Item 6A
Department of Planning & Development Services
S T A F F R E P O R T
November 12, 2008
ZA08-031
CASE NO:
Zoning Change andDevelopment Plan for Carillon
PROJECT:
REQUEST: Hines Southlake Land L.P. is requesting approval of a zoning change and development
plan for a ± 285 acre mixed use development at the northeast corner of E. State
Highway 114 and N. White Chapel Boulevard. The Existing Zoning is NR-PUD Non-
Residential Planned Unit Development and C-2 Local Retail Commercial District. The
initial plan presented to the Planning and Zoning Commission and City Council
proposed approximately 500,000 square feet of retail, 600,000 square feet of office,
455 single family residential units and 66 acres of open space on 285 acres. Following
the August 19, 2008 hearing at City Council the proposed residential units were
reduced from the 455 units to a maximum of 417 units. Following the September 16,
2008 City Council hearing, the retail buildings along N. White Chapel were massed
together eliminating individual pads sites; Section 7 has been added to the
Development Standards which provides additional architectural control for the
residential and commercial districts; The parking lot in the southeast corner of the
proposed “Lake Park” which had driveway access on to N. Carroll Avenue was
relocated to the northeast corner of the park with driveway access being restricted to
Lakeside Parkway; A sidewalk was added through the eastern side of “Lake Park”
closer to N. Carroll Avenue. Since the first reading approval on October 7, 2008 and
the work session held October 22, 2008 the following changes have been made:
1) The Maison product was eliminated and replaced by a single family detached
zero lot line product;
2) The number of residential units reduced to 404;
3) Office layout along SH114 revised to more effectively hide parking garages;
4) Landscape islands within parking areas adjacent to SH 114 have been
enlarged;
5) Massing of buildings along N. White Chapel have been revised;
6) Table 49-1, the “Uses” table has been revised to require a Specific Use Permit
approval for grocery stores within 300 feet of Kirkwood Boulevard;
7) The sidewalk along the east side of the Lake Park, near Carroll Avenue has
been eliminated. A trail is shown along the east side of the lake. A crossing to
the east side of Carroll Avenue is shown at Lakeside Parkway.
Modifications to the Employment Center Zoning district are proposed for block
sizes/lengths, orientation of building facade street frontage, orientation of off-street
parking to street frontages and intersections and to allow one residential cul-de-sac. A
variance to the driveway ordinance to allow driveway stacking depths as shown on the
plan is also requested.
Approximately 30% of the surrounding land area within 200 feet of this proposal has
Case No.
ZA08-031
filed a protest to this zoning change. Therefore, a super majority vote to approve,
three-fourths of all members of the City Council (6 of 7), is needed in order to
approve this item.
Conduct a public hearing
ACTION NEEDED: 1)
Consider second reading approval for the zoning and development plan
2)
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Link to Carillon Zoning and Development Plan Booklet 8-12-08
Link to Development Plan 9-29-08 (Presented 10-07-08)
Link to Revised Development Plan 11-10-08.pdf
Link to Booklet Revisions 11-10-08
Link to Commercial Development Standards 11-10-08.pdf
Link to Residential Development Standards 11-10-08.pdf
Link to History of Revisions 11-10-08.pdf
Link to Phasing Plan
(D) Development Plan Review Summary No. 7 dated November 12, 2008,
2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-564
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA08-031
BACKGROUND INFORMATION
OWNER: Hines Southlake Land L.P.
APPLICANT: Hines Southlake Land L.P.
PROPERTY SITUATION: The property is located at the northeast corner of SH 114 and N. White Chapel
Boulevard.
LEGAL DESCRIPTION: Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1, and 3B2, Larkin H.
Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absolom H. Chivers
Survey, Abstract No. 299.
LAND USE CATEGORY: Mixed Use
HISTORY: -The City Council approved a zoning change request and concept plan to “NR-
PUD” on May 20, 1997.
-The City Council approved a zoning change and concept plan on December
18, 2001, requiring a 300’ setback on Carroll Avenue, subject to City Council
discretion. The purpose of the zoning change and concept plan was to
incorporate newly acquired tracts of land into the existing “NR-PUD”, revise
parcel boundaries and permitted uses within the district
CURRENT ZONING: NR-PUD Non-Residential Planned Unit Development District and C-2 Local
Retail Commercial District
TRANSPORTATION
ASSESSMENT: See Traffic Impact Analysis Link- Traffic Impact Analysis
TIA Addendum dated 6-2-08
East State Highway 114 is a six lane, limited access highway with three lane
frontage roads on either side.
May, 2007 traffic counts on S.H. 114 frontage roads
(between N. Carroll Ave and Highland St.)
West Bound East Bound
24hr 776 806
A.M Peak 5790
() 8:15 – 9:15 () 8:00 – 9:00
P.M. Peak 9281
() 2:45 – 3:45 () 2:45 – 3:45
May, 2007 traffic counts on S.H. 114 frontage roads
(between Highland St. and N. White Chapel Blvd.)
West Bound East Bound
24hr 830 864
A.M Peak 6372
() 8:00 – 9:00 ()11 :00 – 12:00
P.M. Peak 10683
() 2:45 – 3:45 () 5:15 – 6:15
Case No. Attachment A
ZA08-031 Page 1
May, 2007 traffic counts on N. Carroll Ave.
(between S.H. 114 and Highland St.)
North Bound South Bound
24hr 3347 3174
A.M Peak 271286
() 7:45 – 8:45 () 7:45 – 8:45
P.M. Peak 339287
() 3:00 – 4:00 () 3:30 – 4:30
May, 2007 traffic counts on N. White Chapel Blvd.
(between S.H. 114 and Dove Road)
North Bound South Bound
24hr 2053 2217
A.M Peak 209222
() 8:00 – 9:00 () 7:45 – 8:45
P.M. Peak 184213
() 3:15 – 4:15 () 3:15 – 4:15
Traffic Impact:
Source: Traffic Impact Analysis
City staff will provide an overview of the traffic impact analysis with the presentation of this
item.
WATER & SEWER: There is an existing 20” water line along the east side of White Chapel Boulevard.
There is an existing 12” water line along the west side of N. Carroll Avenue. There is
an existing 6” water line along the northeast boundary of the property extending west
from N. Carroll Avenue. Sewer connections will be to an existing 15” line to the east
Case No. Attachment A
ZA08-031 Page 2
along N. Carroll Ave, to an existing 12” line along the southeast boundary of the
property, and to an existing 10” sewer line to the north along Canyon Park Drive. .
SOUTHLAKE 2025:
Consolidated Land Use Plan Recommendations
The underlying land use designation is Mixed Use and Floodplain and the optional land
use designation is Employment Center – 1, 2 & R. The proposed development is
generally consistent with EC-1, 2 & R designation. The purpose of the Employment
Center (EC) land use designation is to provide for a comprehensive set of design
standards and guidelines for the development of the City’s premier corridor – the S.H.
114 Corridor. (See the appendix for specific form standards.) The EC land use
category is intended for a continuum of development from the highest intensity mixed
use development immediately adjacent to the highway to the lowest intensity
residential uses adjacent to existing neighborhoods. The EC land use category shall be
applied to contiguous properties that are a minimum of 75 acres. To address this
desired intensity gradient of development, the EC land use category is further defined
into three (3) sub-categories – EC-1,EC-2, and EC-Residential (EC-R) categories.
Environmental Resource Protection Recommendations
There is a long strip of tree cover designated for open space preservation running
diagonal (northwest-southeast) across the property with some short strips extending to
the northeast, to the south central and southwestern portions of the property. The
southeastern portion n of the property is located in the 100 Year Floodplain. The flood
plain area along with some of the identified tree coverage areas are designated in
open space in the proposed development plan.
Wildlife corridors are recommended to connect the parks throughout the development.
Native and drought-tolerant landscaping is encouraged throughout the development.
Although not all of the recommended Tree Cover/Open Space preservation areas are
being preserved, one the densest areas of tree cover on the site has been designated
as an Environmental Preserve and a Neighborhood Park. Additional parks are
provided throughout the development.
Mobility & Master Thoroughfare Plan Recommendations
East State Highway 114 runs along the southern boundary and is designated as a 300-
foot to 500-feet of right-of-way. Adequate right-of-way exists for this roadway;
N. White Chapel runs along the western boundary and is designated an A4D 88’
Case No. Attachment A
ZA08-031 Page 3
Arterial. Additional ROW is required for this section. The majority of this road exists
as only a 2 lane undivided bar-ditch roadway;
N. Carroll Avenue runs along the eastern boundary is designated as an A4D 88’
Arterial. Additional ROW is required for this section. The majority of this road exists
as only a 2 lane undivided bar-ditch roadway;
A section of future E. Kirkwood Boulevard extends diagonally through this property
from N. White Chapel Boulevard to E. Highlands Street. Kirkwood Boulevard is
designated as an A4D 100’ Arterial. This roadway does not currently exist and would
need to be dedicated and constructed with this development.
Southlake Pathways Plan
An 8 foot to 10 foot multi-use trail is required along the East State Highway 114
westbound frontage road per the Pathways Plan.
A minimum 8 foot hike & bike trail is designated along the north boundary of E.
Kirkwood Boulevard.
Minimum 5 foot sidewalks are required along N. Carroll Ave. & N. White Chapel
Boulevard.
The proposed development plan appears to comply with the Master Pathways Plan
and sidewalk requirements.
Urban Design Plan
Preserve existing view corridors where appropriate. Tree stands along the highway
should be preserved when they terminate views from the highway.
In order to maximize regional access and limit the impact of strip retail
development, retail and restaurant development should be concentrated at
interchanges in 1-2 storey buildings with higher intensity office and institutional uses
at mid block locations.
Establish appropriate scale and bulk standards for buildings along the highway,
specifically at mid-block locations. Buildings should be 4 – 6 stories tall and step
down as they move away from the highway corridor. Buildings over three stories
should be articulated along the first three floors.
Materials on the lower floors should be brick, stone or other approved masonry.
Low-profile, single storey pad buildings that tend to blend into the background and
have limited visibility from the highway are discouraged.
All windows on buildings should be vertically oriented and be articulated with a 4-
inch reveal to avoid solid, flat walls, and to create shadow lines and surface
texture. Glass curtain walls and facades with more than 60% glass along any
elevation shall be discouraged. Along retail store fronts, 1’ – 2’ high knee walls shall
limit the amount of glass along each façade visible from public streets.
The view of surface parking from the highway should be limited. Surface parking
lots should be designed to be in smaller pods (no more than 200 parking spaces)
with increased landscaping and pedestrian access ways. Specifically, shared
parking is also encouraged between adjoining complementary land uses.
Case No. Attachment A
ZA08-031 Page 4
Master planning of larger tracts or multiple tracts is encouraged over piece-meal
development. In addition, the master plan applications should include all the
elements of the built environment such as building design, site design, wayfinding
and building signage, landscaping, treatment of natural features, bridges, streets,
street lighting, etc. Every effort should be made to incorporate recommended urban
design elements into the project design.
P&Z ACTION: June 5, 2008; Approved to table until July 17, 2008.
July 17, 2008; Approved to table until August 7, 2008.
August 7, 2008; Approved (5-0) subject to Site Plan Review Summary No. 3, dated
allowing a block size of 400 feet to 800 feet in the EC-Core and 500
May 30, 2008,
feet to 1000 feet in the EC-Edge and allowing parking lots adjacent to street
intersections in the Plaza District and Corporate District.
COUNCIL ACTION: August 19, 2008; Approved to Table (6-0) until September 16, 2008.
September 16, 2008; Approved to Table (7-0) until October 7, 2008.
st
October 7, 2008; 1 Reading Approved (5-1) subject to staff’s comments and City
Council’s comments; incorporating the transcript of tonight’s discussions (attached via
the following links – 9-16-08 transcript, 10-07-08 transcript) for the second reading
which is currently scheduled for the November 18, 2008 City Council meeting; subject
to the developer’s comments and agreements made at the last meeting; and subject to
Development Plan Review Summary No. 6, dated October 1, 2008.
October 21, 2008; Approved to Table (5-0) until November 18, 2008.
STAFF COMMENTS: Development Plan Review Summary No. 7 dated November 12, 2008 is attached.
N:\Community Development\MEMO\2008cases\031 - DP - Carillon Southlake\Staff Report\08-031ZDP_CC 9-16.doc
Case No. Attachment A
ZA08-031 Page 5
Case No. Attachment B
ZA08-031 Page 1
Link to Carillon Zoning and Development Plan Booklet 8-12-08
Link to Development Plan 9-29-08 (Presented 10-07-08)
Link to Revised Development Plan 11-10-08.pdf
Link to Booklet Revisions 11-10-08
Link to Commercial Development Standards 11-10-08.pdf
Link to Residential Development Standards 11-10-08.pdf
Link to History of Revisions 11-10-08.pdf
Link to Phasing Plan
Case No. Attachment D
ZA08-031 Page 0
DEVELOPMENT PLAN REVIEW SUMMARY
ZA08-031Seven11/12/08
Case No.: Review No.: Date of Review:
Zoning andDevelopment Plan
Project Name: – Carillon Southlake
APPLICANT: ARCHITECT/ENGINEER:
Hines – Jeff Kennemer Jacobs Carter Burgess – Emily Drake
5215 N. O’Connor Blvd., Suite 635 7950 Elmbrook Dr.
Irving, TX 75039 Dallas, TX 75247
P: (972)716-2917 P: (214)638-0145
F: (972)869-5097 F: (214)638-0447
E: jeff_kennemer@hines.com
11/10/08
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON AND WE OFFER
THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT 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.
General Comments
1. The applicant requests the following modifications to the EC district design standards:
a.
Under “4.0 Block and Lot Standards”, the required block size is 500 feet to 800 feet in the EC-
The applicant is requesting a modification
Core and 500 feet to 1000 feet in the EC-Edge.
to allow a block size of 400 feet to 800 feet in the EC-Core and 500 feet to 1000 feet in the
EC-Edge, as shown on the plan.
b.
Off-street parking shall be located at the side or rear of the building in the EC district. Parking lots
in the ECZ District may not be adjacent to a street intersection nor exceed 50% of the block length
along arterial, collector or highway frontage roads. Additionally 50% of the building façade shall be
The applicant is requesting a modification to
oriented along these types of street frontages.
this requirement to allow parking lots adjacent to street intersections in the Plaza District
and Corporate District and along the SH 114 and Kirkwood Boulevard frontages as shown
on the plan.
c.
Cul-de-sacs are prohibited in the ECZ District unless natural features such as topography or
The applicant is requesting a modification to this
stream corridors prevent a street connection.
requirement to allow 1 cul-de-sac in the development.
A variance is requested to allow driveways as
2. The required Driveway stacking distance is 150’.
shown on the plan. The minimum stacking shown is approximately 30 feet.
3. Clearly distinguish the district boundaries and permissible product types graphically on the
development plan. (use of a color legend is preferred)
4. Correct any discrepancies in data summaries, regulations, key maps, etc., following changes made to
the current plan.
Case No. Attachment D
ZA08-031 Page 1
TREE CONSERVATION COMMENTS:
The following are review comments provided by Landscape Administrator Keith Martin (817)748-8229:
1. Most all of the existing trees in the western portion of the property are mature Post Oaks,
Blackjack Oaks, Pecan and American Elm. There is one Pecan tree that may be a contender
to be certified in the Dallas-Ft. Worth Big Tree Registry, and there are several other Blackjack
Oaks within the proposed right-of-way of Kirkwood Blvd. that may be large enough to be
certified and registered.
2. Please ensure that grading in areas of existing trees that are proposed to be preserved is
limited to the outskirts of the critical-root-zone areas of the trees intended to be preserved.
Also ensure that the drainage of the areas is not compromised by any grading around the
areas.
* Please be aware that all existing trees shown to be preserved on the City Council approved
Tree Conservation Analysis/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 Analysis/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.
Engineering Comments
GENERAL COMMENTS:
* Use the City of Southlake GPS monuments whenever possible.
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. 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 and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All utility lines in easements or ROW must be constructed to City standards.
WATER COMMENTS:
1. For single family residences, hydrants shall be spaced a maximum of 400 linear feet apart for
unsprinklered and 600 linear feet for sprinklered residences.
2. For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet
apart, or 600 linear feet if buildings are sprinklered.
* Water lines cannot cross property lines without being in an easement or ROW.
* There is a 12-inch diameter waterline located along Carroll Avenue and a 20-inch diameter waterline
located along White Chapel Avenue to serve this development.
* The water meters must be located in an easement or right-of-way.
SANITARY SEWER COMMENTS:
1. The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public
sanitary system line that is built to City standards.
2. The proposed sewer line must be located in the parkway - not under pavement, except for crossings.
* All sewer lines in easements or ROW must be constructed to City standards.
* There is a trunk sewer line located between S.H. 114 and Carroll Avenue to serve a portion of this
development. There alos appears to be a 10-inch diameter sewer line located in Canyon Park Street
that could serve a portion of this development.
Case No. Attachment D
ZA08-031 Page 2
* An existing 8” sewer line exists on the west side of Shady Oaks Drive
DRAINAGE COMMENTS:
2. Provide a grading plan which includes drainage arrows and 2’ contours. Contours may be obtained
from the City of Southlake.
3. Show the limits of the floodplain.
4. The difference between pre and post development runoff shall be captured in the detention pond(s).
The proposed detention ponds shall control the discharge of the 5, 10 and 100 year storm events.
Detention may be required with any new proposed building construction. Describe how increased
runoff from site is being detained. Access easements are needed for maintenance of the detention
pond.
5. This site has been identified as a regional storm water detention location in the City’s Master Drainage
Plan. Please locate the required detention facility or describe alternate methods used to achieve the
required detention of storm water flow.
6. Verify that the size, shape, and/or location of the detention pond, as depicted on the
site/concept/development plan, will be adequate to meet the detention requirements. Any changes to
the size, shape, and/or location of the proposed pond(s) may require a revision to the
concept/site/development plan and may need to be approved by the Planning and Zoning Commission
and the City Council.
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to
beginning construction.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
ENGINEERING 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.
* 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 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.
General Informational Comments
* A SPIN Meeting for this development was held at 6:00PM on April 14, 2008 in Southlake Town
Hall.
* 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.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
Case No. Attachment D
ZA08-031 Page 3
*`
Please Contact Chris Tribble with the Southlake Parks Department regarding parking planning (817)
748-8021. Any public park dedication and/or any park dedication credits for private parks and
improvements must have a recommendation from the City’s Parks and Recreation Board prior to
consideration by the City Council. If public park dedication is to be made by plat, a recommendation is
needed prior to consideration of the plat.
* 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, and a 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
ZA08-031 Page 4
Traffic Impact Analysis Review
Case No. Attachment D
ZA08-031 Page 5
Traffic Impact Analysis Review
Case No. Attachment D
ZA08-031 Page 6
Traffic Impact Analysis Review
Case No. Attachment D
ZA08-031 Page 7
Surrounding Property Owners
Carillon Southlake
SPO # Owner Zoning Land Use Acreage
1.
Jack, Hayden RPUD Medium Density Residential 0.41
2.
Johnson, Jay B RPUD Medium Density Residential 0.36
3.
Esparza, Lisa & Ismael RPUD Medium Density Residential, Mixed Use 0.36
4.
Swieter, Kenneth James RPUD Medium Density Residential, Mixed Use 0.36
5.
4F Development Lp RPUD Medium Density Residential 0.48
6.
Roque Custom Homes Inc RPUD Medium Density Residential 0.37
7.
Roque Custom Homes Inc RPUD Medium Density Residential, Mixed Use 0.34
8.
Duhon, M Shawn Etux Christie RPUD Medium Density Residential, Mixed Use 0.34
9.
Clairmark Homes Inc RPUD Medium Density Residential, Mixed Use 0.36
10.
Randall Garrett Homes Inc RPUD Medium Density Residential, Mixed Use 0.35
11.
4F Development Lp RPUD Medium Density Residential, Mixed Use 0.51
12.
Skinner Custom Homes Inc RPUD Medium Density Residential, Mixed Use 0.45
13.
Chateaumar Homes Inc RPUD Medium Density Residential, Mixed Use 0.39
14.
Garcia, Juan J Etux Jana RPUD Medium Density Residential, Mixed Use 0.39
15.
Estes Park Hmo Assoc Inc RPUD Medium Density Residential, Mixed Use 0.88
16.
Mitcham, Brian C Etux Shelley RPUD Medium Density Residential, Mixed Use 0.42
Case No. Attachment E
ZA08-031 Page 1
17.
Vpg Investments Ltd RPUD Medium Density Residential, Mixed Use 0.44
18. Low Density Residential, Medium Density
Monument Custom Homes LP RPUD Residential 0.43
19. Low Density Residential, Medium Density
Casey, Chris & Diana RPUD Residential 0.37
20.
Km Properties Inc RPUD Medium Density Residential 0.39
21.
Estes Park Ltd RPUD Medium Density Residential 1.70
22.
Bradford, Jay J Jr Etux Leigh RPUD Medium Density Residential 0.40
23.
David Menzel Properties Inc RPUD Medium Density Residential 0.51
24.
Palacio Properties Llc RPUD Medium Density Residential 0.42
25.
4F Development Lp RPUD Medium Density Residential 0.36
26.
Starwood Custom Homes Lp RPUD Medium Density Residential 0.49
27.
Starwood Custom Homes Lp RPUD Medium Density Residential 0.48
28.
4F Development Lp RPUD Medium Density Residential 0.51
29.
Clairmark Homes Inc RPUD Medium Density Residential, Mixed Use 0.50
30.
4F Development Lp RPUD Medium Density Residential, Mixed Use 0.51
31.
4F Development Lp RPUD Medium Density Residential, Mixed Use 0.58
32.
Psj Properties Ltd RPUD Medium Density Residential, Mixed Use 0.63
33.
Flexer, David J Etux Karen J R RPUD Medium Density Residential, Mixed Use 0.87
34.
4F Development Lp RPUD Low Density Residential, Mixed Use 0.34
35.
Uddin, Mohammad Etux Atiya RPUD Low Density Residential, Mixed Use 0.34
36.
Toll Dallas Tx LLC RPUD Low Density Residential, Mixed Use 0.35
37.
4F Development Lp RPUD Low Density Residential, Mixed Use 0.36
38.
4F Development Lp RPUD Low Density Residential 0.34
39.
Toll Dallas Tx LLC RPUD Low Density Residential, Mixed Use 0.46
40.
4F Development Lp RPUD Low Density Residential 0.41
41.
Toll Dallas Tx LLC RPUD Low Density Residential 0.34
42.
Mitchell, Ronnie RPUD Low Density Residential 0.39
43.
4F Development Lp RPUD Low Density Residential 0.38
44.
4F Development Lp RPUD Low Density Residential 0.44
45.
4F Development Lp RPUD Low Density Residential 0.38
46.
4F Development Lp RPUD Low Density Residential, Mixed Use 0.39
47.
4F Development Lp RPUD Low Density Residential, Mixed Use 0.36
48.
4F Development Lp RPUD Low Density Residential, Mixed Use 0.36
49.
4F Development Lp RPUD Low Density Residential, Mixed Use 0.35
50.
4F Development Lp RPUD Low Density Residential, Mixed Use 0.36
51.
Saw Partners Lp SF30 Low Density Residential 0.91
52.
Ascencio, Cristobal SF30 Low Density Residential, Mixed Use 0.72
53.
Pailes, Nathan & Mary Pailes SF30 Low Density Residential, Mixed Use 0.70
54.
Simpson, Charles Etux Kathleen SF30 Low Density Residential 0.71
55.
Saw Partners Lp SF30 Low Density Residential 0.23
56.
Thrasher, Imogene Est AG Low Density Residential, Mixed Use 1.18
57.
Thasher, Wesley Etux Terri AG Low Density Residential, Mixed Use 1.85
58. Low Density Residential, Public/Semi-
Carroll ISD CS Public, Office Commercial 14.12
59.
Hight, Lance B SF1-A Low Density Residential 1.14
60.
Maranan, Bernadette Etvir V SF1-A Low Density Residential 0.99
61.
Barnard, Joseph M SF1-A Low Density Residential 1.02
62.
Toups, Tommie Etux Sharon SF1-A Low Density Residential 0.99
63.
Nguyen, Ashley Etvir Cuong Duc SF1-A Low Density Residential 1.01
64.
Fore, Stan Etux Lisa SF1-A Low Density Residential 0.96
65. Low Density Residential, Public/Semi-
Lawler, Richard SF1-A Public 1.24
Case No. Attachment E
ZA08-031 Page 2
66. Low Density Residential, Public/Semi-
Hix, Larry Etux Brenda SF1-A Public 1.07
67. 100-Year Flood Plain, Low Density
Davis, Darryl SF1-A Residential 1.80
68. 100-Year Flood Plain, Low Density
Purvis, William E SF1-A Residential 1.29
69. 100-Year Flood Plain, Low Density
Murphy, James L Etux Rita J SF1-A Residential 1.90
70. Low Density Residential, 100-Year Flood
Ensenberger, C J & Elaine P SF1-A Plain 2.58
71. Low Density Residential, 100-Year Flood
Lay, Rob Etux Jennie Hocking SF1-A Plain 1.70
72. Low Density Residential, 100-Year Flood
Williams, Marvin Etux Fabrienn SF1-A Plain 2.01
73.
Smiley, Gregory W & J Smiley SF20A Low Density Residential 0.61
74.
Heath, George F Etux Lou Ann AG Low Density Residential 0.41
75.
Cercone, Albert B AG Low Density Residential 0.27
76.
Mills Custom Homes Lp SF30 Low Density Residential 0.97
77.
Grant, Janice L AG Low Density Residential 0.37
78. Medium Density Residential, Low Density
Morris, Louis M Etux Leslie AG Residential 0.96
79.
Burgess, Derrell & Martha Jo AG 100-Year Flood Plain, Mixed Use 7.32
80.
Boudreaux, James Thomas AG 100-Year Flood Plain 0.91
81. 100-Year Flood Plain, Mixed Use, Office
D/Fw-Hwy 114/Highlands Ltd AG Commercial 3.88
82.
D/Fw-Hwy 114/Highlands Ltd AG 100-Year Flood Plain, Office Commercial 6.25
83.
D/Fw-Hwy 114/Highlands AG 100-Year Flood Plain 2.17
84. Mixed Use, 100-Year Flood Plain, Mixed
Chang, Chin J & Wanda AG Use 2.23
85.
Oscar Wolfe Family Cemetery CS 100-Year Flood Plain 0.15
86. 100-Year Flood Plain, Mixed Use, Office
Highland Group Jv C3 Commercial 12.16
87.
Heath, George F Etux Lou Ann AG Low Density Residential 0.20
88.
Pamorama Properties Ltd SF1-A Low Density Residential, Mixed Use 1.71
89.
Hopkins Dallas Properties Ltd C2 <null> 0.85
90.
Zvonecek, Brian C2 Mixed Use, Retail Commercial 1.64
91.
Birchfield, Sandra E AG Low Density Residential 0.86
92.
Shivers Family Ptnrship Ltd AG Retail Commercial 39.54
93.
Shivers, Jeroll Etux Frances AG Mixed Use, Retail Commercial 1.20
94.
Westerra Southlake LP NRPUD Mixed Use, Retail Commercial 39.22
95.
Kidwell, Stephen C C2 Mixed Use 4.02
96.
Westerra Southlake LP NRPUD Retail Commercial 0.93
97.
Westerra Southlake LP NRPUD Retail Commercial 0.13
98.
Westerra Southlake LP NRPUD Retail Commercial 3.62
99.
Westerra Southlake LP NRPUD Retail Commercial 0.74
100.
Westerra Southlake LP NRPUD Retail Commercial 19.00
101.
Westerra Southlake LP NRPUD Retail Commercial 19.00
102.
Westerra Southlake LP NRPUD Retail Commercial 5.06
103.
Westerra Southlake LP NRPUD Retail Commercial 35.62
104.
Westerra Southlake LP NRPUD Retail Commercial 40.67
105.
Westerra Southlake LP NRPUD Retail Commercial 56.27
106.
Westerra Southlake LP NRPUD Retail Commercial 99.19
Case No. Attachment E
ZA08-031 Page 3
Surrounding Property Owner Responses
Carillon Southlake
Notices Sent:
One-Hundred and Six (106)
Twenty-eight (28)
Responses Received Within 200 Feet:
Estes Park Ltd (21),
Notification
1) 395 W. Northwest Pkwy., Ste. 300, Southlake, TX; Submitted a
In Favor Of
Response Form
stating on May 4, 2008 (attached).
C J & Elaine P Ensenberger (70)
Notification
2) , 1505 N. Carroll Ave., Southlake, TX; Submitted a
Opposed To
Response Form
stating on May 27, 2008 (attached).
Shivers Family Partnership LTD (92)
3) , 1800 N. White Chapel Blvd., Southlake, TX; Submitted a
Opposed To
Notification Response Form
stating on May 30, 2008 (attached).
Imogene Thasher Estate (56),
Notification
4) 1975 N. White Chapel Blvd., Southlake, TX; Submitted a
Opposed To
Response Form
stating on June 3, 2008 (attached).
Wesley & Terri Thasher (57)
Notification
5) , 1965 N. White Chapel Blvd., Southlake, TX; Submitted a
Opposed To
Response Form
stating on June 3, 2008 (attached).
Stan & Lisa Fore (64),
Notification Response
6) 1101 Bay Meadows Dr., Southlake, TX; Submitted a
Opposed To
Form
stating on June 3, 2008 (attached), submitted additional response on August 18,
2008 (attached) and September 10, 2008 (attached).
Lisa & Ismael Esparza (3),
Notification Response Form
7) 645 Boulder Dr., Southlake, TX; Submitted a
Opposed To
stating on June 5, 2008 (attached).
Jeroll & Francis Shivers (93),
Notification
8) 1800 N. White Chapel Blvd., Southlake, TX; submitted a
Opposed To
Response Form
stating on June 5, 2008 (attached).
George F. & Lou Ann Heath (74 & 87),
Notification
9) 1100 Primrose Ln., Southlake, TX; submitted a
Opposed To
Response Form
stating on June 5, 2008 (attached).
Charles & Kathleen Simpson (54),
Notification
10) 104 Brentwood Cir., Southlake, TX; Submitted a
Undecided About
Response FormNotification
stating on June 5, 2008 (attached). Submitted a
Opposed To
Response Form
stating on August 1, 2008 (attached).
Mohammad & Atiya Uddin (35),
Notification Response
11) 305 Boulder Dr., Southlake, TX; Submitted a
In Favor Of
Form
stating on June 5, 2008 (attached).
Tommie & Sharon Toups (62),
Notification
12) 1104 Bay Meadows Dr., Southlake, TX; Submitted a
In Favor Of
Response Form
stating on June 5, 2008 (attached).
Brian Zvonecek (90),
Notification Response Form
13) P.O. Box 93654., Southlake, TX;Submitted a
In Favor Of
stating on June 11, 2008 (attached).
Saw Partners Lp (Brentwood HOA) (55)
14) , 120 Brentwood Cir., Southlake, TX; Submitted a
Opposed To
Notification Response Form
stating on August 1, 2008 (attached).
Saw Partners LP (Glenn & Susan Jost) (51),
15) 116 Brentwood Cir., Southlake, TX; Submitted a
Opposed To
Notification Response Form
stating on August 1, 2008 (attached).
Case No. Attachment F
ZA08-031 Page 1
Nathan & Mary Pailes (53),
Notification Response
16) 108 Brentwood Cir., Southlake, TX; Submitted a
Opposed To
Form
stating on August 6, 2008 (attached).
Ashley & Cuong Nguyen (63)
Notification
17) , 1100 Bay Meadows Dr., Southlake, TX; Submitted a
Opposed To
Response Form
stating on August 7, 2008 (attached).
Cristobal & Gisela Ascencio (52),
Notification
17) 112 Brentwood Cir., Southlake, TX; Submitted a
Opposed To
Response Form
stating on August 13, 2008 (attached).
Sandra E. Birchfield (91),
Notification
18) 1715 N. Carroll Ave., Southlake, TX; Submitted a
Opposed To
Response Form
stating on August 13, 2008 (attached).
Marvin Williams (72),
Notification Response Form
19) 1525 N. Carroll Ave., Southlake, TX; Submitted a
Opposed To
stating on August 13, 2008 (attached).
Robin Lawler (65),
Notification Response Form
20) 1201 Whispering Lane, Southlake, TX; Submitted a
Opposed To
stating on August 13, 2008 (attached).
Jennie Hocking & Rob Lay (71),
Notification
21) 1515 N. Carroll Ave., Southlake, TX; Submitted a
Opposed To
Response Form
stating on August 13, 2008 (attached).
Jim Boudreaux (80),
Notification Response Form
22) 1510 N. Carroll Ave., Southlake, TX; Submitted a
Opposed To
stating on June 4, 2008 (attached) and submitted additional opposition response on
August 13, 2008 (attached).
Lance & Rhonda Hight (59),
Notification Response
23) 1709 N. Carroll Ave., Southlake, TX; Submitted a
Opposed To
Form
stating on August 13, 2008 (attached).
Viladeth & Bernadette Sanouvong (60),
Notification
24) 1101 Del Mar Drive, Southlake, TX; Submitted a
Opposed To
Response Form
stating on August 13, 2008 (attached).
Darryl Davis (67),Opposed To
25) 1404 Whispering Dell Ct., Southlake, TX; Submitted notice stating on
August 19, 2008 (attached).
Pamorama Properties Ltd. (Ken & Chantay Brown) (88),
26) 2005 N. White Chapel Blvd., Southlake,
Opposed To
TX; Submitted notice stating on August 19, 2008 (attached).
Juan J. & Jana Garcia (14),Opposed To
27) 809 Silverton, Southlake, TX; Submitted notice stating on
October 11, 2008 (attached).
Tom & Liz Carroll (6), 2020 Vail Road, Southlake, TX; Opposed To
28) Submitted notice stating on
October 31, 2008 (attached).
David & Karen Flexer (33), 917 Silverton St.Opposed To
29) , Southlake, TX; Submitted notice stating
on November 6, 2008 (attached).
Responses Received Within 200 Feet:
One-Hundred Twenty-Six (126)
Responses are attached as separate document.
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-564
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,
TRACTS 3 AND 4A1 SITUATED IN THE
TEXAS BEING DESCRIBED AS
A. CHIVERS SURVEY ABSTRACT NO. 299 AND TRACTS 1, 2, 3A, 3A1,
3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 SITUATED IN THE L. CHIVERS
SURVEY ABSTRACT NO. 300, BEING APPROXIMATELY 285 ACRES
,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT
“C-2” LOCAL RETAIL COMMERCIAL DISTRICT
DISTRICT AND TO
“ECZ” EMPLOYMENT CENTER ZONING DISTRICT
AS DEPICTED ON
THE APPROVED DEVELOPMENT PLAN AND INCLUDING THE USES
AND DEVELOPMENT STANDARDS 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
"NR-PUD" Non-Residential
“C-2” Local Retail Commercial District under the City's
Planned Unit Development District and
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 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:
Tracts 3 and 4A1 situated in the A. Chivers Survey Abstract No. 299 and Tracts 1, 2,
3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 situated in the L. Chivers Survey
Abstract No. 300, being approximately 285 acres, and more fully and completely
described in Exhibit "A" from "NR-PUD" Non-Residential Planned Unit Development
District, “C-2” Local Retail Commercial District To “ECZ” Employment Center
Zoning District as depicted on the approved development plan, including the uses and
development standards attached hereto and incorporated herein as Exhibit “B”, and
subject to the following specific 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.
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 public hearing thereon at least
ten (10) 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 ___________, 2008.
_________________________________
MAYOR
ATTEST:
Case No. Attachment G
1
ZA08-031 Page
_________________________________
CITY SECRETARY
Case No. Attachment G
2
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EXHIBIT “A”
(Reserved for Metes and Bounds)
Case No. Attachment G
3
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EXHIBIT “B”
(Reserved for approved Development Plan, Uses and Development Standards)
Case No. Attachment G
4
ZA08-031 Page
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
5
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