Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
August 12, 2009
CASE NO: ZA09-032
PROJECT: Zoning Change and Site Plan for Carroll ISD Middle School
REQUEST:
On behalf of Carroll Independent School District, Hart, Gaugler and Associates, Inc. is
requesting approval of a zoning change and site plan for a new middle school on
property located between N. Kimball and N. Carroll Avenues and north of the Kirkwood
Blvd. extension and south of E. Highland. An approximately 200,000 square middle
school two story building is proposed. A football stadium with a track and two tennis
courts are proposed in the southeast portion of the campus. Sports lighting is also
proposed for both of these facilities. The proposed S-P-1 zoning will follow the “CS”
community Service District uses and regulations with the following exceptions:
Height: The building is not to exceed 2 ½ stories nor 50 feet in height; Tennis Court
fencing shall not exceed 12 feet in height; Tennis Court light poles shall not exceed 50
feet; Athletic filed light poles shall not exceed 80 feet in height.
Façade Articulation: Shall be in accordance with the attached site plan and elevations;
Off-street Loading: A minimum of two off-street loading spaces are required, 1 – 10’ x
50’ and 1 – 10’ x 25’ minimum.
VARIANCES
REQUESTED:
1) Athletic Field and Tennis Court Lighting –
Type of lighting proposed is metal halide type (white light), (type
permitted – high pressure sodium, brown tented light;)
Maximum light intensity proposed not to exceed ± 60 foot candles
(max. permitted 20 ft candles),
Maximum vertical spill-over lighting proposed not to exceed ± 0.7 ft.
candles along residential and agricultural property lines (max. 0.5
permitted). The maximum horizontal spill-over along residential and
agricultural property lines (0.14 ft. candles) complies with the maximum
spill-over permitted by the Lighting Ordinance (0.2 ft. candles).
2) Driveway Stacking - The required internal storage length 75 feet (± 60 feet
provided on the east driveway.
st
ACTION NEEDED: Consider 1 reading approval of a zoning change and site plan
Case No.
ZA09-032
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Site Plan Review Summary No. 2, dated August 11, 2009
(E) SPIN Report - June 22, 2009
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-590
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT:
Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA09-032
BACKGROUND INFORMATION
OWNER:
Carroll Independent School District
APPLICANT:
Hart, Gaugler and Associates, Inc.
PROPERTY SITUATION:
1801 E. Highland St., between Kimball and Carroll Avenues and north of the
Kirkwood Blvd. extension.
LEGAL DESCRIPTION:
A portion of Tract 1, a portion of Tract 2A, a portion of Tract 2B1, and a portion
of Tract 3, Thomas Mahan Survey, Abstract No. 1049.
LAND USE CATEGORY:
Mixed Use
OPTIONAL LAND USE:
EC-R – Employment Center Residential
CURRENT ZONING:
AG - Agricultural
REQUESTED ZONING: “
S-P-1” – Detailed Site Plan
HISTORY: -
The school property was included in the preliminary plat (Case No. ZA05-113)
for the Gateway Church property. City Council approved the plat on August 21,
2007.
- A final plat (Case No. ZA09-033) for Lot 1, Block 1, Carroll ISD No. 7 Addition
was approved by the P&Z Commission on August 6, 2009.
TRANSPORTATION
ASSESSMENT:
Link to Executive Summary of Traffic Impact Analysis
(Under review by the City Engineer and City Traffic Consultant)
PATHWAYS
MASTER PLAN:
An eight (8) foot multi-use trail is programmed for the north side of Kirkwood
Blvd. and extending along the west side of the property from Kirkwood Blvd. to
E. Highland Street. The multi-use trails required are shown on the site plan.
WATER & SEWER:
There is a 15 inch diameter trunk sewer line to serve this development. There
is a 12 inch diameter waterline located in Kirkwood Blvd. to serve this
development.
DRAINAGE ANALYSIS:
The drainage from this development is generally to the southeast. There is an
existing storm sewer pipe located in Kirkwood Blvd to serve this development.
TREE PRESERVATION:
The Tree Preservation Area in the middle northeast corner of the property is
heavily vegetated with a drainage ravine meandering through the middle of it.
The trees where the access drive cuts through the Tree Preservation Area
consist of mostly small Cedar Elms and looks to be most practical area to
locate the access drive without removing larger trees that are on each side of
it. The access drive also crosses the drainage ravine that meanders through
the area so in order to preserve the trees on the west side of the access drive
necessary drainage measure will need to be taken to allow for sufficient
drainage of the area west of the access drive.
P&Z COMMISSION:
August 6, 2009, Approved (5-0) granting the requested variances to athletic
field and tennis court lighting and driveway stacking and subject to Revised
Case No. Attachment A
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Site Plan Review Summary No. 1, dated August 4, 2009.
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 2, dated August 11, 2009.
Case No. Attachment A
ZA09-032 Page 2
Case No. Attachment B
ZA09-032 Page 1
Plans and Support Information
Link to PowerPoint Presentation
Case No. Attachment C
ZA09-032 Page 1
SITE PLAN
Case No. Attachment C
ZA09-032 Page 2
“S-P-1” AND VARIANCE REQUEST LETTER
Case No. Attachment C
ZA09-032 Page 3
Case No. Attachment C
ZA09-032 Page 4
SITE PLAN REVIEW SUMMARY
ZA09-032Two08/11/09
Case No.: Review No.: Date of Review:
Site Plan– Carroll ISD Middle School
Project Name:
APPLICANT: Hart, Gaugler and Associates OWNER: Carroll ISD
John D. Blacker Derek Citty
12801 N. Central Expy, Suite 1400 3051 Dove Road
Dallas, TX 75243 Grapevine, TX 76051
Phone: (972) 239-5111 Phone: (817) 949-8218
Fax: (972) 239-5055 Fax: (817) 949-8229
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/11/09 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
CONTACTRICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
“
1. Correct the title to include Survey Name, Abstract No. and Tract Nos. to read:
a portion of Tract 1,
a portion of Tract 2A, a portion of Tract 2B1 and a portion of Tract 3, Thomas Mahan Survey, Abstract
1049.”
2. Provide the following general site data information in the chart and/or on the graphic where
appropriate:
a.
Show and label the 30’ building setback lines on Kirkwood Blvd. and Highland Street.
b. Show the 10’ x 50’ loading space as a hatched box consistent with the 10’ x 25’ loading
space shown.
3. Provide any modifications which may be identified in the review of the traffic impact analysis.
4. Ensure that the building footprint on the site plan matches the proposed elevations and dimension
each wall length on the site plan.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* The Tree Preservation Area in the middle northeast corner of the property is heavily vegetated with a
drainage ravine meandering through the middle of it. The trees where the access drive cuts through
the Tree Preservation Area consist of mostly small Cedar Elms and looks to be most practical area to
locate the access drive without removing larger trees that are on each side of it. The access drive also
crosses the drainage ravine that meanders through the area so in order to preserve the trees on the
west side of the access drive necessary drainage measure will need to be taken to allow for sufficient
drainage of the area west of the access drive.
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Case No. Attachment D
ZA09-032 Page 1
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.
LANDSCAPE COMMENTS:
1. Please use some additional canopy trees and accent trees throughout the property to allow for a
distributed mixture of species, diversification, evergreen attributes, and sustainability.
* The proposed landscape plant material consists primarily of native and adaptable low water use
grasses, perennials, shrubs, and trees. Although once established the landscape will obtain low water
use qualities, but because of the amount of perennials and ornamental grasses it will not be low
maintenance.
# Indicates comments on required items.
* Indicates informational comments.
Case No. Attachment D
ZA09-032 Page 2
Public Works/Engineering Review
Michael James, P.E., CFM
Civil Engineer
(817) 748-8101
mjames@ci.southlake.tx.us
WATER COMMENTS:
* Water lines cannot cross property lines without being in an easement or ROW.
* There is a 12 inch diameter waterline located in Kirkwood Blvd. to serve this development.
* The water meters must be located in an easement or right-of-way.
SANITARY SEWER COMMENTS:
* All sewer lines in easements or ROW must be constructed to City standards.
* There is a 15 inch diameter trunk sewer line to serve this development.
DRAINAGE COMMENTS:
* Documentation supporting and certifying that detention is not necessary will be required prior to
approval of construction plans.
* Calculations will be required to verify that the street and the proposed curb inlets will be able to handle
the volume of storm water at proposed conditions.
* All storm sewers collecting runoff from the public street shall be RCP.
* 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 Southeast. There is an existing storm sewer
pipe located in Kirkwood Blvd to serve this development.
* 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.
* 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 acceptable to 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 D
ZA09-032 Page 3
Informational Comments:
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* 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 driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, (as
amended).
* All lighting must comply with the Lighting Ordinance No. 693, as amended. A variance has been
requested for lighting for the tennis courts and football field.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
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 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 D
ZA09-032 Page 4
SPIN Report
SPIN MEETING REPORT
CASE NO.
ZA09-032
PROJECT NAME:
Carroll ISD Middle School
SPIN DISTRICT:
SPIN # 4
MEETING DATE:
June 22, 2009
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Nineteen (19)
SPIN REPRESENTATIVE(S) PRESENT:
Lou Hillman (#4), Jan Francis (#3), Mike Terry (#6)
APPLICANT(S) PRESENTING:
John Blacker, Hart Gaugler and Assoc., Inc.; et al (5)
STAFF PRESENT:
Ken Baker, Director of Planning and Development Services, Bob Price,
Director of Public Works, Gordon Mayer, Deputy Director of Public Works - Engineering, Richard
Schell, Planner II
STAFF CONTACT:
Richard Schell, (817)748-8602; rschell@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located west of Kimball Ave. between Kirkwood Blvd. and Highland St. with the entrance
being located near Kirkwood Blvd. and Blessed Way.
Development Details
The applicant is proposing a new two-story middle school with a football field on 25.25 acres.
QUESTIONS & DISCUSSION
QUESTION: Which streets will be used for construction access? Will Kimball Ave. or Highland
St. be used?
RESPONSE: All construction traffic will use the State Hwy. 114 frontage road to Blessed Way.
QUESTION: There are several ponds to the east of the school property. Are any steps being
taken to address safety issues?
RESPONSE: An eight foot (8’) wood fence will extend along the eastern side of the school
property from Highland St. to Kirkwood Blvd.
QUESTION: What types of materials will be used on the exterior of the building?
RESPONSE: The materials will be consistent with the High School.
QUESTION: How will the people who live west of Carroll Ave. get to the school?
RESPONSE: They will travel east on State Hwy. 114 to Kimball Ave. and make a U-turn to
Blessed Way or they will turn left (north) on Kimball Ave. and then left (west) on
Kirkwood Blvd.
QUESTION: What will happen to the travel times on the surrounding roads?
RESPONSE: A Traffic Impact Analysis (TIA) is being done. The results will be made available
Case No. Attachment E
ZA09-032 Page 1
upon completion of the study. Swing gates on the school drives will allow traffic
activity to be manipulated to obtain the best flow.
COMMENT: If Kirkwood Blvd. would extend to Carroll Ave., it would allow more flexibility for
accessing the school, but there are no plans for that connection to be made in the
near future.
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is
neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the
public of the issues and questions raised by residents and the general responses made. Responses as summarized in this
report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case
through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment E
ZA09-032 Page 2
Surrounding Property Owners
Carroll ISD Middle School
SPO # Owner Zoning Land Use Acreage Response
1. Main & Main Development Ltd SF1-A Low Density Residential 0.98 NR
2. Cook, Steven E Etux Katherine SF1-A Low Density Residential 1.32 O
3. Hardin, Roger D Etux Ann C SF1-A Low Density Residential 1.41 NR
4. Oji, Jay SF1-A Low Density Residential 1.06 NR
5. Townsend, Kenneth H SF1-A Low Density Residential 1.04 NR
6. Gateway Church NRPUD Mixed Use, Public/Semi-Public 89.61 NR
7. Carroll ISD AG Low Density Residential, Mixed Use 26.49 NR
8. Moore, Joseph G AG Low Density Residential 0.91 NR
9. Knight, Harold I Etux Shirley AG Low Density Residential, Mixed Use 11.16 NR
10. Blaser, Danny O AG Low Density Residential 1.94 NR
11. Carter, Linda Hilliard AG Low Density Residential 1.84 NR
12. Gateway Church NRPUD Mixed Use 10.53 NR
13. Gateway Church NRPUD Mixed Use 8.59 NR
14. Carter, Linda H & Jerry G AG Low Density Residential 1.06 NR
Case No. Attachment F
ZA09-032 Page 1
15. Gateway Church NRPUD Mixed Use, Public/Semi-Public 48.97 NR
16. Braun, Fred SF1-A Low Density Residential 1.54 NR
17. Cameron, Scott E & Maria P SF1-A Low Density Residential 0.94 NR
18. Andre, Don F SF1-A Low Density Residential 1.23 NR
19. Braun, Fred SF1-A Low Density Residential 1.41 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Nineteen (19 ) within 200 feet
Responses Received:
One (1) within 200 feet - Attached
One (1) outside of 200 feet - D/FW Airport - Attached
Case No. Attachment F
ZA09-032 Page 2
Surrounding Property Owner Responses
Case No. Attachment G
ZA09-032 Page 1
Case No. Attachment G
ZA09-032 Page 2
Case No. Attachment G
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CITY OF SOUTHLAKE, TEXAS
Case No. Attachment G
ZA09-032 Page 4
ORDINANCE NO. 480-590
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 A PORTION OF
TRACT 1, A PORTION OF TRACT 2A, A PORTION OF TRACT 2B1,
AND A PORTION OF TRACT 3, THOMAS MAHAN SURVEY,
ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 24.935 ACRES AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM
“AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE
PLAN DISTRICT WITH “CS” COMMUNITY SERVICE 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 “AG” Agricultural
Case No. Attachment H
ZA09-032 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
ZA09-032 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 a portion of Tract 1, a portion of Tract 2A, a portion of
tract 2B1 and a portion of Tract 3,Thomas Mahan Survey, Abstract No. 1049, City of
Southlake, Tarrant County, Texas, being approximately 24.935 acres, and more fully
and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-1”
Detailed Site Plan District with “CS” Community Service District uses as depicted on
Case No. Attachment H
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the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and
subject to the following conditions:
S-P-1 Regulations and Variance Request Letter
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Case No. Attachment H
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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
Case No. Attachment H
ZA09-032 Page 6
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.
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.
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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 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.
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PASSED AND APPROVED on the 1st reading the ____ day of _________, 2009.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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
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EXHIBIT “A”
Being legally described as a portion of Tract 1, a portion of Tract 2A, a portion of tract 2B1 and a
portion of Tract 3,Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County,
Texas, being approximately 24.935 acres, and more fully and completely described as follows:
Reserved for Metes & Bounds Description
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EXHIBIT “B”
Reserved for approved site plan.
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