Item 4JCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
May 15, 2013
CASE NO: ZA13-040
PROJECT: Zoning Change and Concept Plan for 250 Lilac Ln.
EXECUTIVE
SUMMARY: On behalf of Mel and Candi Brekhus, Sage Group, Inc. is requesting approval of a
zoning change and concept plan from "AG" Agricultural District to "SF-2" Single
Family Residential District on property described as Tract 2B, Obediah W. Knight
Survey, Abstract No. 899, Southlake, Tarrant County, Texas and located at 250
Lilac Lane, Southlake, Texas. Current Zoning: AG - Agriculture District. Requested
Zoning: SF-2 — Single Family Residential District. SPIN Neighborhood # 9.
REQUEST: The applicant is requesting approval of a zoning change and concept plan from
"AG" Agricultural District to "SF-2" Single Family Residential District to remove the
existing home and construct a new home.
ACTION NEEDED: Consider 1s' reading approval of a zoning change and concept plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint Presentation
(D) Revised Concept Plan Review Summary No. 2, dated May 15, 2013
(E) Surrounding Property Owners Map and Responses
STAFF CONTACT: Dennis Killough (817) 748-8072
Richard Schell (817) 748-8602
Case No.
ZA13-040
BACKGROUND INFORMATION
OWNER: Mel and Candi Brekhus
APPLICANT: Sage Group, Inc.
PROPERTY SITUATION: 250 Lilac Ln.
LEGAL DESCRIPTION: Tract 2B, Obediah W. Knight Survey, Abstract No. 899
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF-2" Single Family Residential District
CITIZEN INPUT: The SPIN #9 representative determined a SPIN meeting would not be
necessary.
CONSOLIDATED FUTURE
LAND USE PLAN /
SOUTH SECTOR PLAN: The underlying land use designation for this property is "Low Density
Residential." The proposed change is consistent with the requirements of
the "Low Density Residential" designation.
PATHWAYS MASTER
PLAN& SIDEWALK PLAN: The Master Pathways Plan shows a 6' sidewalk planned along the north
side of Lilac Ln. and a proposed on -street bikeway on Lilac Ln. The
property is exempt from providing a sidewalk along Lilac Ln. since it meets
the exemption criteria for lots being platted as a single lot of record. Lots
platted as a single lot of record must only provide sidewalks if sidewalks
exist on both sides of the lot or if the lot is within 1,500 feet of a public or
private school on the same side of the street.
TREE PRESERVATION: An 8" elm and a 31" oak are labeled as marginal on the Tree Conservation
Plan. Based on the existing tree coverage of 29.2%, the Tree Preservation
Ordinance requires that 60% of the existing tree coverage be preserved.
The Tree Preservation Plan (combined with the Concept Plan) shows
98.98% of the tree coverage to be preserved, which meets the
requirements of the Tree Preservation Ordinance.
PLANNNIG AND ZONING
COMMISSION ACTION: May 9, 2013; Approved (5-0) subject to Concept Plan Review Summary
No. 2, dated May 2, 2013 and Staff Report dated May 3, 2013.
STAFF COMMENTS: Revised Concept Plan Review Summary No. 2, dated May 15, 2013 is
attached.
Case No. Attachment A
ZA13-040 Page 1
`Iq
Case No.
ZA13-040
Vicinity Map
250 Lilac Ln.
r.
0
L
ZA 13-040
Zoning Concept Plan
N 250 Lilac Ln.
W E
s 0 220 440 880
Feet
Attachment B
Page 1
CONCEPT PLAN
Existing Zoning: SFIA - Single Fancily Res.
H�
LD.D.-LOW D➢DS14S 9ESOD@9PI9L Existing Zon' g: R-PUD
I \t....."�. rdTOfR M.w.. i I ...Existing Zoning: R-PUD. t
as Bwla�tlg �a,s _ �`� -
•-----m----------------- ------ . LD.'ID. IwD IDM DEW$Pfd IRESIDEWNf�
IO UtlI Examen- -- l Ng9°-i0H"1_41G,y5 lil Liili�y Eeenxn�
7SD inssegUj ye=e,x -- - --_ _A4trees in thisy
area to remaifi.
etback - Mf < -
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------- -- - - $o LILACLANE,•nr;t.« N ° 4'1 444. Inp ---------
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Existing Zoning: RE -rRes. Estate i
Existing Zoning: SF20A -Single Family Res. t z ` ' Existing Zoning: SF20Af Single Family Res. Existing Zoning: R-PUD
LUM.-LOW DEWSM DEDIDENTM LAD: MMIUM DEWSIM F985DEN71AL I �, I LUX.-DDEMUM DEWSPM DEDIDEW[AL `tl\LID.®.-mmoRu�m m8ruy nEs.
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Case No. Attachment C
ZA13-040 Page 1
REVISED CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA13-040 Review No.: Two
Project Name: Concept Plan — 250 Lilac Lane
APPLICANT: Curtis Young
Sage Group, Inc.
1130 N. Carroll Ave.
Southlake, TX 76092
Phone: (817) 424-2626
E-mail: cyoung@sage-dfw.com
Date of Review: 05/15/13
OWNER: Mel and Candi Brekhus
1307 Chadwick Crossing
Southlake, TX 76092
Phone:
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
04/22/13 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT DENNIS KILLOUGH AT (817) 748-8072.
Correct the area (4.482 acres) in the first sentence of the metes and bounds description to
match the area in the last sentence and in the Site Data Summary Chart (4.842 acres).
2. Label the existing accessory buildings as "To Be Removed" or "To Remain". The accessory
building on the eastern property line does not meet the minimum 20' side yard setback
required in the SF-2 zoning district, so it will be designated as an existing nonconforming
structure. Accessory buildings are not allowed to be forward of the principal structure, so
depending on the placement of the new home, a Special Use Permit may be required to allow
the structure to remain on the lot.
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. The plat will be a one lot plat showing that can
be approved administratively.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
An 8" elm and a 31" oak are labeled as marginal on the Tree Conservation Plan. Based on the
existing tree coverage of 29.2%, the Tree Preservation Ordinance requires that 60% of the
existing tree coverage be preserved. The Tree Preservation Plan (combined with the Concept
Plan) shows 98.98% of the tree coverage to be preserved, which meets the requirements of the
Tree Preservation Ordinance.
Indicates informational comment.
Public Works/Engineering Review
Case No. Attachment D
ZA13-040 Page 1
Steve Anderson, P.E. , CFM
Civil Engineer
Phone: (817) 748-8101
E-mail: sandersona-ci.southlake.tx.us
No comments.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: kclementsa-ci.southlake.tx.us
GENERAL COMMENTS:
Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per 2009
I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road,
Suite G260, Addison, Texas 75001. Phone 214-638-7599.
All residential fire sprinkler systems shall have an audible notification device on the inside and
outside of the structure, with the exterior device capable of being audible to a neighbor or from
the public street fronting the property.
FIRE LANE COMMENTS:
Fire apparatus access needs to be provided within 150 feet of all exterior portions of the
perimeter of the residence on a "hose -lay" basis if un-sprinkled, and within 250 feet of all exterior
portions of sprinkled residences. Fire apparatus access needs to be an all-weather surface,
asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire
apparatus. (A minimum of 80,000 pounds GVW)
If fire apparatus access is required further than 150 feet from the public street, and approved turn-
around must be provided for fire apparatus. This approved turn -around must be placed at a point
where the apparatus will not be required to back-up more than 150 feet to turn around and exit
the property.
FIRE HYDRANT COMMENTS:
The residence must be located within 1,000 feet of a fire hydrant, measured as the hose would be
laid. A fire hydrant exists at the front property line.
Informational Comments:
A SPIN meeting was not recommended for this case.
The Master Pathways Plan shows a 6' sidewalk planned along the north side of Lilac Lane. This
property is exempt from providing the 6' sidewalk because it meets the exemption requirements
in Subdivision Ordinance No. 483, Section 5.06.B.2.d in that there are not sidewalks on both
sides of the lot and the lot is not within 1,500 feet of a public or private school on the same side of
the street.
Case No. Attachment D
ZA13-040 Page 2
All lighting must comply with the Lighting Ordinance No. 693, as amended.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must be
paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee,
Water & Sewer Impact and Tap Fees, and related Permit Fees.
Denotes Informational Comment
Case No. Attachment D
ZA13-040 Page 3
SURROUNDING PROPERTY OWNERS
18
17
16
15
6
14
13
12
11 1
23
22
8
9
.
7
5
3
-A
19
20
1
4
2
1
E
SPO #
Owner
Zoning
I
Land Use
Acreage
Response
1.
Van Eyk, Seth Arnold
SF20A
Medium Density Residential
0.47
NR
2.
Cunningham, Bradford Etux J R
SF20A
Medium Density Residential
0.51
NR
3.
Partain, Foy Dale Etux Pansy M
SF20A
Medium Density Residential
0.61
NR
4.
Marshall, Patrick J & Kathryn
SF20A
100-Year Flood Plain,
Medium Density Residential
0.50
NR
5.
Folsom, Michael Etux Lynn
SF20A
100-Year Flood Plain, Low
Density Residential, Medium
Density Residential
0.51
NR
6.
Moravec, James Etux Lori
SF1-A
Low Density Residential,
Medium Density Residential
3.04
NR
7.
Ramirez, R Carlos Etux Pamela
RE
Low Density Residential,
100-Year Flood Plain
6.74
F
8.
Graham, Roger D Etux Lenore T
SF1-A
Low Density Residential
1.36
NR
9.
Russey, Charles Byrom
SF1-A
Low Density Residential
1.32
F
10.
Evans, Michele Etvir Richard
RPUD
Medium Density Residential
0.27
NR
11.
Guzek, Thomas P Etux Sheree L
RPUD
Medium Density Residential
0.24
NR
12.
Roberts, R Ur Etux Kathryn
RPUD
Medium Density Residential
0.26
O
13.
Hambery, Stephen Etux Amanda
RPUD
Medium Density Residential
0.26
O
14.
Payne, Richard Etux Julie
RPUD
Medium Density Residential
0.31
NR
15.
Van Niman, Steven D Etux E
RPUD
Medium Density Residential
0.64
NR
16.
Petty, Stephan R Etux Rebecca
RPUD
Medium Density Residential
0.34
NR
17.
Petrovich, Alexander Etux Jenn
RPUD
Medium Density Residential
0.33
NR
Case No. Attachment E
ZA13-040 Page 1
18.
Barth, Bradley Etux Gillian
RPUD
Medium Density Residential
0.35
NR
19.
Lair, Ed S Etux Lisa
RPUD
Medium Density Residential
0.47
NR
20.
Silfies, Mark D Etux Barbara
RPUD
Medium Density Residential
0.29
NR
21.
Timarron Owners Assn Inc
RPUD
Medium Density Residential
0.27
NR
22.
Stevens, Barbara Anne
AG
Low Density Residential
4.67
NR
23•
Jeff ryes, Lane D Etux Laura T
AG
Low Density Residential
2.38
F
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-one (23)
Responses Received: Five (5) — Attached - Three (3) in favor and two (2) opposed
Case No. Attachment E
ZA13-040 Page 2
Notification Response Form
ZA13-040
Meeting Date: May 9, 2013 at 6:30 PM
Russey, Charles Byrom
240 Lilac Ln
Southlake Tx, 76092
40722 A 3
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Additional Signature:
Date:
Printed Name(s):
Must be property owner(s) whose name(s) are printed at top, Otherwise contact the Planning Department. One form per properly.
Phone dumber (optional):
Case No. Attachment E
ZA13-040 Page 3
Notification Response Form
ZA13-040
Meeting Date: May 9, 2013 at 6:30 PM
Hambery, Stephen Etux Amanda
610 Northwood TO
SoutHake Tx, 76092
42159C 52 7
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
` 7� e
MFW 3 2013 Fm5:1e
yJc,S ,cam cacti o� cestc)ent-toj )i�r' ncA out
arc- Co n c e t r e � vl c, r eg.S
1001se n-iirw. 6acy- ok- o"r kco u se o (-\,J ca 4
tern our Vyng►se \rCj-V'Q-
Signatu
Date: 2q . 13
Additional Signature: _L �p Date: t_t3
Printed Name(s): 5 }-c s-'he q 4 'F\n-IQ0A �- ci
Must ce property ownen;s) whose name(s) are arinted at top. Otherwise coc'act tie Plannirg fh
Phone Number (optional): F 11
One form pe, oroperty.
Case No. Attachment E
ZA13-040 Page 4
Notification Response Form
ZA13-040
Meeting Date: May 9, 2013 at 6:30 PM
Jeffryes, Lane D Etux Laura T
280 Li-ac Ln
Southlake Tx, 76092
A 899 21303A
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Signature:
Date: 5_,5 13
Additional Signature, -�,. t"' �� Date: 5 5'—
Printed Name(s): J f4ye°
Must be F4npetty ownwt s) whose name(s) are printed at top, Otherwise oontect the Fanning -sepenment. one tome :rr property
Phone Number (optional):
Case No. Attachment E
ZA13-040 Page 5
Notification Response Form
ZA13-040
Meeting Date: May 9, 2013 at 6:30 PM
Ramirez, R Carlos Etux Pamela
223 Lilac Ln
Southlake Tx, 76092
22866 15
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
:nfvojof opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position: L] tt
Ho. kE ... '�1sF _ H5 �• 14
co -cam I b4��cct i mo,
Signature:Date: 1_ 1-(
Additional Signature: _ J %�- 7 Date: `-/" I t j
Printed Name(s): Cel (0S i 3fYI l FEZ
Must be property owner(s) vihosF name(s) inted at top. Otherwise contact the Planring Department. One form per property.
Phone Number (optional):
Case No. Attachment E
ZA13-040 Page 6
Notification Response Form
ZA13-040
Meeting [late: May 9, 2013 at 6:30 PM
Roberts, R L Jr Etux Kathryn
612 Northwood Td
Southlake Tx, 76092
42159C 52 5
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space For comments regarding your position:
WAO E tWLy tAQC , a12t�oSr "Cajr J. i3C ,bus ti11�
- --
oos;,D
Signature:) Date:
Additional Signature'-'- � Date: a5 3
Printed Name(s): - Raaa= L, 4= Ada,c+,2w) A,
Muss be property owner(s) whose name(s) are printed at top. otherwise contalthe Planrdng Department One form per property.
Phone Number (optional):
Case No. Attachment E
ZA13-040 Page 7
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-637
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 213, OBEDIAH W. KNIGHT SURVEY,
ABSTRACT NO. 899, SOUTHLAKE, TARRANT COUNTY, TEXAS,
BEING APPROXIMATELY 4.84 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-2" 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
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 E
ZA13-040 Page 8
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
Case No. Attachment E
ZA13-040 Page 9
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 described as Tract 2B, Obediah W. Knight Survey, Abstract No. 899,
Southlake, Tarrant County, Texas, being approximately 4.84 acres, and more fully
and completely described in Exhibit "A" from "AG" Agricultural District to "SF-2"
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:
Case No. Attachment E
ZA13-040 Page 10
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
Case No. Attachment E
ZA13-040 Page 11
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.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
Case No. Attachment E
ZA13-040 Page 12
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 , 2013.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2013.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
Case No. Attachment E
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ADOPTED:
EFFECTIVE:
Case No. Attachment E
ZA13-040 Page 14
EXHIBIT "A"
Being described as Tract 2B, Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant
County, Texas, being approximately 4.84 acres, and more fully and completely described below:
Reserved for corrected metes and bounds description
Case No. Attachment E
ZA13-040 Page 15
EXHIBIT "B"
Reserved for approved concept plan
Case No. Attachment E
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