Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
October 9, 2008
CASE NO: ZA08-078
PROJECT: Zoning change and Site Plan for Bicentennial Park
REQUEST: The purpose of this request is to change zoning of approximately 7 acres of land
acquired on the west side of Bicentennial Park from “AG” agricultural district to “CS”
community service district to match the developed portions of the park, and to receive
approval for the master concept plan (approx. 82 acres) and phase 1 site plan
approval (approx. 40 acres) which includes four ball fields, a concession and restroom
facility, staff offices, parking and landscape.
A variance is requested for the following items:
1) Lighting – A variance to allow sports lighting for the ball fields
a) Allow metal Halide Lighting for fields instead of high pressure sodium
b) Allow maximum intensity to exceed 20 ft. candles (max. ±70 ft. candles)
c) Allow spill over lighting to exceed 0.2 ft candles at residential property
lines (max. ±22 ft. candles)
2) Bufferyards - Except for the phase 1 construction boundary, bufferyards and
landscape will remain as it exists today. No new plantings will be provided in
the existing eastern phases of the park.
Staff was asked to address the following:
1. Look at how to buffer the sound of the batting cages;
Response - Staff and SRA are looking at two options: a) potential enclosure
to match concession/restroom building, and 2) potential sound proofing of
side and top walls with foam outfield fence padding
2. Reduce the parking spaces by 12 spaces;
Response -Staff does not recommend. The number of parking spaces in
the plan is what is required to support the operational usage of the park.
3. Additional plantings and possible fence options in the buffer area on the north side;
Response -Plantings in this area have been maximized based on the space
available. Plantings include: 17 evergreen trees (3” Live Oaks and 3”
Afghan Pines); 15 deciduous trees ( 3” Red Oaks, 4” Pecans, and 4” Bur
Oaks); smaller understory trees (2” Indian Cherry, 2” Mexican Plum, and 2”
Redbud); and 5 gallon wax myrtle shrubs spaced at 12 per 100’ as required.
4. Look at operating hours;
Case No.
ZA 08-078
Response -Current operating hours will continue to be enforced, as per the
FUA with SBA
5. Securing of fields and batting cages;
Response -Design already provides for locking the entire complex including
batting cages.
6. Utilization of lighting option #2;
Response -Design is incorporating option 2.
7. 5’ backboards for the outfield;
Response -Staff does not recommend based on safety, aesthetics, and cost
(estimated additional $40,000)
8. Any additional conversations with neighbors.
Response -I have spoken once with Marcus Wayland. He will not put
anything in writing but supports everything planned for the park and does
not want a concrete wall of any height. Would consider selling the property
at the right price. ( I think he wants to keep all his options open )
9. Any other pertinent information that needs to be conveyed to CC. Response –
Response -Visited Mansfield baseball complex to look at concrete walls.
Walls taller than 10ft will be unattractive and costly (+$400,000)
ACTION NEEDED: 1) Conduct a public hearing
2) Consider first reading approval for the zoning change and site plan.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Revised Site Plan Review Summary No. 1 dated October 15, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-576
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA 08-078
BACKGROUND INFORMATION
OWNER/APPLICANT: City of Southlake
PROPERTY SITUATION: Property is located 400 N. White Chapel Blvd., 300 and 450 W. Southlake
Boulevard and 275-315 Shady Oaks Drive, Southlake, Texas.
LEGAL DESCRIPTION: Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3,
1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 in the L.B.G.
Hall Survey Abstract No. 686
LAND USE CATEGORY: Public/Semi-Public & Medium Density Residential
CURRENT ZONING: “CS” Community Service District and “AG” Agricultural District
REQUESTED ZONING: “CS” Community Service District
P & Z ACTION: October 9, 2008; Approved (4-1), Commissioner Fagile dissented, subject to
the site plan review Summary No. 1 dated October 9, 2008, granting the
requested variances and subject to the City staff meeting with neighbors along
the north boundary to discuss the possibility of additional buffering.
CITY COUNCIL ACTION: October 21, 2008; Approved (5-0)subject to the presentation by staff tonight;
granting the requested variances; asking staff to research items that have
been listed by Council: confirming use of evergreen trees where possible along
the north boundary of the park; investigating some sort of noise barrier at the
batting cages; asking staff to look at wall options (8’ or 10’ wall options ) and
make contact with the adjacent landowner to get his input on the wall options;
utilizing lighting option #2; asking staff to further look at the operating hours
and work in conjunction with the SBA and other associations and see what
operating hours will be set for the park; asking staff to look at security for the
ball fields in terms of perhaps securing the batting cages with the assistance of
the SBA; asking staff to look into five-foot backboards on the outfield fences;
asking staff to look at the impact of removal of 12 parking spaces as
suggested; and subject to Revised Site Plan Review Summary No. 1, dated
October 15, 2008.
STAFF COMMENTS: Attached is Review Summary No. 1 dated October 9, 2008. Peter Kao,
Construction Manage with Community Services of the City of Southlake met
with the residents present at the meeting on Friday October 10, 2008. The
residents requested a masonry wall along the north boundary of the park
similar to the wall along the southern boundary of the Shops of Southlake. In
response, Community Services acquired an estimate for such a wall which
would cost approximately $300,000 for the Phase 1 boundary and
approximately $600,000 for the entire northern boundary. An 8 feet tall wood
fence currently exists along the eastern portion of the north boundary line and a
6 feet tall wood fence exists along the west portion of the north boundary.
Community Services removed the previous variance requested on screening
and has indicated that they will replace the 6 feet tall wood fence with an 8 feet
tall wood fence which will be extended to Shady Oaks Drive along the north
boundary.
Case No. Attachment A
ZA 08-078 Page 1
Case No. Attachment B
ZA 08-078 Page 1
Plans and Support Information
Lighting Variance Letter
Case No. Attachment C
ZA 08-078 Page 1
SITE PLAN REVIEW SUMMARY
ZA08-0078One10/15/08
Case No.: Revised Review No.: Date of Review:
Site Plan
Project Name: – Bicentennial Park
APPLICANT: ARCHITECT:
City of Southlake –Community Services Schrckel, Rollins & Associates
Peter Kao
Phone: (817) 748-8607 Phone: (917) 649-3216
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
10/01/08 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
DENNIS KILLOUGH AT (817) 748-8072.
ZA08-078
1. Place the City case number “" in the lower right corner for ease of reference.
2. Label the adjacent properties and properties across adjoining R.O.W.'s with owner's name,
existing zoning, and land use map designation ("L.U.D.=_____")
3. The following changes are needed regarding driveways:
a. Show deceleration lanes along Shady Oaks and White Chapel.
b. The driveway at the southwest corner of the property accessing Shady Oaks does not
meet the spacing requirements from an existing driveway to the south. Reconfigure the
driveway(S) such that they meet the minimum 1550 spacing between centerlines and do
not conflict with any existing commercial driveways or streets across the roadway.
4. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of
(Variance is requested to allow sports lighting)
lighting, intensity, glare and spill-over.
5. Provide a minimum 8’ screening device meeting the requirements of Ordinance 480, Sections 33
and 39 along all boundaries abutting residential property. An 8 feet tall wood fence currently exists
along the eastern portion of the north boundary line. A 6 feet tall wood fence exists along the west
portion of the north boundary. Community Services has indicated that they will replace the 6 feet
tall wood fence with an 8 feet tall wood fence which will be extended to Shady Oaks Drive along
the north boundary. Show and label on the plans.
6. Bufferyards are required along the full perimeters of the property in accordance with Ord. 480,
Variance Requested –Bufferyard plantings are proposed for the Phase 1
Sections 42 & 43. (
boundary only, no new plantings are proposed on the existing phases
.)
TREE CONSERVATION COMMENTS:
1. In addition to the existing condition and removal plan provided, please provide a detailed
Tree Conservation Plan clearly delineating which existing trees are proposed to be removed
and which existing trees are proposed to be preserved. Provide information of the species
and trunk diameter of all existing trees. The submitted review set of plans show which trees
are proposed to be removed but no information is provided regarding their species and trunk
Case No. Attachment E
ZA 08-078 Page 1
diameter.
2. Modify the grading plan such that the critical root zones of the trees shown to be preserved
will not be adversely affected. The existing trees directly in front of and in back of the
Evan’s house are proposed to be preserved. The grading proposed between the new
parking lot and the existing house is not conducive to the preservation of the existing trees.
Grading ranging from 1’ – 3’ for drainage throughout the area and to catch drainage from
the parking lot is proposed within the critical root zone area of the trees. It looks like it would
be possible to divert the drainage from the parking lot further south so drainage through the
front yard of the Evan’s house would be avoided and less grading would occur around the
trees.
* Most all of the existing trees within the north portion of the park are in poor condition and
are not recommended for preservation. Most all of them are volunteer and invasive species
that have grown from the lack of maintenance on the property. Because of their condition
many of them would quickly be considered too hazardous to remain in public park setting.
Only most of the trees surrounding the Evan’s house and the along the right-of-way of
Shady Oak are in healthy condition and can be maintained to provide a safe environment in
the park.
BUFFERYARDS:
1. Please label all required bufferyards and provide bufferyard summary charts.
* Bufferyards and landscape shown for this phase of construction exceed minimum
requirements.
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 lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605, as amended.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan,
and building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment E
ZA 08-078 Page 2
Surrounding Property Owners
Bicentennial Park
SPO # Owner Zoning Land Use Acreage Response
1.
Garcia, Manuel F Etux Maria G SF1-A Low Density Residential 0.98
2.
Harvey, Robert Jr & Suzanne S SF1-A Low Density Residential 1.06
3.
Whitney, Scott Etux Janine SF1-A Low Density Residential 0.97
4.
Current Owner SF1-A Low Density Residential 1.00
5.
First American Savings Banc SP2 Retail Commercial 1.17
6. Public Park/Open Space, Retail
Bicentennial Fin Center Lp SP2 Commercial 1.17
7. Medium Density Residential, Office
Dana's Studio Of Dance Inc C2 Commercial 0.75
8. Medium Density Residential, Office
Dana's Studio Of Dance Inc C2 Commercial 0.72
9. Public Park/Open Space, Retail
Inland Western Slake Suntree SP2 Commercial 7.74
10.
Inland Western Slake Suntree SP2 Retail Commercial 0.90
11. Public Park/Open Space, Retail
Southlake, City Of CS Commercial 1.58
12.
Stacy, Randall W SF1-A Low Density Residential 1.08
13.
Highberger, Rhonda Etvir Larry SF1-A Low Density Residential 1.10
14. Medium Density Residential, Low
Stacy, Roy J SF1-A Density Residential 5.69
15.
Stacy, Ronald T Etux Barbara K SF1-A Low Density Residential 1.08
16. Low Density Residential, Office
Wyndham Properties Ltd SP1 Commercial 1.02
17.
Wyndham Properties Ltd SP1 Office Commercial 1.10
18.
Bailey, Stephen Etux Ann SF30 Medium Density Residential 1.06
19.
Coffey, Craig C Etux Carole L SF20A Medium Density Residential 0.65
Case No. Attachment F
ZA 08-078 Page 1
20. Medium Density Residential, Low U
James, Rhonda & Cassie James SF1-A Density Residential 3.17
21. Public Park/Open Space, Retail
White House Exe Center Lp C2 Commercial 1.60
22.
Teal, Suzanne SF1-A Low Density Residential 0.86
23.
Sharif, Nazma Etvir Reaz SF1-A Low Density Residential 1.02
24.
Cox, Charles SF1-A Low Density Residential 0.94
25.
Gillette, Donald Etux Cynthia SF20A Medium Density Residential 0.46
26. Medium Density Residential, Public
Martin, Christopher L SF20A Park/Open Space 0.58
27. Medium Density Residential, Public
Upshaw, Gail L SF20A Park/Open Space 0.47
28. Medium Density Residential, Public
Jackson, Geo T Jr Etux Barbara SF20A Park/Open Space 0.45
29.
Smith, Paul Etux Deborah SF20A Medium Density Residential 0.45
30. Medium Density Residential, Public
Fernandez, Raul A Etux Janice SF20A Park/Open Space 0.46
31. Medium Density Residential, Public
Mediate, V S Etux Christine SF20A Park/Open Space 0.45
32. Medium Density Residential, Public
Welch, David E & Karyn Antala SF20A Park/Open Space 0.46
33. Medium Density Residential, Public
Crittendon, Joe C Etux Dana L SF20A Park/Open Space 0.45
34. Medium Density Residential, Public
Jefferies, Lan Bui SF20A Park/Open Space 0.46
35. Medium Density Residential, Public
Stefanko, Edward P Etux Tricia SF20A Park/Open Space 0.47
36. Medium Density Residential, Low
Zitnik, James K Etux Siv M SF20A Density Residential 0.69
37. Medium Density Residential, Low
Owen Land & Properties Inc AG Density Residential 19.84
38. Low Density Residential, Office
Fountain Five Zero Two Tr AG Commercial 9.96
39.
Clardy-Ruffner C2 Office Commercial 0.94
40. Public Park/Open Space, Retail
Southlake Oaks Llc C2 Commercial 2.56
41. Public Park/Open Space, Retail
Southlake Oaks II Llc C2 Commercial 2.20
42. Medium Density Residential, Low
Powell, Timothy Etux Cheryle SF1-A Density Residential 1.88
43. O
Campbell, John E Etux Carla SF1-A Low Density Residential 1.80
44.
Nathan, Francis Etux Lisa SF1-A Low Density Residential 1.95
45.
Pillow, Timothy Etux Claudia SF1-A Low Density Residential 1.92
46.
Broadstone Custom Homes Inc SF1-A Low Density Residential 1.92
47. Public Park/Open Space, Retail
Gte Southwest Inc CS Commercial, Public/Semi-Public 0.43
48.
Terra/Statfort Office Lp C2 Office Commercial 2.15
49. 100-Year Flood Plain, Office
Commercial, Medium Density
Lechler, Gloria Etal O1 Residential 14.76
50. Medium Density Residential, Low
Density Residential, Public Park/Open
Southlake, City Of CS Space 9.57
51. Public Park/Open Space, Retail
Southlake, City Of CS Commercial 10.29
52.
Southlake, City Of CS Public Park/Open Space 1.04
Case No. Attachment F
ZA 08-078 Page 2
53. Public Park/Open Space, Retail
Southlake, City Of CS Commercial 4.97
54. Public Park/Open Space, Retail
Southlake, City Of CS Commercial 2.89
55.
Southlake, City Of CS Public Park/Open Space 7.76
56. Public Park/Open Space, Medium
Southlake City Of AG Density Residential 2.91
57. Low Density Residential, Public
Park/Open Space, Medium Density
Southlake, City Of CS Residential 15.73
58. Low Density Residential, Public
Park/Open Space, Medium Density
Southlake, City Of CS Residential 2.90
59. Medium Density Residential, Low
Density Residential, Public Park/Open
Wayland, Marcus AG Space 4.99
60. Public Park/Open Space, Medium
Density Residential, Retail Commercial,
Southlake, City Of CS Public/Semi-Public 8.15
61. Public Park/Open Space, Medium
Southlake, City Of AG Density Residential 13.96
62. Public Park/Open Space, Retail
Southlake, City Of CS Commercial 0.66
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment F
ZA 08-078 Page 3
Surrounding Property Owner Responses
Bicentennial Park
Notices Sent:
Sixty-two (62)
Total Responses Received:
Four (4)
Within 200 Foot Buffer:
Attached Below
Two (2) –
Outside 200 Foot Buffer:
Attached in separate document.
Two (2) –
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-576
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF
LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
DESCRIBED AS TRACTS 2A AND 3C1 SITUATED IN THE
LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686,
SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING
APPROXIMATELY 6 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM “AG”
AGRICULTURAL DISTRICT TO “CS” COMMUNITY SERVICE
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
Case No. Attachment H
ZA 01-126 Page 1
public health, safety, morals and general welfare, all in accordance with a comprehensive
plan; and
WHEREAS,
the hereinafter described property is currently zoned as “AG”
Agricultural District uses 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
Case No. Attachment H
ZA 08-078 Page 2
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.
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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 2A and 3C1, situated in the Littleberry G. Hall Survey, Abstract No.
686, Southlake, Tarrant County, Texas, and being approximately 6 acres and more
fully and completely described in Exhibit "A" from “AG” Agricultural District as
depicted on the approved Site Plan attached hereto and incorporated herein as
Exhibit “B”.
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.
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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.
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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.
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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:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________,
2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT "A"
Being Tracts 2A and 3C1, situated in the Littleberry G. Hall Survey, Abstract No. 686,
Southlake, Tarrant County, Texas, and being approximately 6 acres and being more
particularly described by metes and bounds as follows:
(Reserved for Metes and Bounds)
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EXHIBIT "B"
(Reserved for Approved Site Plan)
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