy, Thomas M Etux Karen L SF1-A 1.568
100-Year Flood Plain
Low Density Residential,
O
4.
Nimergood, Ralph J Etux Malora SF1-A 1.558
100-Year Flood Plain
5. NR
Amond, Carl A Etux Barbara M SF1-A 0.996
Low Density Residential
6. NR
Bustamante, Michael J Etux J A SF1-A 1.065
Low Density Residential
7. NR
Smith, Daniel Etux Terri R SF1-A 0.978
Low Density Residential
8. NR
Shuff, Ronald F Etux Janet B SF1-A 1.02
Low Density Residential
9. NR
Karmis, Ioannis Etux Christina SF1-A 1.022
Low Density Residential
10. NR
Chappel, J Randall Etux D'Ann SF1-A 1.042
Low Density Residential
Low Density Residential,
11. NR
Glosser, Truman Etux Debra SF1-A 5.929
100-Year Flood Plain
Low Density Residential,
12. NR
Pennington, Gary Etux Kathryn SF1-A 4.368
100-Year Flood Plain
13. NR
Manning, Michael N SF1-A 1.564
Low Density Residential
F
14.
Demlow, John R Etux Carol G SF1-A 1.033
Low Density Residential
15. NR
Coventry Manor Hoa RPUD 10.792
Low Density Residential
16. NR
Oliver, Darren Etux Melissa SF1-A 0.957
Low Density Residential
17. NR
Kelly, Carol Ann SF1-A 1.014
Low Density Residential
O
18.
Kit, Edward Etux Catherine B SF1-A 0.986
Low Density Residential
19. NR
Maher, Elizabeth Etvir Robert SF1-A 2.487
Low Density Residential
O
20.
Canal, Donald V Etux Marina R SF1-A 1.766
Low Density Residential
Case No. Attachment F
ZA 08-091 Page 1
O
21.
Jackson, Nancy S Etux John W SF1-A 1.495
Low Density Residential
O
22.
Lam, Conner SF1-A 1.526
Low Density Residential
Low Density Residential,
O
23.
Fullmer, Kurt Etux Melinda SF1-A 1.79
100-Year Flood Plain
Low Density Residential,
24. NR
Phillips, G Martin & Shawna S SF1-A 1.387
100-Year Flood Plain
Low Density Residential,
25. NR
Buzzard, Richard A Etux Jean A SF1-A 1.351
100-Year Flood Plain
Low Density Residential,
O
26.
McGaha, Bruce A Etux Teresa G SF1-A 1.236
100-Year Flood Plain
Low Density Residential,
27. NR
Ortiz, Donna SF1-A 1.344
100-Year Flood Plain
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment F
ZA 08-091 Page 2
Surrounding Property Owner Responses
Zoning Change & Concept Plan for Glosser Addition
Initial Notification was sent for the March 5, 2009 public hearing
Notices Sent:
Twenty-Seven (27) - Attached
Responses Received:
Nine (9) – Attached
Re-Notification sent out for the May 21, 2009 public hearing
Notices Sent:
Twenty-Seven (27) - Attached
Responses Received:
Two (2) – Attached
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Initial Notification was sent for the March 5, 2009 public hearing
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Re-Notification sent out for the May 21, 2009 public hearing:
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-582
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 DESCRIBED AS TRACTS 3B & 3B01,
J.H. CHILDRESS SURVEY, ABSTRACT NO. 253, SOUTHLAKE,
TARRANT COUNTY, TEXAS BEING APPROXIMATELY 10.24
ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A”
SINGLE-FAMILY RESIDENTIAL DISTRICT AND “SF-2 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 currently zoned as “AG” Agricultural
Case No. Attachment H
ZA 08-091 Page 1
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
Case No. Attachment H
ZA 08-091 Page 2
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being legally described as Tracts 3B & 3B01, J.H. Childress Survey, Abstract No.
253, Southlake, Tarrant County, Texas being approximately 10.24 acres, and more
fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A”
Single Family Residential District and “SF-2” Single Family Residential District as
depicted on the approved Concept Plan attached hereto and incorporated herein as
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ZA 08-091 Page 3
Exhibit “B,” and subject to the following conditions:
1. Reserved for final City Council motion / 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 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.
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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 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
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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 ____ day of _________, 2009.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment H
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PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2009.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being legally described as Tracts 3B & 3B01, J.H. Childress Survey, Abstract No. 253, Southlake,
Tarrant County, Texas being approximately 10.24 acres, and more fully and completely described
as follows:
Reserved for Metes & Bounds Description
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EXHIBIT “B”
Reserved for approved concept plan.
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