Item 8BCity of Southlake
Department of Planning
S T A F F R E P O R T
May 10, 2006
ZA06-027
CASE NO:
Zoning Change and Development Plan for Proposed Palomar Estates
PROJECT:
REQUEST: David Keener of 985 Randol Mill., LP is requesting approval of a zoning change and
development plan on property located along the east side of Randol Mill Avenue and the north
side of Gifford Court (private drive).
A summary of the proposal is as follows:
Requested Zoning Change from “AG” to “RPUD”
Gross Land Area - 29.85 acres
Net Land Area - 25.69 acres
Open Space - 4.77 acres / 16%
No. of Residential Lots - 33
Gross Density - 1.11
Net Density - 1.27
Average Lot Area - 27,904 sq. ft.
The applicant requests approval of the RPUD regulations as proposed. The development is
proposed to follow the permitted uses and regulations for the SF-20A single family residential
district. Regulations specific to this development are as follows:
Min. Lot Area - 20,000 SF (same as SF-20A)
Min. Front Yard - 35 feet (same as SF-20A)
On Cul-de-Sac - 30 feet
Min. Side Yard - 15 feet
On Side Street - 25 feet
Rear Yard - 30 feet
Lot width - 80 feet
No buffer lots required adjacent to low density residential lots
No min. 125 ft rear lot width adjacent to low density residential lots
Street R.O.W. Width - 40 feet
Single point of access with the commitment to meet the minimum requirements of the
City’s Fire Code by either installing a fire sprinkler system in all homes or by
providing a secondary point of access for emergency use only. City staff has
recommended that a street stub be provided into the southern boundary. The
applicant is requesting relief from this recommendation in lieu of the above.
Case No.
ZA 06-027
Consider first reading for zoning change and development plan.
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Development Plan Review Summary No. 3, dated April 28, 2006
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-489
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA 06-027
BACKGROUND INFORMATION
OWNERS: Lemke, Jenkins, Prentice, Maness, Farmer, & Ferguson
APPLICANT: 985 Randol Mill, LP
PROPERTY SITUATION: The property is located at 945 & 985 Randol Mill Avenue and 2090 through
2186 Gifford Ct. (a private drive).
LEGAL DESCRIPTION: Tracts 1A1A2, 1A1A2-A, D, E, F, G; 1A1A, and 1A1A1, B.J. Foster Survey,
Abstract No. 519
LAND USE CATEGORY: Low Density Residential (A concurrent request to change this area to Medium
Density Residential is proposed)
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District
HISTORY: A zoning change and preliminary plat were submitted for a 4 acre portion of
this property 2004 and was withdrawn from consideration in conjunction with
this proposal coming forth.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends Randol Mill Avenue, or the future
F.M. 1938 roadway expansion, to be an arterial street with 140 feet of right-of-
way.
Existing Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with Randol Mill
Avenue (the future F.M. 1938 roadway expansion) to the west.
Randol Mill Avenue is currently a 2-lane, undivided roadway. The north/south
alignment of Randol Mill Avenue is planned to be a 4-lane, divided arterial
street with 140 feet of right-of-way (the future F.M. 1938 roadway expansion).
The future F.M. 1938 roadway will ultimately provide access to State Highway
114 to the north.
May, 2005 traffic counts on Randol Mill Ave (between F.M. 1709 and
Florence Rd)
24hr 4,0654,142
North Bound (NB) () South Bound (SB) ()
NB 373349
Peak A.M. () 7 – 8 a.m. Peak P.M. () 4 – 5 p.m.
SB 350352
Peak A.M. () Peak P.M. ()
7:45 – 8:45 a.m.4:30 – 5:30 p.m.
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Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 33 316 6 19 21 12
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on Randol Mill Ave.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan recommends an 8-foot multi-use trail
along the western edge of the development. Additionally, the subdivision
ordinance requires minimum 4-foot wide sidewalks on both sides of the streets
within the subdivision and must provide safe connections to City trails.
WATER & SEWER: A 6-inch water line exists along the east side of Randol Mill Avenue and along
within the north boundary line of the adjoining property to the south. A 6-inch
sanitary sewer line exists along the west side of Randol Mill Avenue.
TREE PRESERVATION: The highest concentration of “Quality Trees” is located within the southeast and
northeast portions of the property. The trees in these areas are made up of
almost all Post Oaks. The applicant is proposing Open Space area that will
preserve a majority of trees within the southeast and northeast portions of the
development. The existing trees in the middle to northwest portions of the
property are mostly Eastern Red Cedar, American Elm, Hackberry and some
small Post Oaks and Black Jack Oaks. Around the stock tanks are Black
Willows and Cottonwood trees.
The submitted tree survey shows that only trees will be removed within the
shaded area which indicates the area of the right-of-way, and trees to be
removed for the installation of storm drains within the proposed easements.
Both the Development Plan and the Preliminary Plat show 30’ and 40’ Tree
Preservation Easements along the north and west property lines and the south
and west property lines adjacent to the Malik Estates Addition. There are
numerous trees existing within the 40’ area along the east property line,
scattered small trees within the 30’ area along the north property line, Very few
trees within the 40’ area along the west property line, and no trees within the
30’ area along the south property line north of the Malik Estates Addition.
Non-Disturbance Areas / Tree Preservation Easement: If the Applicant
designates a nearly wooded area as a non-disturbance zone in which no
construction will occur there should be no easements located within the area, no
construction of any type shall occur within the area, the area is intended to
remain natural in perpetuity, and a single incidence removal of underbrush and
vines is allowed subject to the requirements of Section 6.3 of the Ordinance
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585-B.
There are easements either existing or proposed within all of the Tree
Preservation Buffer/Easements. Staff recommends removing and relocating,
where possible, to areas that will lessen the impact on native plant material
DRAINAGE ANALYSIS: Drainage from this development will flows toward the northeastern boundary
and will be detained in a dry detention area within an HOA common area.
There is a pond proposed within the HOA common area near the western
subdivision entry but is not shown to function as a detention area.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the Davis Blvd/F.M. 1938 Corridor study area to include the
following changes:
Land Use Recommendations
Existing LUP Designation - Low Density Residential. The proposed
development does not meet the criteria for LD-Residential. Definition of
LD-Residential – “detached single-family residential development at a net
density of one or fewer dwelling units per net acre”. The applicant has
submitted a comprehensive plan amendment application to change the land
use designation.
Mobility Plan Recommendations
An 8’ trail is planned and shown on east boundary Randol Mill Avenue.
Sidewalks are provided along both sides of the internal streets along
residential lot frontages and extend through the common areas. The
Mobility and Master Thoroughfare Plan recommends connected residential
streets and discourages cul-de-sacs. This property has only a single street
connection onto Randol Mill Avenue.
Environmental Resource Protection Recommendations
The Environmental Resource Protection Plan recommends the protection
and enhancement of critical environmental and natural features, including
trees and ponds.
P&Z ACTION: April 6, 2006; Approved to table until the May 4, 2006 meeting.
May 4, 2006; Approved (6-0) subject to Development Review Summary No. 3,
dated April 28, 2006; granting variance for access and noting applicant’s
willingness to meet fire code by installing sprinklers in all homes or providing a
secondary point of access for emergency use only.
STAFF COMMENTS: Attached is the Development Plan Review Summary No. 3 dated April 28,
2006. The applicant requests approval of the RPUD regulations as proposed.
A variance to the subdivision ordinances requirement for 2 planned points of
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access and the staff recommendation for a street stub into the southern
boundary are requested.
N:\Community Development\MEMO\2005cases\06-027ZDP.doc
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Case No. Attachment B
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PREVIOUSLY SUBMITTED (MARCH 20, 2006) DEVELOPMENT PLAN
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REVISED DEVELOPMENT PLAN
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA06-027 Three04/28/06
Case No.: Review No.: Date of Review:
Development Plan for Palomar Estates
Project Name:
Land Planner: Curtis Young ENGINEER:
Sage Group Kellie Engineering
Phone: (972) 929-8443 Phone: (817) 379-1225
Fax: Fax: (817) 379-1244
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/25/06 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
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.
1. The following changes are needed regarding Right-of-Way dedications and interior street geometry:
The applicant proposes to address the
a. Provide a minimum of two planned points of access.
minimum requirements of the City Fire Marshal by adding a note stating all homes will
either be protected by a fire sprinkler system or secondary emergency access will be
provided. (
5.01-C)
b. The Subdivision Ordinance recommends street stubs at approximately 1000 intervals. A street
(Variance Requested)
stub into the south boundary is recommended.
c. Dedication of ROW will be required in accordance with the MTP and TXDOT Davis/FM1938
extension plans at the time of subdivision platting.
d. Propose a regulation requesting a reduced right-of-way width to 40’.
2. The following changes are needed regarding lot configurations:
a. The ROW reservation should be placed in a separate lot (lot/block number, labeled ROW
reservation) and should be removed from the open space calculation. (Approximately
11,320 sf)
3. Define “Tree Preservation Easement” in your development regulations.
The following should be informational comments only
============= ====================
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.
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* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* Prior top filing a final plat, two intervisible boundary corners of the site must be geo-referenced by state
plane coordinates in accordance with section 8.03(B) of the Subdivision Ordinance No. 483 upon
submittal of the final plat, and, prior to acceptance of the subdivision by the City, a digital computer file
of the subdivision must be provided in accordance with Section 8.04 of Ordinance No. 483.
* Approval of a Preliminary Plat, Final Plat and Developers Agreement is required prior to construction
of any public infrastructure. The Developer's Agreement for this addition should consider streets,
drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility
easements and impact fees.
* Denotes Informational Comment
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Case No. ZA 06-027 Review No. 3 Dated: 4/28/06 Number of Pages: 1
Project Name: Palomar Estates – Zoning Change & Development Plan
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
The following comments are based on the review of plans received on 4/20/2006. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
* Use the City of Southlake GPS monuments whenever possible.
EASMENT COMMENTS:
1.Sanitary sewer, water and drainage easements shall be 15’ minimum and shall be dedicated by plat.
2.Label the utility easement on Block 1, between Lots 14 and 15 as a Water Line Easement rather than a
Utility Easement.
SANITARY SEWER COMMENTS:
1. The proposed sanitary sewer line, as designed, shall be extended to the proposed ROW of FM 1938 for
future connection of adjacent properties.
DRAINAGE COMMENTS:
1. Curb inlets must be 10’ minimum.
* A 3’ – 4’ pilot channel is recommended rather than a 5’ for low flows and irrigation drainage.
* This property drains into Critical Drainage Structure #7 ($280.91/acre X 29.8 acres = $8371.12) to be
paid prior to beginning construction.
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit Civil construction plans to Public Works Administration. Ensure that plans conform to the most
recent construction plan checklist, standard details and general notes which are located on the City’s website
under Public Works~Engineering Design Standards.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* A Developer’s Agreement will be required for this development and must 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.
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Surrounding Property Owners
Palomar Estates
Owner Zoning Land Use Acreage
1.Tanksley, Lawrence & M B SF-1A Low Density Residential 1.035
2.Pennington, Gwendolyn J SF-1A Low Density Residential 1.0
3.Bingham, Patricia H SF-1A Low Density Residential 1.0
4.Ferguson, W Blaine Jr & Roc SF-1A Low Density Residential 1.0
5.Rhoades, Anne & Robert SF-1A Low Density Residential 1.0
6.Thomas, William & Kathryn SF-1A Low Density Residential 1.343
7.Timms, Walter H & Carol D SF-1A Low Density Residential 1.01.434
8.Sherrill, Steven & Brigitte SF-1A Low Density Residential 0.99
9.Catlin, Roger L & Jeanne SF-1A Low Density Residential 1.0
10.Lemke, Robert H & Virginia SF-1A Low Density Residential 5.493
11.Malik, Parvez & Seema Parvez SF-1A Low Density Residential 2.3
12.Ruth, Ralph SF-1A Low Density Residential 1.0
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13.Kasden, Scott SF-1A Low Density Residential 0.869
14.Pratt, Michael A & Paula M SF-1A Low Density Residential 0.869
15.Whitsett, Lyle D & Michaela SF-1A Low Density Residential 1.027
16.Hill, Rodger G Sr & Constan SF-1A Low Density Residential 1.056
17.Harriger, Gary W & Kit K SF-1A Low Density Residential 1.109
18.Randolph, Michael & Brigi SF-1A Low Density Residential 1.175
19.Trumpheller, Kenneth & Marsh SF-1A Low Density Residential 1.191
20.Robinson, Daniel F & E Jane SF-1A Low Density Residential 1.194
21.Andrews, Gary R & Diana D SF-1A Low Density Residential 1.196
22.Hall, Bradley W SF-1A Low Density Residential 1.186
23.Prentice, Danny AG Low Density Residential 6.78
24.Jenkins, James H AG Low Density Residential 10.34
25.Maness, Mark S & Wanda Sue AG Low Density Residential 2.14
26.Farmer, Sandra AG Low Density Residential 1.95
27.Malik, Parvez & Seema AG Low Density Residential 1.62
28.Maness, Mark S & Wanda Sue AG Low Density Residential 2.14
29.Lemke, Robert H & Virginia AG Low Density Residential 2.14
30.Ferguson, Blaine & Rochelle AG Low Density Residential 2.17
31.Ferguson, W B Jr & Rochelle AG Low Density Residential 2.18
32.Clark, Valerie Joyce AG Low Density Residential 1.0
33.City of Keller -- -- --
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Surrounding Property Owner Responses
Palomar Estates
Notices Sent: Twenty-eight (28)
Responses Received as of 5:00PM 4/6/06: Three (3)
Cross Timber Hills Homeowners Association Executive Board, Letter of Concern
received April 3, 2006
Kathy & Bill Thomas (SPO # 6), 1374 Lakeview Dr, Letter of Concern received April 5, 2006.
Anne & Rob Rhoades, 1376 Lakeview Dr, Letter of Concern received April 5, 2006.
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-489
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 1A1A2, 1A1A2A, 1A1A2D, 1A1A2E,
1A1A2F, 1A1A2G, 1A1A, AND 1A1A1, SITUATED IN THE B.J. FOSTER
SURVEY, ABSTRACT NO. 519, BEING APPROXIMATELY 29.85 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM
“AG” AGRICULTURAL 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 under
the City’s Comprehensive Zoning Ordinance; and
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WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
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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 Tracts 1A1A2, 1A1A2A, 1A1A2D, 1A1A2E, 1A1A2F, 1A1A2G, 1A1A, and 1A1A1,
situated in the B.J. Foster Survey, Abstract No. 519, being approximately 29.85 acres, and
more fully and completely described in exhibit “A” from “AG” Agricultural District to “RPUD”
Residential Planned Unit Development District with “SF-20A” Single Family Residential
District uses as depicted on the approved Development Plan, including “RPUD” development
standards, attached hereto and incorporated herein as Exhibit “B”, and subject to the following
specific conditions:
1.
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SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas,
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
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where provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
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.
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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 ________, 2006.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2006.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tracts 1A1A2, 1A1A2A, 1A1A2D, 1A1A2E, 1A1A2F, 1A1A2G, 1A1A, and 1A1A1, situated in the
B.J. Foster Survey, Abstract No. 519, being approximately 29.85 acres:
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EXHIBIT “B”
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