Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
August 12, 2009
CASE NO: ZA09-017
PROJECT: Zoning Change and Site Plan for
Bethel Methodist Church of Southlake
REQUEST:
On behalf of Rodney Maynard of Bethel Methodist Church, Construction Concepts
Corporation is requesting approval of a Zoning Change and Site Plan for a church
encompassing a site of approximately 3.4 acres and consisting of a building footprint
area of approximately 12,677 square feet. The requested Zoning Change is from “SF-
1A” Single-Family Residential District to “SP-1” Site Plan District. The proposed S-P-1
Zoning regulations are proposed to follow the general regulations of the “CS”
Community Service District with the following exceptions:
- Height: A maximum height of Fifty-Two Feet (52’) above the finished floor to
the ridge line of the roof not including steeples will be required.
- Accessory Building : An accessory building shall be a permitted accessory use
as shown on the site plan.
- Fencing: North boundary to be cedar plank on plank 8 feet in height & west
boundary to be 8 feet in height consisting of 6 ft. wood fence on 2 ft. masonry
base, both as shown on the site plan and elevation exhibits.
- Sidewalks: The sidewalk along Jellico Circle will not be installed in attempt to
preserve the trees along the eastern perimeter of the site and slope situation
which would make it difficult to comply with Texas Accessibility Standards.
- Bufferyards: Plantings to be grouped outside of the bufferyard boundaries as
shown on the attached landscape plan to insure preservation of existing trees.
No reduction in plantings.
st
ACTION NEEDED: Consider 1 Reading of Zoning Change and Site Plan approval request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Review Summary No. 2 dated July 13, 2009
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-588
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Dennis Killough (817) 748-8072
Daniel Cortez (817) 748-8070
Case No.
ZA09-017
BACKGROUND INFORMATION
OWNER:
Bethel Methodist Church of Southlake, Rodney Maynard
APPLICANT:
Construction Concepts Corporation, Bill Hood
PROPERTY SITUATION:
180 & 190 Jellico Circle
LEGAL DESCRIPTION:
Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“SF-1A” Single-Family Residential Zoning District
REQUESTED ZONING:
“S-P-1” Site Plan Zoning District
HISTORY:
Currently, a plat showing, to combine the currently separate tracts 2C26
and 2C27 of the J.G. Allen Survey, Abstract No. 18, is being processed in
ZA09-018
conjunction with this request under Planning Case . The plat
showing may be approved administratively but is subject to the approval of
this zoning change application in order to establish the proposed use.
SOUTHLAKE 2025 PLAN:
This site is approximately 3.4-acres
within the 7.2-acre Planning Area B-
Southlake 2025 Plan
6 of the .
Specific issues for this site include:
- Frontage on F.M. 1709.
- Proposed office uses on a
portion of the site (Vermillion
frontage) and to the west.
- Adjacent to low intensity
residential uses
- Significant Tree cover
- Limited potential for low intensity residential development due to
frontage on F.M. 1709.
Area PlanSouthlake 2025 Comprehensive Plan
Although the of the
recommends this site to have a T-1 Transitional Optional Land Use
Consolidated Land Use Plan
designation, the that was adopted in August of
2005 removes this optional land use designation.
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
Master Thoroughfare Plan
The Southlake calls for Southlake Boulevard
(F.M. 1709) to be a multi-lane TXDOT roadway requiring 130 feet of right-of-
way. No additional right-of-way is required to be dedicated by these
Case No. Attachment A
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properties at this time.
Median PlanUrban Design Plan
The element of the City’s designates a
landscaped median along Southlake Boulevard with a break/opening and
traffic signal at the Jellico Circle West intersection. The anticipated start
date for the construction of the medians along Southlake Boulevard (F.M.
1709) will be within the next year.
Existing Area Road Conditions
The proposed site has approximately 390-feet of frontage along Southlake
Boulevard (F.M. 1709), a seven-lane TXDOT roadway with fully improved
curb and gutter. There is also approximately 349-feet of frontage along
Jellico Circle where the property will take access onto.
May 2008 traffic counts on Southlake Boulevard (F.M. 1709) between
Davis Boulevard (F.M. 1938) and Pearson Lane
West Bound East Bound
24hr 20,943 22,758
AM Peak 9942,811
(11:15AM – 12:15AM) (7:15AM – 8:15AM)
PM Peak 2,4761,451
(5:30PM – 6:30PM) (4:45PM – 5:45PM)
Traffic Impact
AM-AM-PM-PM-
Total
IN OUT IN OUT
Weekday
100 7 7 9 6
Total IN OUT
Saturday
107 26 10
Sunday
403 53 50
ENVIRONMENTAL
RESOURCE PROTECTION:
Southlake 2025 Environmental
The
Resource Protection Map
identifies
portions of this property “Tree
Cover/Open Space to be preserved
where appropriate”. The applicant is
proposing to preserve a majority of the
trees around the perimeter of the site
with the exception of a portion of the
western perimeter.
TREE PRESERVATION:
Under the “SP-1” Zoning District there
is no requirement for any amount of
tree preservation. The applicant
however has proposed to be preserve
37% of the trees on site. Typically,
the applicant would be required to
preserve at least 30% of the existing
tree cover which is nearly 100%. To
this extent the proposal does comply.
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PATHWAYS
MASTER PLAN:
This portion of Southlake Boulevard (F.M. 1709) is part of trail segment 26
Trail System Map
(West Southlake Boulevard Pathway) of the of the
Southlake 2025 Plan
. As a part of this a plan there is an 8-foot paved
pathway along the north side of Southlake Boulevard which is already built.
WATER & SEWER:
Water: The site will be served by an existing 8-inch water line at the
southwest corner of the site.
Sewer: This site will be served by an existing 8-inch sewer line which runs
along the western boundary of the property.
DRAINAGE ANALYSIS:
There is a proposed detention pond along the western portion of the site
that will serve for the sites’ storm water runoff.
PLANNING &
ZONING COMMISSION:
August 6, 2009; Denied (5-0).
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 2, dated July 13, 2009.
N:\Community Development\MEMO\2009cases\017 - ZSP - Bethel Methodist Church.doc
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Case No. Attachment B
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Plans and Support Information
Link to Presentation
Case No. Attachment C
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SITE PLAN REVIEW SUMMARY
ZA09-017Two07/13/09
Case No.: Review No.: Date of Review:
Site PlanBethel Methodist Church
Project Name: –
APPLICANT: Owner:
Construction Concepts Corp. Bethel Methodist Church of Southlake
Bill Hood Rodney Maynard
2629 E. Grauwyler Rd., Irving, TX 75061 326 Lakeside Dr., Irving, TX 75062
Phone: (972) 871-8300 Phone: (214) 704-5741
Fax: (972) 579-3311 Fax: (214) 357-2983
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
06/29/09 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
DANIEL CORTEZ AT (817) 748-8070.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
kmartin@ci.southlake.tx.us
(817) 748-8229
LANDSCAPE PLAN COMMENTS:
1. A color Landscape Plan is required to be submitted with the City Council submitted plans.
TREE CONSERVATION COMMENTS:
1. In the General Notes on the submitted Tree Conservation Plan “Note 3” says, “Trees located in the
right-of-way can be removed after city approval of the Tree Conservation Plan.” Please remove this
note from the Tree Conservation Plan. Trees located within the public right-of-way cannot be removed
without the approval of a Tree Removal Permit. The trees must be either dead, diseased, or a utility is
being installed within the right-of-way. Otherwise the trees must be protected from all construction
* The site has approximately 95% of existing tree cover and the west and north boundaries of the
property have existing trees that are recommended to be preserved as shown on the Natural
Resource Map of the 2025 Plan. The applicant is proposing to preserve trees within the enlarged west
and north bufferyards of the development along with other existing trees in the open areas south and
east of the building. Approximately 37% of the existing tree cover is being preserved
* 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.
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* The Tree Conservation Plan is subject to City Council approval for SP-1 Zoning Districts.
Public Works/Engineering Review
Michelle McCullough
Civil Engineer
mmccullough@ci.southlake.tx.us
(817) 748-8274
GENERAL:
*
Please refer to the City’s website for all items required when the civil construction plans are submitted.
A list of items needed for final acceptance on the administrative level is also available.
* The Chief Inspector will provide a handout of all items that are required to be completed in order to
have final walk thru by the City for the civil construction.
* Public Works will not sign off on a building permit until all public utilities have been constructed, tested,
and approved by operations.
EASEMENTS:
1. When Civil plans are submitted please show the 30’ drainage easement on all appropriate sheets.
* Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
WATER COMMENTS:
1. There appears to be a comment of 1-Remote FDC within the fire lane. It appears the FDC has been
moved from the original location. Please delete comment.
* There is an existing 6 inch diameter water line located on the east side of this development. There is
an existing 20 inch water line located on the south side of this development in Southlake Blvd. There
is also an 8 inch existing water line located near the southwest property line of this development.
* The water meters must be located in an easement or right-of-way.
SANITARY SEWER COMMENTS:
* The sewer appears to be private and therefore no comments are required.
DRAINAGE COMMENTS:
1. The City uses a third party consultant to review the detention pond analysis and design. The design
engineer will be required to have a survey completed of the constructed and provide a letter to the City
stating that the pond has sufficient volume and freeboard as designed.
* The site plan refers to the orifices in the wall to function as an outlet control for the proposed detention
pond. This wall will need to be designed by a licensed engineer since it is part of the drainage system.
* 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 south and southwest.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan
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checklist, standard details and general notes which are located on the City’s website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* 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 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 acceptable to Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* A separate bond will be required for the Maintenance Bond and bound only unto the City
of Southlake for a period of two years for all development projects. The Maintenance
Bond cannot be tied to the Performance and Payment Bond in any way.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
Community Service/Parks Department Review
Julie Dove
Parks Supervisor
jdove@ci.southlake.tx.us
(817) 748-8026
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 non-residential park dedication fees in the amount of $2400 per gross acre x 3.04 acres = $7,296.00
Pathway Comments:
No comments
Informational Comments:
* A monument sign is shown on the site plan provided. No review of proposed signs is intended with
this site plan. A separate building permit is required prior to construction of any signs and a review
through Planning will be required.
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and
building plans, must be submitted for approval and all required fees must be paid. This may include
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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
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Surrounding Property Owners
Bethel Methodist Church of Southlake
SPO # Owner Zoning Land Use Acreage Response
1. NR
Property Owner SP2 Medium Density Residential 0.0599
2. NR
Property Owner SP2 Medium Density Residential 2.057
U
3.
Anderson, M L Etux Patricia B SF1-A Low Density Residential 2.136
O
4.
Howard, Julia S SF1-A Low Density Residential 1.937
U
5.
Hall, Jerry SF1-A Low Density Residential 1.816
F
6.
Goodell, William J SF1-A Low Density Residential 2.022
O
7.
Grimes, Dorinda C SF1-A Low Density Residential 2.103
8. NR
Mendez Ltd SF1-A Medium Density Residential 1.116
O
9.
Bridges, John Etux Shelly B SF1-A Low Density Residential 1.01
O
10.
Jenson, Jarod M Etux Myka P SF1-A Low Density Residential 0.996
O
11.
Rodriguez, John P Etux Araceli SF1-A Low Density Residential 1.003
O
12.
Mds Remedies Llc O1 Low Density Residential 1.629
13. NR
Bethel Meth Ch Of Southlake SF1-A Low Density Residential 3.402
14. NR
Horn & Toad Properties AG Medium Density Residential 4.053
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Fourteen (14)
Responses Received Within 200’:
Nine (9) - Attached
Jellico Estates Residential Petition:
Attached
Responses Received Outside 200’:
Six (6) Attached
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Responses Received Within 200’
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Jellico Estates Residential Petition:
One the attached petition:
Residents with in the 200’ buffer: Five (5)
SPO # Owner Submitted Prior
Response
4. O
Howard, Julia S
7. O
Grimes, Dorinda C
9. O
Bridges, John Etux Shelly B
10. O
Jenson, Jarod M Etux Myka P
11. O
Rodriguez, John P Etux Araceli
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Residents outside the 200’ buffer: Twenty-Two (22)
Owner Address Submitted Prior
Response
1. NR
Hunt Whitehead
114 Jellico Circle
2. (signed twice)O
Cara Acker
110 Jellico Circle
3. NR
Mark Corbett
118 Jellico Circle
4. NR
Marc Summey
146 Jellico Circle
5. NR
Dale Puddy
143 Jellico Circle
6. NR
Sharon Nash
115 Vermillion Court
7. NR
E.J. & P.A. Nash
134 Jellico Circle
8. O
Nathan Hiram & Emily Saunders
155 Jellico Circle
9. NR
Glenn August & Jamie Mommens
163 Jellico Circle
10. NR
Nora Parks
145 Jellico Circle
11. O
Monique Schill
162 Jellico Circle
12. O
Andrea J Brankin
139 Jellico Circle
13. NR
Sherien M
152 Jellico Circle
14. NR
Pamela Truhn
144 Jellico Circle
15. O
Julie Stubbs
158 Jellico Circle
16. NR
Debie Douglass
156 Jellico Circle
17. NR
David Visney
137 Jellico Circle
18. O
Linda & Reed Yates
135 Jellico Circle
19. NR
Judy & James Burkley
122 Jellico Circle
20. NR
Teresa L. Campbell
130 Jellico Circle
21. NR
Curtis Powell
126 Jellico Circle
22. NR
Mary Grace Thoennes
119 Jellico Circle
23. NR
Patrick O’Leary
115 Jellico Circle
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Petition Attached Below (4 Pages)
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Responses Received Outside 200’
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-588
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 2C26 AND
2C27, J.G. ALLEN SURVEY, ABSTRACT NO. 18, SOUTHLAKE,
TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.40 ACRES
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
“A” FROM “SF-1A” SINGLE-FAMILY RESIDENTIAL DISTRICT TO
“SP-1” SITE PLAN 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 “SF-1A” Single-Family
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Residential District under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the 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
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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 2C26 and 2C27, J.G. Allen Survey, Abstract No.
18, Southlake, Tarrant County, Texas being approximately 3.40 acres, and more fully
and completely described in Exhibit “A” from “SF-1A” Single-Family Residential
District to “SP-1” Site Plan District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit “B,” and subject to the following
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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.
th
PASSED AND APPROVED on the 1st reading the 18 day of August, 2009.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2009.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being legally described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake,
Tarrant County, Texas being approximately 3.40 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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