Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
December 10, 2009
CASE NO:ZA09-059
PROJECT:Zoning Change and Site Plan for Invitation Park
REQUEST:
Visions Southwest is requesting approval of a zoning change and site plan to
revise the currently approved “S-P-1” zoning and site plan which proposed two
phases of office development totaling 90,000 square feet, north of the proposed
Zena Rucker Road and South of E. Southlake Boulevard between S. Carroll
Avenue and Byron Nelson Parkway. The currently approved plans allow for three
story “brownstone” style office buildings intended for general/professional office
and medical office uses. The proposed revision will change the most northeast
building (Building 3) to a Nursing College use and building and two most southern
office buildings (Previously Buildings 5 & 6, now Building 5) to a 90 bed personal
care/assisted living facility. The revised buildings are also three story and do not
deviate from the architectural style of the previously approved buildings. The
revised "S-P-1" zoning will follow the currently approved zoning allowing “C-3”
uses and regulations with the following exceptions:
Permitted Uses
Offices of a business and/or professional nature providing services not
including fabrication, manufacture, or production of goods;
Any use permitted in the “O-1” Office District;
Duplicating services, printing, lithographing, mimeographing, multi-graphing
and offset printing, providing that the floor area does not exceed 2,000 square
feet;
Financial institutions;
Health service facilities to include clinics, offices of dentists, doctors, and
other practitioners of healing arts, licensed or similarly recognized under the
laws of the state of Texas; offices for specialists and supporting health service
fields, such as physical, audio and speech therapy, podiatry, and
psychological testing and counseling; dental, medical, and optical laboratories;
Under parking shall be permitted accessory as shown on the attached site
plan.
Personal Care Facilities as described in the attached S-P-1 zoning letter
and site plan;
Nursing College as described in the attached S-P-1 zoning letter and site
plan;
Development Regulations
Bufferyards and setbacks along internal lot lines shall be as shown on the site
plan;
All phases of development shall be similar in design and construction;
Case No.
ZA09-059
Minimum separate building size = 2,000 square feet
Side yard setback = 15 feet
Maximum building height as shown on approved elevation plans.
Parking requirements shall be based on building use and as specified in the
attached S-P-1 zoning letter and site plan;
The following variances are being requested:
Driveway stacking – The required minimum driveway stacking for this
development is 150 feet. (Driveway Ord. No. 634, Section 5.2.d.) The
following are proposed:
- Driveway ‘A’ ±65
- Driveway ‘D’ ±18 feet
- Driveway ‘E’ ±75 feet
To comply with driveway spacing regulations, Driveway ‘C’ will be removed and
the Common Access Driveway ‘A’ will provide access in lieu of Driveway ‘C’ until
completion of Driveway ‘B’ (Future Street). Upon completion of Driveway ‘B’,
Driveway ‘A’ will be closed and eliminated by the property owner. Primary access
to the property will then be through Driveways ‘B’, ‘D’ and ‘E’.
st
ACTION NEEDED:Consider 1 Reading Site Plan and Zoning Change Approval Request
ATTACHMENTS:(A)
Background Information
(B)
Vicinity Map
(C)
Plans and Support Information - Link to PowerPoint Presentation
(D)Site Plan Review Summary No. 3, dated December 10, 2009
(E)
Surrounding Property Owners Map
(F) Ordinance No. 480-549a
(G)
for Commission and Council Members Only
Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Dennis Killough (817) 748-8072
Case No.
ZA09-059
BACKGROUND INFORMATION
OWNER/APPLICANT:
Visions Southwest
PROPERTY SITUATION:
821 & 835 E. Southlake Boulevard
LEGAL DESCRIPTION:
Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey,
Abstract No. 899
LAND USE CATEGORY:
Office Commercial
CURRENT ZONING:
“AG” Agricultural District
REQUESTED ZONING:
“S-P-1” Detailed Site Plan District
HISTORY:
The structures on the property were built around 1960 (Source: TAD)
The “C-3” zoning designation was assigned with the adoption of Zoning
Ordinance 480 in 1989.
Zoning Change and Site Plan (Case Number ZA07-124) and Preliminary
Plat (Case Number ZA07-125) were approved February 19, 2008.
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Southlake Boulevard to have
130 feet of right-of-way. Adequate right-of-way exists for this road.
Existing Area Road Network and Conditions
The proposed site will have one (1) access directly onto East Southlake
Boulevard. The drive is proposed to be a full-access drive; however, the
applicant proposes to close the Southlake Blvd drive once the property to
the east is developed. Common access easements are also proposed to
provide access to both the east and west.
East Southlake Boulevard is a seven lane, undivided thoroughfare with a
continuous, two-way, center left turn lane.
May, 2006 traffic counts on E. Southlake Blvd (between Byron
Nelson & Carroll Ave)
24hr 21,518)22,913
West Bound (WB) ( East Bound (EB) ()
WB 1,1502,227
Peak A.M. () 11:15 – 12:15 Peak P.M. () 5 – 6
EB 2,0941,609
Peak A.M. () 6:45 – 7:45 Peak P.M. () 3 – 4
The City of Southlake has recently undergone a study to determine the
location and design for medians along Southlake Boulevard. A median
opening with the potential for a traffic signal is proposed in the area of the
site.
Case No. Attachment A
ZA09-059 Page 1
Traffic Impact
Previous Plan
Use Sq. Ft. Vtpd* AM-IN AM-PM-PM-
OUT IN OUT
General Office 92,138 1,014 126 17 23 114
Revised Plan
Use Sq. Ft. Vtpd* AM-IN AM-PM-PM-
OUT IN OUT
General Office 40,140 442 56 8 10 50
Jr./Community 20,000 550 44 16 30 21
College
Personal 90 239 8 5 9 11
Care/Assisted Living Beds
Total 1231 108 29 49 82
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated
during the peak travel times on E. Southlake Boulevard.
A Traffic Impact Analysis was provided by the applicant and is under
review by the City Engineer.
Link to Traffic Impact Analysis
PATHWAYS
MASTER PLAN:
A minimum 8’ wide multi-use trail is required along East Southlake
Boulevard and 5’ sidewalks are required along all adjacent public streets.
WATER & SEWER:
A 12-inch water line exists along the north side of East Southlake
Boulevard. A 6-inch sanitary sewer line also exists along the north side of
E. Southlake Boulevard.
DRAINAGE ANALYSIS:
No comments
TREE PRESERVATION:
There are some trees shown to be preserved along the perimeter of the
Case No. Attachment A
ZA09-059 Page 2
property. All but two trees in the center of the project are expected to be
removed. Given that this is an S-P-1 zoning request, the tree
conservation plan is subject to City Council approval.
SOUTHLAKE 2025:
The land use designation is Office Commercial and the proposed
development is consistent with this designation.
P & Z ACTION:
November 19, 2009; Approved (6-0) to table until December 3, 2009
Planning and Zoning Commission meeting.
December 3, 2009; Approved (5-0) granting the variances to driveway
spacing and stacking as presented; also striking language in the permitted
uses from colleges and junior colleges and other similar institutions
making the permitted use for a nursing college, public or private, providing
that the floor area not exceed fifty-thousand (50,000) square feet; noting
the Applicants willingness to review the northwest corner of the property
tree planting and the feasibility of widening the sidewalk for tree canopy
addition on the western side of the south side of the nursing facility as
presented in the presentation; subject to the applicants presentation
during the meeting; and subject Staff Review Summary No. 2, dated
December 3, 2009.
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 2, dated December 3, 2009.
The currently approved zoning and site plan is subject to the following
conditions. No change to these conditions is proposed with the current
proposal. It is the intent that this site be subject to all previous conditions
of approval accept as specifically otherwise approved by the City Council
following a recommendation from the Planning and Zoning Commission.
P&Z ACTION: January 17, 2008; Approved (6-1) subject to Site Plan
Review Summary No. 3, dated January 11, 2008, approving the requested
driveway stacking variance, and subject to the following:
The north driveway onto F.M. 1709 will be closed upon the completion
of the north-south road to the immediate east of the site;
The 12 parking spaces along the eastern driveway will be removed
upon the completion of the north-south road to the immediate east of
the site;
Acknowledging the preservation of the access easement to the AG
zoned property to the south;
Accommodating the round-about (at the intersection of Rucker Road
and the proposed north-south road to the east of the site);
And, the applicant will work with staff on urban design elements,
including the clock tower.
COUNCIL ACTION: February 5, 2008; Approved first reading (7-0) subject
to Site Plan Review Summary No. 3, dated January 11, 2008; granting the
requested variances; subject to the recommendations of the Planning and
Zoning Commission; top roof caps are not yellow but copper colored; and,
subject to applicant’s representations and agreement this evening.
COUNCIL ACTION: February 19, 2008; Approved (7-0) subject to Council
approval on first reading; subject to applicant’s presentation tonight;
subject to Site Plan Review Summary No. 4, dated February 13, 2008; and
subject to the following comments from the city attorney: Approval of this
Case No. Attachment A
ZA09-059 Page 3
S-P-1 zoning proposal is conditioned on and inclusive of the private
development agreement entered into and between VSS and Zena Rucker
relating to the location of Zena Rucker Road and the construction,
financing and financing responsibilities of Zena Rucker Road as it lies
contiguous with property owned or developed by VSS. The zoning is
conditioned upon the implementation of that agreement and the terms of
that agreement have dictated the location of the road right-of-way. Further
noting that future phases of the VSS Invitation Project would be
conditioned upon the implementation and compliance with this private
development agreement between the two parties. This agreement should
lock down the road location, the commitment to the location, and the
financing that specifies who will be responsible for each element. We
would ask that the private development agreement be included as an
exhibit to the S-P-1 zoning ordinance so that it be a matter of public record
reflecting the agreement of the parties and will serve as the performance
measure for future phases of this project now pending before the Council.
This should be included with the S-P-1 zoning approval and not the plat
action because the plat area does not include all of the area subject to the
agreement, but the zoning would control the VSS options for future
phases.
N:\Community Development\MEMO\2009cases\059 - ZSP - Invitation Park\Staff Report
Case No. Attachment A
ZA09-059 Page 4
Case No. Attachment B
ZA09-059 Page 1
LINK TO POWER POINT PRESENTATION
Case No. Attachment C
ZA09-059 Page 1
Case No. Attachment C
ZA09-059 Page 2
Case No. Attachment C
ZA09-059 Page 3
SITE PLAN REVIEW SUMMARY
ZA09-059Three12/10/09
Case No.: Review No.: Date of Review:
Zoning & Site Plan for Invitation Park
Project Name:
APPLICANT: ARCHITECT:
Marco Martinez, Vision Southwest Silverlake Karen Thrasher, T Howard + Associates
215 W College St., Grapevine, TX 1506 W. Griffin St., Dallas, TX
mmartinez@visions-southwest.com kthrasher@thaarch.com
Phone: (817) 410-5100 Phone: (214) 522-1100
Fax: (817) 410-5171 Fax: (214) 522-5623
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
12/08/09 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.
1. Label adjacent properties and properties across adjoining R.O.W.'s with zoning.
2. The following changes are needed in the landscape plan:
a.
Correct the bufferyard lengths shown in the bufferyard chart on the landscape plan.
b.
Correct the discrepancy in the building footprint area between the landscape plan and site
plan.
c.
Landscape islands must generally be a minimum of 12 feet on width. There are a few
islands which do not comply. In particular, the islands between Buildings 3 and 4 and
west of Building 5.
3. The following changes are needed regarding driveways and streets:
a.
(A Variance is
The proposed driveway(s) do not meet the minimum 150’ stacking depth.
being requested for this requirement)
The following are proposed:
i. Driveway ‘A’ ±65 feet
ii. Driveway ‘D’ ±18 feet
iii. Driveway ‘E’ ±75 feet
b.
All driveways must meet the minimum spacing requirements in accordance with the
TxDOT and the City’s Driveway Ordinance No. 634, as amended. A future street
(Driveway ‘B’) along the east boundary of this property has been approved by the City as
part of the Site Plan and Preliminary Plat on the adjacent property to the east. To comply
with driveway spacing regulations, Driveway ‘C’ will be removed and the Common Access
Driveway ‘A’ will provide access in lieu of Driveway ‘C’ until completion of Driveway ‘B’
(Future Street). Upon completion of Driveway ‘B’, Driveway ‘A’ will be closed and
eliminated by the property owner.
c.
Ensure that the alignment of Zena Rucker Rd. can be accommodated through the
adjoining tracts and at its east and west terminus.
d.
Note on the plan the timing at which Zena Rucker Road would be constructed and provide
a copy of the most current agreement with the adjacent property owner(s).
Case No. Attachment D
ZA09-059 Page 1
* Deceleration lane must comply TXDOT standards.
INFORMATIONAL COMMENT
*
All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
.
development run-off
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* 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.
* Please be aware that medians are planned to be installed along Southlake Boulevard in the near
future. A full opening is planned at Driveway ‘B’ and the existing driveway directly across from
Driveway ‘B’ on the north side of E. Southlake Boulevard. See median plan insert shown in
Attachment A, Page 2 of this report. Driveway ‘A’ will be a limited access driveway upon
completion of the medians.
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs. Please be aware that the sign exhibit provided does not comply
with current sign regulations.
* 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.
* A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a
building permit for the construction of any off-site pavement and a permit from TxDOT must be
obtained prior to any curb cut along F.M. 1709.
* A minimum 5’ sidewalk is required adjacent to all streets where a trail is not planned. The
required sidewalks need to be provided along the approved and/or dedicated street ROW with
development of this property. The sidewalks located along the east and south are noted to be
provided with the construction of the adjoining phase.
* Denotes Informational Comment
Case No. Attachment D
ZA09-059 Page 2
Surrounding Property Owners
Invitation Park
SPO # Owner Zoning Land Use Acreage Response
1. Southlake-Foxborough Ltd SF20A Medium Density Residential 1.31 NR
2. Kiani, Hamid Etux Rashin SF20A Medium Density Residential 0.64 NR
3. East Southlake #1 Ltd SP1 Office Commercial 1.87 NR
4. East Southlake #2 Ltd SP1 Office Commercial 2.39 NR
Office Commercial
5. Mendez Ltd AG 5.41 NR
Medium Density Residential
6. Vision SW Silverlake Llc S-P-1 Office Commercial 0.55 NR
7. Vision SW Silverlake Llc S-P-1 Office Commercial 2.82 NR
Rucker, William W Est &
8. AG Office Commercial 6.70 NR
Zena
Office Commercial
9. Vision SW Silverlake Llc S-P-1 & AG 4.22 NR
Medium Density Residential
Rucker, William Est & Zena
10. AG Medium Density Residential 4.24 NR
Tr
Office Commercial
11. Rcp Southlake Blvd #2, Ltd S-P-2 16.34 NR
Medium Density Residential
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eleven (11)
Responses Received:
None (0)
Case No. Attachment E
ZA09-059 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-549a
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS
BEING LEGALLY DESCRIBED ASTRACTS 3B & 3B01, AND A PORTION OF
TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING
APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT
TO “S-P-1” DETAILED SITE PLAN DISTRICT, 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 “S-P-1” DETAILED
SITE PLAN DISTRICT under the City’s Comprehensive Zoning Ordinance; and
Case No. Attachment E
ZA09-059 Page 2
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
Case No. Attachment E
ZA09-059 Page 3
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,Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey,
Abstract No. 899 and being approximately 5.84 acres, and more fully and
completely described in exhibit “A” from “S-P-1” detailed site plan district to “S-P-
Case No. Attachment E
ZA09-059 Page 4
1” detailed site plan district, as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit “B”, and subject to the following
specific conditions:
1)
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described
shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing
sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning
Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and
affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to
both present conditions and the conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-
crowding of land; to avoid undue concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface water, parks and other
commercial needs and development of the community. They have been made after a full and
complete hearing with reasonable consideration among other things of the character of the
district and its peculiar suitability for the particular uses and with a view of conserving the value
Case No. Attachment E
ZA09-059 Page 5
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.
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.
Case No. Attachment E
ZA09-059 Page 6
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.
th
PASSED AND APPROVED on the 1st reading the 15 day of December, 2009.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the - day of January, 2010.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment E
ZA09-059 Page 7
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA09-059 Page 8
EXHIBIT “A”
Being Tracts 3B & 3B01, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899
and being approximately 5.84 acres and more fully described by metes and bounds as follows:
Case No. Attachment E
ZA09-059 Page 9
EXHIBIT “B”
Case No. Attachment E
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