Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
April 17, 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
and concept plan from “AG” Agricultural District to “SF1A” Single-Family Residential
District for five (5) residential lots on approximately 10.24 acres.
The proposal consists of four (4) new residential lots and one (1) existing residential
lot. Lots 3, 4, and 5 are one (1) acre in size and lot 2 is approximately two (2) acres in
size. Lot 1 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.
VARIANCE
REQUEST:
The applicant is requesting a 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 built to city street standards.
st
ACTION NEEDED:
1. Consider 1 Reading zoning change and site 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. 2 dated February 25, 2009
(E)
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-582
for Commission and Council Members Only
(I) 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, Four Peaks Development, Inc.
PROPERTY SITUATION:
1640 and 1680 N. Peytonville Avenue
LEGAL DESCRIPTION:
Tracts 3B & 3B01, 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
REQUESTED ZONING:
“SF1A” Single-Family Residential District
HISTORY:
The area encompassing the concept plan for the residential lots and zone
change area are currently undeveloped and not platted.
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.
Case No. Attachment A
ZA 08-091 Page 1
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 ,
there is an abundance of tree coverage encompassing the proposed area to be
Environmental Resource Protection Plan
developed. The recommends the
preservation of trees whenever feasible. The applicant’s Tree Conservation
Plan indicates that approximately 63% of the existing tree coverage will be
preserved on lots 2, 3, 4, and 5 to the maximum extent possible. The
Environmental Resource 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
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:The site will be served by a 12-inch water line and will tie in this line
with an 8-inch water line to serve lots 2, 3, 4, and 5.
Sewer: The site will be served by a 12-inch sewer line and will extend an 8-inch
line to the N. Peytonville Right-of-Way.
TREE PRESERVATION:
The site currently has approximately 85% tree cover on lots 2, 3, 4, and 5 and
under the proposed concept plan approximately 63% is to remain. 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.
Case No. Attachment A
ZA 08-091 Page 2
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.
STAFF COMMENTS:
Attached is a Concept Plan Review Summary No. 2, dated February 25, 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 1
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
ZA08-091Two2/25/09
Case No.: Review No.: Date of Review:
Concept Plan– Lots 1- 5, 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
12/10/08 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
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. The following changes are needed regarding lot configurations:
(A Variance is being requested to allow Lots 2, 3, 4, and 5
a) All lots must front on a public street.
to front on a privately owned and maintained thirty-foot (30’) common access easement
rather than a public street built to city street standards.)
3. A minimum 4’ sidewalk is required along the frontage of all lots.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* A Tree Conservation Plan which supports the Concept Plan and the Preliminary Plat was submitted.
According to the information provided on the Tree Conservation Plan the proposed removal of existing
tree cover complies with the regulations of the Tree Preservation Ordinance. There is 85% existing
tree cover on lots 2, 3, 4, 5 and 65% of that existing tree cover is proposed to be preserved. 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%
Case No. Attachment E
ZA 08-091 Page 1
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
GENERAL COMMENTS:
1. Lot 3 will require floodplain development permits prior to the issuance of building permits for new
construction or other development.
EASEMENTS:
1. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’
easement is required if both storm sewer and sanitary sewer will be located within the easement.
WATER COMMENTS:
1. The minimum size for water lines is 8”.
2. Loop waterline if possible.
* For single family residences, hydrants shall be spaced a maximum of 400 linear feet apart for
unsprinklered and 600 linear feet for sprinklered residences.
SANITARY SEWER COMMENTS:
1. Extend the proposed sanitary sewer line to the N. Peytonville right-of-way.
DRAINAGE COMMENTS:
1. Provide base flood elevations for this site.
* Minimum finished floors must be 2 feet above base flood elevation.
* Proposed driveway culverts must be sized by an engineer and submitted for approval to the City
Engineer.
* This property drains into a Critical Drainage Structure #7 and #4 and requires a fee to be paid prior
to beginning construction ($280.91/Acre~ Structure #7) ($307.40/Acre ~ Structure #4).
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
Case No. Attachment E
ZA 08-091 Page 2
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.
Fire Department Review
David C. Barnes
Fire Marshal
(817) 748-8233
GENERAL COMMENTS:
* No general problems noted based on submitted information.
Community Service/Parks Department Review
Peter Kao, P.E.
Construction Manager
(817) 748-8607
pkao@ci.southlake.tx.us
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee
credits. Please contact the Community Services Department at (817) 748-8607 for further details.
Land/park dedication requirements:
Requires residential park dedication fees in the amount of $3000 per lot or dwelling unit x 5 lots= $15,000.00
Pathway Comments:
Should provide 4-5 ft wide concrete sidewalk along N. Peytonville Avenue. Should provide pedestrian
sidewalk access to and from Peytonville sidewalk.
Informational Comments:
Case No. Attachment E
ZA 08-091 Page 3
* 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 4
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,
26. NR
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
Notices Sent:
Twenty-Seven (27) - Attached
Responses Received:
Nine (9) – Attached
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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 “SF1A”
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
District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment H
ZA 08-091 Page 1
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
Case No. Attachment H
ZA 08-091 Page 2
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 as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit “B,” and subject to the following
conditions:
Case No. Attachment H
ZA 08-091 Page 3
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.
SECTION 5.
Case No. Attachment H
ZA 08-091 Page 4
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
Case No. Attachment H
ZA 08-091 Page 5
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
ZA 08-091 Page 6
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:______________________
Case No. Attachment H
ZA 08-091 Page 7
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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