Item 6B
Department of Planning & Development Services
S T A F F R E P O R T
October 15, 2008
ZA08-052
CASE NO:
Zoning Change and Concept Plan for Miracle Point II (revised to Kimball Circle
PROJECT:
Estates)
REQUEST: On behalf of Kimball Circle Estates, LLC, JDJR Engineers & Consultants, Inc. is
requesting approval of a zoning change and concept plan from “AG” Agricultural
District and “I-1” Light Industrial District to “SF-20A” Single-Family Residential District
for six (6) residential lots on 4.554 acres.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change and site plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary No. 3, dated September 29, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN meeting report
Ordinance No.480-569
(H)
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Richard Schell (748-8602)
Case No.
ZA08-052
BACKGROUND INFORMATION
OWNER: Kimball Circle Estates, LLC
APPLICANT: JDJR Engineers & Consultants, Inc.
PROPERTY SITUATION: 703, 722, and 750 S Kimball Avenue
LEGAL DESCRIPTION: Tracts 6G, 6H & 6K, John A. Freeman Survey, Abstract No. 529
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: AG Agricultural District and I-1 Light Industrial District
REQUESTED ZONING: SF-20A Single Family Residential District
HISTORY: There is one existing home on the property that will remain.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan does not make any recommendations
for roadways adjacent to the proposed subdivision.
Existing Area Road Network and Conditions
The concept plan proposes to connect Miracle Pointe Drive to the
existing segments north and south of the property. Miracle Pointe Drive
is a two-lane, undivided, local residential street with a fifty foot (50’)
right-of-way.
This development is notexpected to warrant expansion of the existing
roadway network.
There are no traffic counts for this section of Miracle Pointe Drive.
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 6 57 1 3 4 2
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on Miracle Pointe Drive.
PATHWAYS
MASTER PLAN: Neither the Pathways Plan nor the Sidewalk Plan provide any
recommendations for this section of Miracle Pointe Drive. The applicant’s
Concept Plan represents their intent to install the required four-foot sidewalk
sections upon home construction.
WATER & SEWER: Water: This site will be serviced by a proposed 8-inch water line in Miracle
Pointe Drive that will connect to existing 8-inch water lines to the north and
Case No. Attachment A
ZA08-052 Page 1
south of the property.
Sewer: The applicant is proposing the installation of an 8” sewer line that will
serve the six residential lots. The proposed sewer line will connect to an
existing 8” sewer line in Miracle Pointe Drive to the south of the property.
DRAINAGE ANALYSIS: The drainage from this development is generally to the west. There is an
existing storm sewer pipe located along the south property line to serve this
development.
TREE PRESERVATION: The proposed development complies with the Existing Tree Cover Preservation
Requirements of the Tree Perseveration Ordinance.
P&Z ACTION: September 18, 2008; Approved (7-0) subject to Concept Plan Review
Summary No. 2, dated September 9, 2008 and recommending that the
development be immediately subject to the Erosion Protection and Sediment
Control Ordinance 946 upon approval of Ordinance by City Council and that the
applicant is to proceed with training as soon as staff is available to provide
such training to the applicant regarding compliance with the Erosion Protection
and Sediment Control Ordinance 946.
COUNCIL ACTION: October 21, 2008; Approved first reading (6-0) subject to the requirements of
the Erosion and Sediment Control Ordinance No. 946 and the applicant has
agreed to proceed with training as soon as it is available, and subject to
Concept Plan Review Summary No. 3, dated September 29, 2008.
STAFF COMMENTS: An opposition letter and photos showing erosion issues from the Cambridge
Place Homeowner’s Association are included as part of attachment ‘F’. Also
attached is Concept Plan Review Summary No. 3, dated September 29, 2008.
Case No. Attachment A
ZA08-052 Page 2
Case No. Attachment B
ZA08-052 Page 1
Link to PowerPoint Presentation
Case No. Attachment C
ZA08-052 Page 1
Concept Plan
Case No. Attachment C
ZA08-052 Page 2
CONCEPT PLAN REVIEW SUMMARY
ZA08-052Three09/29/08
Case No.: Review No.: Date of Review:
Lots 1-7, Block 2 Miracle Point IIConcept Plan
Project Name:
APPLICANT: JDJR Engineers & Consultants Owner: Kimball Circle Estates
Jim Dewey, Jr. Adel M. Elborai
2500 Texas Drive #100 722 S. Kimball Avenue
Irving, TX 75062 Southlake, TX 76092
Phone: (972) 252-5357 Phone: (817) 488-4444
Fax: (972) 252-8958 Fax: (817) 488-0672
e-mail: jdjr@jdjr.com e-mail: adel@memoparts.com;
aelborai@parknatl.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
09/29/08 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
1. The open space lot on the previously submitted plans has been incorporated into Lot 4, Block 2,
eliminating the need for a homeowner’s association and an open space management plan.
2. Correct the survey name from “John H. Freeman” to “John A. Freeman” in the title block.
Case No. Attachment D
ZA08-052 Page 1
2.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
TREE CONSERVATION:
* The proposed development complies with the Existing Tree Cover Preservation Requirements of the
Tree Perseveration Ordinance.
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the approved
Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved
by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities,
structures grading, and any other structure proposed to be constructed do not conflict with existing
trees intended to be preserved.
Case No. Attachment D
ZA08-052 Page 2
Public Works/Engineering Review
Cheryl Taylor, P.E
Civil Engineer
(817) 748-8100
GENERAL COMMENTS:
1. Public Works is concerned that the geometry of the intersection may limit sight distance. The
engineer will be required to demonstrate that sufficient sight distance is available when preparing
construction plans.
* Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
* For single family residences, hydrants shall be spaced a maximum of 400 linear feet apart for
unsprinklered and 600 linear feet for sprinklered residences.
* Fire hydrants and water meters shall be located in an easement or in the ROW.
* All public water and sanitary sewer lines in easements or in the ROW must be constructed to City
standards.
* There is an existing 8-inch diameter water line within the developments to the north and to the south
that will be connected with the construction of this development.
* There is an existing 8-inch diameter sewer line located along a portion of the southwest property line
which the developer may connect into to serve this development.
DRAINAGE COMMENTS:
1. The public storm sewer along Lot 1, Block 1 should be relocated to the street for maintenance access.
If a storm sewer is required to capture runoff from Lot 1, a private storm sewer system within a private
drainage easement would be acceptable.
2. Runoff from Lot 2, Block 1 will need to be redirected to the street or into a private storm sewer system
so as not to adversely impact the adjacent property. Lots 1 – 5 of Block 2 will also need to be
regraded to the street so as not to adversely impact the adjacent properties to the north.
3. Detention may be required with any new proposed construction. Describe how increased runoff from
site is being handled. Documentation supporting and certifying that detention is not necessary will be
required prior to approval of construction plans.
* All storm sewers collecting runoff from the public street shall be RCP. The proposed flume will not be
allowed.
4. Does the existing 18-inch storm sewer pipe along the south property line have enough capacity to
handle developed flows from this site?
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to
beginning construction.
* The drainage from this development is generally to the west. There is an existing storm sewer pipe
located along the south property line to serve this development.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit 5 copies of the civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan
checklist, standard details and general notes which are located on the City’s website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* 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.
Case No. Attachment D
ZA08-052 Page 3
* 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.
Case No. Attachment D
ZA08-052 Page 4
Community Service/Parks Department Review
Peter Kao
Construction Manager
(817) 748-8607
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting
fee credits. Please contact the Community Services Department at (817) 748-8607 for further details.
Land/park dedication requirements:
Requires residential park dedication fees in the amount of $3000 per lot x 7 lots= $21,000.00
Pathway Comments:
Should provide pedestrian access on both sides of private streets to and from Trail System connections.
Other informational comments?
Case No. Attachment D
ZA08-052 Page 5
Informational Comments:
* The existing residence shown to remain does not appear to meet the minimum floor area criteria
for the proposed/existing underlying zoning district. The structure may remain so long as it is
compliant with the provisions for a non-conforming structure as defined in the Zoning Ordinance
No. 480, as amended.
* All buildings or structures shall have a maximum lot coverage not exceeding thirty percent (30%)
of the lot area.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605, as amended.
* It appears that a portion of this property lies within the 65LDN D/FW Regional Airport Overlay
Zone and will require construction standards that meet requirements of the Airport Compatible
Land Use Zoning Ordinance No. 479.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan,
and building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
cc:
Case No. Attachment D
ZA08-052 Page 6
Surrounding Property Owners
Miracle Pointe II
SPO # Owner Zoning Land Use Acreage
1. Low Density Residential, Medium Density
Memo International, Inc I1 Residential, Industrial 3.84
2. Medium Density Residential, Public/Semi-
Rivertree Custom Homes SF20A Public 0.46
3. Medium Density Residential, Public/Semi-
Tbd Capital Investments Llc SF20A Public 0.46
4. Medium Density Residential, Public/Semi-
Tbd Capital Investments Llc SF20A Public 0.46
5. Medium Density Residential, Public/Semi-
Jefferies Custom Homes SF20A Public 0.46
6. Medium Density Residential, Public/Semi-
K Stone Company SF20A Public 0.46
7. Medium Density Residential, Public/Semi-
C Scott Lewis Homes Inc SF20A Public 0.47
8. Medium Density Residential, Public/Semi-
Rivertree Custom Homes Inc SF20A Public 0.48
9. Low Density Residential, Medium Density
Roussos, Christopher Etux Kare SF20A Residential, Public/Semi-Public 1.37
10.
Jamik Properties SF20A Medium Density Residential 0.53
11.
Jamik Properties Inc SF20A Medium Density Residential 0.48
12.
K Stone Company SF20A Medium Density Residential 0.46
13.
Tompkins, Taylor S SF20A Medium Density Residential 0.46
14.
Freeland Custom Homes Inc SF20A Medium Density Residential 0.46
Case No. Attachment E
ZA08-052 Page 1
15.
Ambiance Custom Homes Inc SF20A Medium Density Residential 0.40
16.
Cliff Lewis Custom Homes Llc SF20A Medium Density Residential 0.52
17.
Hryorchuk, John SF20A Medium Density Residential 0.46
18.
Fields, Troy SF20A Medium Density Residential 0.48
19.
Fields, Troy SF20A Medium Density Residential 0.50
20.
Miracle Pointe Development Lp SF20A Medium Density Residential 0.50
21.
Demelo, James Etux Misty SF20A Medium Density Residential 0.44
22.
Weekley Homes Lp SF20A Medium Density Residential 0.48
23.
Miracle Pointe Development Lp SF20A Medium Density Residential 0.93
24.
Denis, Melisa Etux Jean SF20A Medium Density Residential 0.68
25.
Jolley, Monte G SF20A Medium Density Residential 0.52
26.
Ervin, Richard L Etux Terri K SF20A Medium Density Residential 0.53
27.
Taylor, Bradley P Etux Deane SF20A Medium Density Residential 0.68
28.
Gerlach, Roger T Sr Etux Jeann SF20A Medium Density Residential 0.56
29. Low Density Residential, Medium Density
Cook, Earl T Jr Etux Deborah J SF20A Residential 0.62
30.
Nicastro, David W & Marian O1 Medium Density Residential 1.12
31. Medium Density Residential, Low Density
Nicastro, David W & Marian O1 Residential 0.14
32.
Elborai, Adel M AG Medium Density Residential 2.09
33.
Elborai, Adel M AG Medium Density Residential 1.93
34.
Lee, K Wayne I1 Medium Density Residential 0.65
Case No. Attachment E
ZA08-052 Page 2
Surrounding Property Owner Responses
Miracle Pointe II
Notices Sent:
Thirty-four (34)
Responses Received:
None (0) within 200’
One (1) outside of 200’
- Cambridge Place Homeowner’s Association - opposed subject to the
conditions in the attached letter.
Case No. Attachment F
ZA08-052 Page 1
Case No. Attachment F
ZA08-052 Page 2
Case No. Attachment F
ZA08-052 Page 3
Case No. Attachment F
ZA08-052 Page 4
Case No. Attachment F
ZA08-052 Page 5
Case No. Attachment F
ZA08-052 Page 6
SPIN MEETING REPORT
CASE NO.
ZA08-052
PROJECT NAME:
Kimball Circle Estates
SPIN DISTRICT:
# 8
MEETING DATE:
September 8, 2008
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Seven (7)
SPIN REPRESENTATIVE(S) PRESENT:
Pattie Minder, SPIN # 8
APPLICANT(S) PRESENTING:
Jim Dewey/JDJR Engineers and Amr Elborui/Owner
STAFF PRESENT:
Lorrie Fletcher, Planner I
STAFF CONTACT:
Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us
EXECUTIVE SUMMARY
Development Details
The zoning change and concept plan proposes a change in zoning from AG Agricultural District
and I-1 Light Industrial District to SF-20A Single Family Residential District. The concept plan
shows six (6) residential lots and one (1) open space lot on approximately 4.6 acres located in the
700 block of South Kimball Avenue.
QUESTIONS & COMMENTS
Major drainage concerns
Tree preservation; who will patrol the builders to ensure the trees that are supposed to stay
actually stay?
What will happen to the pond?
What size will these homes be?
The city needs to enforce laws regarding erosion control and construction trash
When will building start?
Will there be any retaining walls put up before construction starts to help with drainage problems?
Will there be a HOA and CCNR’s?
What route will the construction trucks take?
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is
neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the
public of the issues and questions raised by residents and the general responses made. Responses as summarized in
this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the
case through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment G
ZA08-052 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-569
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 AS TRACTS
6G, 6H AND 6K, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529,
BEING APPROXIMATELY 4.554 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT AND “I-1” LIGHT INDUSTRIAL
DISTRICT TO “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT,
AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”,
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
Case No. Attachment H
ZA08-052 Page 1
District and “I-1” Light Industrial District under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
Case No. Attachment H
ZA08-052Page 2
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:
Being legally described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract
Case No. Attachment H
ZA08-052Page 3
529, being approximately 4.554 acres, and more fully and completely described in
Exhibit “A” from “AG” Agricultural District and “I-1” Light Industrial District to “SF-20A”
Single Family Residential District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit “B,” and subject to the following
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 of buildings and encouraging the most
Case No. Attachment H
ZA08-052Page 4
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.
Case No. Attachment H
ZA08-052Page 5
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ____ day of _________, 2008.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment H
ZA08-052Page 6
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 H
ZA08-052Page 7
EXHIBIT “A”
Being legally described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract 529, being
approximately 4.554 acres, and more fully and completely described as follows:
Case No. Attachment H
ZA08-052Page 8
EXHIBIT “B”
Concept Plan
Case No. Attachment H
ZA08-052Page 9
Tree Conservation Plan
Case No. Attachment H
ZA08-052Page 10