Item 6BCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
November 14, 2007
ZA07-063
CASE NO:
Zoning Change and Development Plan for Winfield Estates
PROJECT:
REQUEST: On behalf of Mary Wilson, Boscoe Construction, Inc. is requesting approval of a
Zoning Change and Development Plan from “AG” Agricultural District and “C-2”
Local Retail Commercial to “R-PUD” Residential Planned Unit Development. The
Development Plan proposes 12 single-family residential lots and 1.45 acres of open
space on 9.14 acres.
Following the Planning and Zoning Commission hearing on September 6, 2007 for this
item, the applicant revised the plan from 13 single family residential lots to 12, reducing
the density from 1.42 du/ac to 1.31 du/ac. The open space along N. Carroll Avenue
has been widened and an additional area was added along E. Dove Street at the end of
the cul-de-sac, increasing the total open space from 0.94 acre (±10%) to 1.40 acres
(±15%). Additionally, the regulation removing the minimum 125’ rear lot width
required on buffer lots was eliminated. A summary of the proposal follows:
Original Plan Revised Plan
Existing Zoning AG & C-2 AG & C-2
Proposed Zoning R-PUD R-PUD
Medium Density Res. Medium Density Res.
Land Use Designation
Low Density Residential Low Density Residential
Gross Acreage 9.14 Ac. 9.14 Ac.
Net Acreage 8.20 Ac. 8.37 Ac.
Area of Open Space 0.94 Ac. (10%) 1.40 Ac. (15%)
Number of Res. Lots 13 12
Gross Density 1.42 du/ac 1.31 du/ac
Net Density 1.59 du/ac 1.43 du/ac
Minimum Lot Size 20,002 sq. ft. 20,000 sq. ft.
Maximum Lot Size 26,897 sq. ft. 25,445 sq. ft.
Average Res. Lot Size 21,413 sq. ft. 21,625 sq. ft.
The R-PUD zoning will follow the uses and regulations of the “SF-20A” Single Family
Residential District and the City of Southlake Subdivision regulations with the
following exceptions:
Minimum Lot Width = 90 feet
Buffer Lots = Buffer lots of 30,000 sq. ft. adjacent to certain lots shall not apply
Case No.
ZA07-063
Upon first reading, City Council requested that the applicant return to second reading
with the following:
Council Request Applicant’s Action
Bring a new tree survey which clearly New Tree Conservation Plan does not
identifies the marginal and quality trees quantify the caliper inches to be saved,
and quantifies the caliper inches to be removed, and added to the site; it also
saved, removed, and added to the site reflects the previous development plan.
Provide minimum 4” caliper canopy The Landscape Plan represents all
trees trees to be a minimum of 4” caliper.
Provide better renderings of the entry, Revised rendering of retention pond
fencing and open space and entry provided.
Provide a new drainage plan Provided
Provided, however the plan does not
Provide a new Landscape Plan for City
reflect the placement of mitigated trees
Council’s review
to be added by future home builders.
Work with TXU to place utilities
Not provided.
underground
Sewer is provided to all proposed lots;
however the Utility Plan of 10/9/07
Make sewer available where possible
does not provide a sewer stub to
property adjacent to the west.
Provide a revised Development Plan that
shows the brick column and wrought Not shown on Development Plan of
iron fence to “wrap” around the 10/9/07.
northwest and southeast corners
The Planning & Zoning Commission recommended denial (5-2) of this item which
imposes a super-majority vote of City Council in order to approve this item.
1. Conduct public hearing
ACTION NEEDED:
2. Consider approval of second reading for zoning change and development
plan.
Case No.
ZA07-063
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Development Plan Review Summary No. 6, dated November 14, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-534
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Clayton Comstock (748-8269)
Case No.
ZA07-063
BACKGROUND INFORMATION
OWNER:
Mary Wilson
APPLICANT:
Boscoe Construction, Inc.
PROPERTY SITUATION:
1107 & 1155 E Dove St. and 2210 N Carroll Ave.
LEGAL DESCRIPTION:
Tracts 1, 1C, & 1C1, A.H. Chivers Survey, Abstract No. 299
LAND USE CATEGORY:
Medium Density Residential and Low Density Residential
CURRENT ZONING:
“AG” Agricultural District and “C-2” Local Retail Commercial District
REQUESTED ZONING:
“R-PUD” Residential Planned Unit Development District
HISTORY:
There is no recent development history on these unplatted properties.
The building at the corner of Dove and Carroll (previously a day-care) was
built in 1967 (Source: TAD)
The residence at 1107 E Dove Rd was built in 1984 (Source: TAD)
TRANSPORTATION
ASSESSMENT:
Mobility & Master Thoroughfare Plan
The functional street classification of North Carroll Avenue is a 2-lane
Arterial with an 88-foot Right-of-Way. The appropriate amount of right-of-
way is being dedicated on both Carroll Avenue and Dove Street with this
proposal.
Existing Area Roadway Network
Winfield Estates will have one access point on North Carroll Avenue.
Although adjacent, no access to Dove Street is provided.
North Carroll Avenue is currently a 2-lane undivided roadway without curb
and gutter. The table below shows the traffic on this segment of N. Carroll
Avenue between E. Highland Street and E. Dove Street from 2004 – 2006.
2006 2006
2004 2005 2006
AM PEAK PM PEAK
212 227
West
2,159 1,752 1,787
Bound
7:30 – 8:30 3:00 – 4:00
265 159
East
1,959 1,635 1,685
Bound
7:30 – 8:30 3:30 - 4:30
Source: City of Southlake 2006 Traffic Count Report
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Traffic Impact
The traffic impact of the proposed development is as follows:
Use # VtpdAM-AM-PM-PM-
Lots * IN OUT IN OUT
Number of Single-Family
12 115 2 7 8 4
Residential Lots
*Vehicle Trips Per Day
Completion of this development will add approximately 115 vehicle trips per
day to this section of N. Carroll Avenue, bringing that roadway to an
estimated 3,587 vehicle trips per day.
PATHWAYS
MASTER PLAN:
The Subdivision Ordinance requires 4 foot sidewalks (minimum) along both
sides of all streets. The required sidewalks are shown on both sides of the
proposed street and along the south side of Dove Street and the west side of
Carroll Avenue.
SOUTHLAKE 2025:
The underlying land use designation is Medium Density Residential on the
eastern portion of the property and Low Density Residential on the western
portion. There is also a Rural Conservation optional designation on the
entire site. Since the property is less than 20 acres in size, it is too small to
be developed as a rural conservation subdivision.
The proposed development is consistent with the Medium Density
Residential designation. A Comprehensive Plan Amendment application was
submitted to change the entire site’s underlying designation to Medium
Density Residential, however staff has determined this change is not required
to proceed with the zoning change and concept plan request.
WATER & SEWER:
Water: The development will tie into an existing 6-inch water line in N.
Carroll Avenue and E. Dove Street.
Sewer: The development will tie into an existing 6-inch sanitary sewer line in
N. Carroll Avenue.
DRAINAGE ANALYSIS:
The developer proposes to drain the majority of this site to the provided wet
retention pond in the northeast corner of the development.
TREE PRESERVATION:
See attached Development Review Summary (Attachment D)
P&Z ACTION:
September 6, 2007; Approved to table until September 20, 2007.
September 20, 2007; Denied (5-2)
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COUNCIL ACTION:
October 2, 2007; Approved first reading (6-0):
1)Development Pan Review Summary No. 5 dated September 14,
2007;
2)The applicant’s representations made this evening;
3)Noting there will be no front entry garages;
4)Bring a new tree survey which:
a.Clearly identifies the marginal and quality trees;
b.Quantifies the caliper inches to be saved removed and added to the
site;
c.Evaluates and quantifies the number of blue trees which can be or
have been changed to green and providing an explanation on why
any cannot be saved;
5)Provide minimum 4” caliper canopy trees;
6)Provide better renderings of the entry, fencing and open space;
7)Provide a new drainage plan;
8)Subject to the handouts provided this evening;
9)Make sewer available where possible;
10)Provide a new Landscape Plan for City Council’s review;
11)Work with TXU to place utilities underground.
October 16, 2007; Approved to table second reading until November 6,
2007.
November 6, 2007; Approved to table second reading until November 20,
2007.
STAFF COMMENTS:
Attached is Development Review Summary No. 5, dated September 14,
2007.
The Planning & Zoning Commission recommended denial (5-2) of this
item which imposes a super-majority vote of City Council in order to
approve this item.
N:\Community Development\MEMO\2007cases\07-063ZDP.doc
Case No. Attachment A
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Case No. Attachment B
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PREVIOUSLY SUBMITTED DEVELOPMENT PLAN
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REVISED DEVELOPMENT PLAN
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TREE CONSERVATION PLAN
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TREE PLANTING PLAN
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LANDSCAPE PLAN
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DEVELOPMENT PLAN RENDERING
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CONCEPTUAL RENDERING OF
RETENTION POND / OPEN SPACE LOT
CONCEPTUAL RENDERING OF WINFIELD
ESTATES ENTRY OFF CARROLL AVENUE
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA07-063Six11/14/07
Case No.: Review No.: Date of Review:
Zoning Change & Development Plan – Winfield Estates
Project Name:
APPLICANT: ENGINEER:
Roscoe Construction, Inc. GSWW, Inc.
2250 Pool Rd; Ste 200 3950 Fossil Creek Blvd; Ste 210
Grapevine, TX 76051 Fort Worth, TX 76137
(817)283-6630 (817)306-1444
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/09/07 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 CLAYTON COMSTOCK AT (817) 748-8269.
PLANNING COMMENTS
1.As the Development Plan shows all lots to have a 35-foot front yard setback, remove the statement
in the R-PUD district regulations that allow for 30-foot front yard setbacks on cul-de-sacs and
corner lots.
2.As the Development Plan shows all lots to have a 125-foot rear property line width adjacent to the
"SF-1A" property to the west, remove the regulation in the R-PUD district regulations that asks for
a waiver of this requirement.
3.Correct the lot numbering (skips from Lot 9 to Lot 11)
4.Either provide an HOA Wall Easement on Lot 11 or shift the development’s perimeter fence/wall
entirely within the HOA/Open Space Lot(s) / Bufferyards.
5.Show and label the sidewalk and width of sidewalk connection from the interior sidewalk network
to the sidewalk along E. Dove St.
One revised copy incorporating all conditions of zoning approval is required to be submitted if
*
approved by City Council.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
Any variance requests have to be documented in writing and fully justified.
*
* 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,
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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.
TREE CONSERVATION COMMENTS
* The Tree Conservation Plan breaks down the existing trees as trees to be saved, trees to be removed,
and trees to be mitigated or try to be saved. The trees that are proposed to be removed are within
house pads and the right-of-way. Trees that are shown to be mitigated are outside of the house pads
and right-of-way but topography grade changes within areas where the trees exist would most likely
require that they be removed. Retention walls and tree wells can be utilized to attempt to preserve
some of the trees but there would need to be additional underground drainage or storm drains provided
on lots where trees are placed in tree wells.
If trees are required to be mitigated the developer or builder shall follow the regulations for tree
replacement outlined in Ordinance 585-C. It is at the discretion of the City as which form of tree
mitigation will be required, either payment into the reforestation fund, planting trees back on site, or a
combination of both. If mitigation trees are required to be planted on a site then at the time a Tree
Permit is applied for to remove a tree/s, a tree mitigation plan shown where the trees will be planted
and must be submitted as a part of the permit application. Payment into the Reforestation Fund is set by
ordinance at $200 per diameter inch of tree removed, not to exceed $2,000 per incident.
* 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.
LANDSCAPING COMMENTS
* The applicant provided a Landscape Plan for the bufferyard areas along Dove Street and North Carroll
Avenue. A wrought iron fence with stone columns is proposed to be constructed within a portion of
the north and east buffereyards and along the north and east property lines. Some of the plant material
is shown to be provided in front of the fence and some is shown to be behind the fence but can be seen
through the wrought iron sections of the fence. This is allowable.
* Should a property owner choose to place a fence/wall on the perimeter of a property adjacent to the
right-of-way (R.O.W.), the wall must be 10’ off the R.O.W. or may vary back and fourth within the 10’
offset. If wall offset varies, some of the required landscape canopy trees may be behind the wall while
the remainder of the plantings must be in front of the wall or visible from the street (i.e. wrought iron
fence).
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DRAINAGE COMMENTS
* The difference between pre and post development runoff shall be captured in the detention pond. The
proposed detention pond outlet shall control the outfall for the 5, 10 and 100 year storm events.
* Note: 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.
* Driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer.
* There is no Critical Drainage Structure fee associates with this development.
* 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.
* 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 will 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 approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for
consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
* Denotes Informational Comment
Case No. Attachment D
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Surrounding Property Owners
Winfield Estates
SPO #
Owner Zoning Land Use Acreage
1.
O1 Medium Density Residential 1.278
Gist, Greg L
2.
RPUD Medium Density Residential0.63
Tuscany American Homes Inc
3.
RPUD Medium Density Residential0.818
Gray, Vince P
4.
RPUD Medium Density Residential0.765
Psj Properties Ltd
5.
RPUD Medium Density Residential0.744
Simmons Estates Homes I Lp
6.
RPUD Medium Density Residential0.624
Hatfield Custom Homes Ltd
7.
RPUD Medium Density Residential0.625
Depperman, Chris Etx Tracey
8.
RPUD Medium Density Residential1.541
Terra/Estes Park II Lp
9.
SF1-A Low Density Residential 1.342
Martinez, Keith A Etux Deborah
10.
CS Public/Semi-Public 28.218
Carroll ISD
11.
SF1-A Low Density Residential1.987
Anderson, Steven Etux Cheryl
12.
SF1-A Low Density Residential2.347
Miller, Michael Etux Cynthia
13.
C2 Medium Density Residential 4.298
Mlwilson I Ltd
14.
AG Medium Density Residential 0.97
Barnes, David Clifton
15.
AG Low Density Residential2.898
Guest, Mark Timothy
16.
AG Low Density Residential1.935
Ml Wilson I Ltd
17.
CS Public/Semi-Public 0.13
Priddy, David Joe
18.
AG Low Density Residential1.473
Hall, Harvey E Etux Sarah D
19.
SF20B Low Density Residential0.487
Eastwood, William & Kollis
Case No. Attachment E
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20.
AG Low Density Residential5.08
Bhogavalli, Narasimha R
Case No. Attachment E
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Surrounding Property Owner Responses
Winfield Estates
Notices Sent: Twenty (20).
Responses Receive: Four (4).
In Favor
Simmons Estates Homes (SPO #5),
3110 W Southlake Blvd, submitted a Notification
Favor
Response Form in on September 4, 2007 (see attached).
Opposed
David Barnes (SPO #14),
2110 N Carroll Ave., submitted a Notification Response Form in
Opposition
on September 6, 2007 (see attached).
Undecided
David Priddy (SPO #17),
Northwest Corner of N. Carroll Ave. and E. Dove, submitted a
Undecided
Notification Response Form stating on September 6, 2007 (see attached).
Steven & Cheryl Anderson (SPO #11),
975 E Dove Rd., submitted a Notification Response
Undecided
Form stating on September 6, 2007 (see attached).
Outside 200 Feet
Frank Bliss, Concerns
1008 Quail Run Road., submitted a Letter stating on September 6,
2007 (see attached).
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-534
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 1, 1C, & 1C1, SITUATED IN THE A.H.
CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 9.14
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
“A” FROM “AG” AGRICULTURAL DISTRICT AND “C-2” LOCAL RETAIL
COMMERCIAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT WITH “SF-20A” SINGLE FAMILY RESIDENTIAL
DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN,
INCLUDING “PUD” 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 as “AG” Agricultural District and
“C-2” Local Retail Commercial 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
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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
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concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed
on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299, being
approximately 9.14 acres, and more fully and completely described in exhibit “A” from “AG”
Agricultural District and “C-2” Local Retail Commercial District to “R-PUD” Residential
Planned Unit Development District with “SF-20A” Single Family Residential District uses as
depicted on the approved Development Plan, including “R-PUD” development standards,
attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific
conditions:
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
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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,
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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
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 _________, 2007.
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_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of __________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299, being approximately 9.14
acres:
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EXHIBIT “B”
Developer's Narrative Letter
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Development Plan
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Tree Conservation Plan
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DEVELOPMENT PLAN RENDERING
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CONCEPTUAL RENDERING OF
RETENTION POND / OPEN SPACE LOT
CONCEPTUAL RENDERING OF WINFIELD
ESTATES ENTRY OFF CARROLL AVENUE
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