Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
December 12, 2007
ZA07-122
CASE NO:
Zoning Change and Site Plan for Liberty Park at Sheltonwood
PROJECT:
REQUEST: The City of Southlake Department of Community Services is requesting the
approval of a Zoning Change and Site Plan from “SF-1A” Single Family
Residential District to “CS” Community Service District for Liberty Park at
Sheltonwood on a tract of land of approximately 17.77 acres. The plan
proposes the development of trails, a parking area, pavilion, and restroom
building. Additional trails are also shown to be part of future phases of the
park.
The following variance is being requested:
Driveway spacing – The minimum driveway spacing required is 250 feet
between driveway centerlines on an arterial street. The applicant is
requesting a distance of ±190 feet to the off-site driveway to the east.
(Driveway Ord. No. 634, Section 5.1)
Driveway width – The maximum driveway width allowed is 40 feet. The
applicant is requesting a width of ±45 feet. (Driveway Ord. No. 634,
Section 5.1)
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
Site Plan Review Summary No. 3, dated November 14, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-539
(H) Full Size Plans (for Commission and Council Members Only)
Case No.
ZA07-122
STAFF CONTACT: Ken Baker (748-8067) or Ben Bryner (748-8602)
Case No.
ZA07-122
BACKGROUND INFORMATION
OWNER/APPLICANT: City of Southlake
PROPERTY SITUATION: 570 & 590 E. Dove St.
LEGAL DESCRIPTION: Tract 1C1A and a portion of Tract 1A, J.W. Chivers Survey, Abstract
No. 350
LAND USE CATEGORY: Public Parks / Open Space
CURRENT ZONING: “SF-1A” Single-Family Residential District
REQUESTED ZONING: “CS” Community Service District
HISTORY: There is no development history on this property. The “SF-1A” Single
Family Residential Zoning was placed on the property with approval of
Zoning Ordinance No. 480 on September 19, 1989.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends E. Dove Street to be a 2-
lane, undivided arterial with 88 feet of right-of-way.
Existing Area Road Network and Conditions
The development is proposing one (1) direct access onto E. Dove
Street, a 2-lane, undivided arterial roadway. This development will
generate approximately 28 vehicle trips per day.
May 2006 traffic counts on E. Dove Street (between Carroll
Avenue and White Chapel Boulevard)
24hr 2,0322,125
West Bound (WB) () East Bound (EB) ()
WB 336221
Peak A.M. () Peak P.M. ()
7:30—8:30AM3:30—4:30PM
EB 378230
Peak A.M. () Peak P.M. ()
7:30 – 8:30
3:00 – 4:00 PM
AM
Traffic Impact
Use Acres Vtpd*
City Park 17.77 28
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on E. Dove Street.
Case No. Attachment A
ZA07-122 Page 1
PATHWAYS
MASTER PLAN: The Pathways Master Plan recommends an 8-foot multi-use trail along
the north side of E. Dove Street.
WATER & SEWER: A 12-inch water line exists along the south side of E. Dove Street. An
8-inch sanitary sewer line exists along the south side of E. Dove Street.
TREE PRESERVATION: Please ensure that the proposed sidewalk/trails do no conflict with the
existing trees critical root zones and that they can be constructed at or
close to grade where they cross the area of critical root zones of the
large trees on the property.
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan
SOUTHLAKE 2025:
Recommendations
An 8 foot trail is required along Dove per the Southlake Pathways Plan.
P&Z ACTION: November 8, 2007; Approved (7-0) subject to Site Plan Review
Summary No. 2, dated November 2, 2007; granting the requested
variance.
COUNCIL ACTION: November 20, 2007; Approved to table (7-0) to the December 4, 2007
City Council meeting.
December 4, 2007; Approved first reading (6-0) granting the requested
variances and subject to Site Plan Review Summary No. 3, dated
November 14, 2007.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 14,
2007.
N:\Community Development\MEMO\2007cases\07-122ZSP.doc
Case No. Attachment A
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Case No. Attachment B
ZA07-122 Page 1
Concept Plan/Site Plan
Case No. Attachment C
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Site Plan
Case No. Attachment C
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Variance Exhibit
Driveway Width:
Max. Allowed = 40 ft
Driveway Spacing:
Prov. = ±45 ft
Req’d = 250 ft
Prov. = ±190 ft
(Approximate location
of off-site drive)
Case No. Attachment C
ZA07-122 Page 3
Trail Layout Plan
Case No. Attachment C
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Trail Layout Plan
Case No. Attachment C
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Pavilion Plan Detail
Case No. Attachment C
ZA07-122 Page 6
Pavilion Elevation / Rendering
Restroom Sample Photos
(materials will be similar to the proposed pavilion)
Case No. Attachment C
ZA07-122 Page 7
Tree Conservation Plan
Case No. Attachment C
ZA07-122 Page 8
SITE PLAN REVIEW SUMMARY
ZA07-122Three11/14/07
Case No.: Review No.: Date of Review:
Site Plan
Project Name: - Liberty Park at Sheltonwood
APPLICANT: City of Southlake ARCHITECT: Halff
1201 N. Bowser Rd
Richardson, TX 75081
Phone: Phone: (214) 346-6200
Fax: Fax: (214) 739-0095
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/07/07 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 BEN BRYNER AT (817) 748-8602.
1. The following changes are needed with regard to labeling:
a. Provide the name and address of owner on the plan.
b. Label the adjacent properties and properties across adjoining R.O.W.'s labeled with
owner's name, existing zoning, and land use map designation ("L.U.D.=_____"). Not
all have been labeled.
c. Show and label all existing easements on or adjacent to the site, if any.
d. Show and label the front, rear, & side building lines.
e. Show and label the nearest fire hydrant dimensioned to property corner and any
proposed hydrants.
f. Label the R.O.W. width for E. Dove Street. Label the width and pavement type of the
existing roadway.
2. The following changes are needed with regard to bufferyards and interior landscaping:
a. Clearly show and label the required bufferyard along the south boundary line (10' -
Type 'E').
b. Clearly show and label the required bufferyard along the west and east boundary
lines (10' - Type 'C'). This is associated with the change of zoning from "SF-1A" to
"CS".
Case No. Attachment D
ZA07-122 Page 1
c. Provide the Bufferyard Calculation chart on the site plan.
3. The following changes are needed with regard to driveways:
a. Label the width and stacking depth for the proposed drive. Staff measures ±15’.
(A
b. Revise the width of the proposed drive. The maximum width allowed is 40 feet.
variance is requested.)
c. Label the distances from the proposed driveway centerline to the nearest existing
driveway centerline/right-of-way off-site in both directions of the site.
d. Provide the minimum driveway spacing of 250 feet to the nearest drive and 200 feet
(A variance is requested.)
to the nearest right-of-way.
e. Show and label all existing driveways on adjacent properties and across adjoining
rights-of-way.
INFORMATIONAL COMMENTS
* 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.
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* 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.
Public Works – Engineering
GENERAL COMMENTS:
1. Show the curb return radius for the proposed drive - 30’ minimum.
* 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.
* Sight distances will be required to conform to AASHTO guidelines on adjacent collectors
and arterials.
Case No. Attachment D
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* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
1. There is an existing 12” water line in Dove to serve this property.
2. There is an existing 8” sanitary sewer line on the south side of Dove. However, the existing
contours for this property seem to indicate that the elevations at Dove may be higher than
the proposed location of the restrooms on the Park property.
3. This lot meets the 1 acre minimum required for a private sewer system.
* Water meters and fire hydrants shall be located in an easement or in the ROW.
* Public water and sewer lines cannot cross property lines without being in a public easement
or in the ROW. All water and sanitary sewer lines in easements or ROW must be
constructed to City standards.
DRAINAGE COMMENTS:
1. A drainage plan with appropriate calculations will be required for all proposed creek
crossings.
* Proposed driveway culverts shall be sized by an engineer and submitted for approval to the
City Engineer.
* There is no Critical Drainage Structure fee associated with 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 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 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.
*=Denotes informational comment.
Landscape Administrator
TREE CONSERVATION COMMENTS:
1. Please ensure that the proposed sidewalk/trails do no conflict with the existing trees critical
root zones and that they can be constructed at or close to grade where they cross the area
of critical root zones of the large trees on the property.
Case No. Attachment D
ZA07-122 Page 3
Southlake 2025 Comprehensive Plan
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations
An 8 foot trail is required along Dove per the Southlake Pathways Plan.
Case No. Attachment D
ZA07-122 Page 4
Surrounding Property Owners
Liberty Park at Sheltonwood
SPO #
Owner Zoning Land Use Acreage
1.
4F Develoment/Ep 4 Lp RPUD Low Density Residential 0.68
2.
4F Develoment/Ep 4 Lp RPUD Low Density Residential 0.61
3.
Estes Park Hmo Assoc Inc RPUD Medium Density Residential 2.26
4.
Dufour, Blair F Etux Cathy J SF1-A Low Density Residential 1.55
5.
Rue, Peter Leroy SF1-A Low Density Residential 1.13
6.
Santiago, Nelson Etux Carmen SF1-A Low Density Residential 1.19
7.
Holliday, Richard M Etux Mary SF1-A Low Density Residential 1.60
8.
Eboh, Juliet M SF1-A Low Density Residential 0.99
9.
Burton, Wendell L Etux Terri L SF1-A Low Density Residential 0.97
10.
Davidson, Gary W Etux Mary F SF1-A Low Density Residential 1.64
11.
Coxsey, Stephen Etux Diana AG Low Density Residential 6.18
12.
Bailey, Gaylon F AG Low Density Residential 1.05
13.
Dave, Shripal & Tiaohua Lin SF1-A Low Density Residential 3.74
14.
Shelburne Co Ltd AG Low Density Residential 1.26
15.
Brazos Electric Power Co-Op AG Low Density Residential 1.05
16.
Stone, Preston G AG Low Density Residential 1.41
17.
Gutierrez, Alfredo L & Angela AG Low Density Residential 2.67
18.
Gilliland, J I SF1-A Low Density Residential 1.92
19.
Strait, Jessica Colleen SF1-A Low Density Residential 1.24
20.
Shelton, John M SF1-A Low Density Residential 7.69
21.
Koldus, John Iv Etux Gwen SF1-A Low Density Residential 2.24
22.
Southlake, City Of SF1-A Public Park / Open Space 12.78
23.
Keen, Thomas A AG Low Density Residential 6.60
24.
Fertitta, Steven Michael AG Low Density Residential 1.20
25.
Southlake, City Of SF1-A Public Park / Open Space 29.65
26.
Nair, Kesavan Etux Saji Pilla SF1-A Low Density Residential 1.23
Case No. Attachment E
ZA07-122 Page 1
Surrounding Property Owner Responses
Liberty Park at Sheltonwood
Notices Sent: Twenty-six (26).
Responses Receive: Five (5).
Mary & Richard Holliday (SPO #7)
, 2575 Ridgecrest Rd., submitted a Notification
Favor
Response Form in on November 2, 2007 (see attached).
Wendell & Terri Burton (SPO #9),
1021 Quail Run Rd., submitted a Notification
Favor
Response Form in on November 6, 2007 (see attached).
4F Development/EP 4 Lp (SPO #1 & 2),
2201 & 2129 Canyon Park Dr., submitted a
Favor
Notification Response Form in on November 8, 2007 (see attached).
Estes Park Homeowners Association (SPO #3),
2210 Estes Park Dr., submitted a
Favor
Notification Response Form in on November 8, 2007 (see attached).
Blair & Cathy Dufour (SPO #4),
2425 Ridgecrest Dr., submitted a Notification Response
Favor
Form in on November 8, 2007 (see attached).
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-539
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 TRACT 1C1A AND A PORTION OF TRACT 1A, J.W. CHIVERS
SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 17.77 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-
1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “CS” COMMUNITY
SERVICE 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 “SF-1A” Single Family
Residential District under the City’s Comprehensive Zoning Ordinance; and
WHEREAS,
a change in the zoning classification of said property was requested by a
Case No. Attachment G
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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
Case No. Attachment G
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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 Tract 1C1A and a portion of Tract 1A, situated in the J.W. Chivers Survey,
Abstract No. 350, being approximately 17.77 acres, and more fully and completely
described in exhibit “A” from “SF-1A” Single Family Residential District to “CS”
Community Service District as depicted on the approved Concept Plan attached
hereto and incorporated herein as Exhibit “B,” and subject to the following conditions:
Case No. Attachment G
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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
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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.
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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.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of __________, 2007.
________________________________
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 Tract 1C1A and a portion of Tract 1A, situated in the J.W. Chivers Survey, Abstract No. 350,
being approximately 17.77 acres:
** Insert M&B Description **
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EXHIBIT “B”
Site Plan
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Variance Exhibit
Driveway Width:
Max. Allowed = 40 ft
Driveway Spacing:
Prov. = ±45 ft
Req’d = 250 ft
Prov. = ±190 ft
(Approximate location
of off-site drive)
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Trail Layout Plan
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Trail Layout Plan
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Pavilion Plan Detail
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Pavilion Elevation / Rendering
Restroom Sample Photos
(materials will be similar to the proposed pavilion)
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Tree Conservation Plan
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