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480-521 Ordinance OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-521 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 LOT 1, BLOCK A, RAVENEAUX VILLAGE ADDITION AND TRACT 6J OF THE T.M. HOOD SURVEY ABSTRACT NO. 706 AND MORE COMPLETELY DESCRIBED IN EXHIBIT "A" FROM"AG" AGRICULTURAL DISTRICT AND "C- 1" NEIGHBORHOOD COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT, WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN A TT ACHED 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 Case No. ZA07-005 Ordinance No. 480-521 Page 1 and "C-1" neighborhood 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 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 Case No. ZA07-005 Ordinance No. 480-521 Page 2 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 Lot 1, Block A, Ravenaux Village and Tract 6J, T.M. Hood Survey, Abstract No. 706 and being approximately 6.22 acres, and more completely described in Exhibit "A" from "AG" agricultural district and "C-l" neighborhood commercial district to "S-P- I" detailed site plan district, with limited "C-3" general commercial district uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B" and with the following conditions: Case No. ZA07 -005 Ordinance No. 480-521 Page 3 6) 7) 8) Case No. ZA07-005 1) Granting variances to driveway stacking (comment 2a) and driveway spacing (comment 2b) allowing the right-in right-out driveway on N. White Chapel with the condition that they work with staff to insure that the design restricts any left-out movement and extending the median south of the White Chapel Driveway; 2) Requiring brick pilasters and wainscot along the west fac;ade of Building A 3) Eliminating the "C-3" uses as specified in the applicant's letter dated April 25, 2007 and more specifically as follows: a) Auditoriums, theaters and cinemas b) Commercial amusement centers and bowling alleys where the activity is for indoor operations and activities only, including indoor driving ranges and indoor miniature golf courses. c) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses. d) Lodges, sororities and/or fraternities e) Medical care facilities to include nursing and care homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. f) Mortuaries, funeral homes and undertakers. g) Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device. h) Skating rinks, ice and roller (indoor only). i) Taverns, clubs, and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of this ordinance. The mere reference to this provision within the zoning ordinance does not indicate or imply that the sale or consumption of alcoholic beverages has been or will be permitted under the alcoholic beverage laws of the State of Texas. It is only intended to define a location for this type of use if its existence should be permitted by state law. j) And removing the request for gasoline sales and hotels as permitted uses. k) Noting applicant's agreement to limit the uses of cleaning, dying, pressing works, laundry, and washeterias, and everything in that category to the "C-2" regulations in size and restrictions as well as limiting dry goods, notion stores, and variety stores to "C-2" regulations in size and restrictions; Requiring color palette to be similar to what was presented; Requiring applicant to review monument signs with the intent to have less percentage of signage on the monument face (Note: all signs require approval of a separate sign permit and where any variance or conditional permit apply, specific approval by the City Council); Allowing only the cornices and accents to have any synthetic stucco; Requiring the detention area to have stained concrete; Requiring the trees in the detention area to be a minimum of 5 to 6 inches caliper to be an effective screening at the time of planting; 4) 5) Ordinance No. 480-521 Page 4 9) Requiring applicant to increase the berm along S.H.114 to a minimum of 3 feet in height; 10) Provide angled parking and fewer parking spaces between buildings a and b; 11) Applicant to put in median along White Chapel Boulevard if it hasn't already been placed prior to the issuance of a C.O. and subject to the approval of the city engineer; 12) Subject to the applicant's presentation and renderings shown this evening; 13) Regarding the knee walls, accepting the applicant's agreement to a minimum of75% of the total glass store front including doors with the knee walls being a minimum of 24" in height and will be varied in masonry between stone and brick; 14) Applicant to provide language regarding the the fireplace amenity feature that will obligate the tenant of that space to certain operational hours and maintenance as outlined in their July 31lerter and will include similar language to cover the waterfall feature on White Chapel Boulevard; 15) Staff will verify the plants on the landscaping plan and applicant has agreed to provide a full screen behind Building A with minimum 4-inch caliper (upon planting) live oaks in lieu of the crape myrtles currently shown on the landscape plan; 16) Accepting applicant's agreement to place all the utilities underground along S. H. 114 and White Chapel Boulevard; 17) Requiring canopy trees on end caps as shown on renderings. 18) Subject to the Site Plan Review Summary No.6, dated August 1,2007 included as EXHIBIT "c" of this document 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 Case No. ZA07-005 Ordinance No. 480-521 Page 5 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, 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 Case No. ZA07-005 Ordinance No. 480-521 Page 6 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 ofthis ordinance, and ifthis 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 l.l.ttL day of 39 ,2007. ~- - ~~--~ ~~=- MAYOR ATTEST \\\,,,'TU"fl'I'1 : ",\\ 01HLAI(: ill" ...,'" r.-.O ...~G(lge ~ ", "" -j eO 0.' ~-:, $ ~ ..- -.., ~ ~ : 0: * ..')(.:. ~ fa ... . .')>- . =>-:. :cn~ :\0-0 . ... ~J~ ~ ~_. .,:: ~'- ~ c..) ~. :0 S CITY SECRET A -:"'" "".............." ,/ " .M ,.... "'/ "* 1r"" ..\\\ PASSED AND APPROVED on the 2nd reading the '7th day of ~:'2007~ -~ -~---~ MAYOR ~ Case No. ZA07 -005 Ordinance No. 480-521 Page 7 APPROVED AS TO FORM AND LEGALITY: [;JIL_J '1 f, CITY ATTORNEY ./ ' DATE:~- ('5 {ltfO ADOPTED: ~..-1-01 EFFECTIVE: g"-l D - 01 Case No. ZA07 -005 ATTEST: \\"""' """'" "", ~\HLqIr. III" ...' r..-O .._...$. I$" " .:- -oJ o.e e.,I ). ~ id-l * \~\ =)..: n>s =.-: :00: _.-_ 0.- - 0 - ~ e.e .Q ~ ~ .0. ..0e~,~ "'t> tJttCle"C'OlO %'+....' PI"I *~!tr J~ \\,,'it""" "''''''U~,,,t\\''' Ordinance No. 480-521 Page 8 EXHIBIT "A" Lot 1, Block A, Ravenaux Village & Tract 6J, T.M. Hood Survey, Abstract No. 706 and being approximately 6.22 acres more particularly described as follows: Q"'" Page 1 @ SCALE: 1"= 100' ~ & ~ <to, ,Ii Os, . ~ . -(1/. ./ ./ ""- ~~<&' IT..o '1 ~ (f "fg ~:~' ~~ <t DAVID C. HARDY, Tr ""- ........... VOL. 7666 PG.311 ~~, w' n:-" v.I:. - o <:> o o \'II T .M. HOOD SURVEY c;-rt A-706 1/2" 11' 6.229 ACRES LOT 1 BLOCK A 110' llU!tlllllG Ull!l "" ;.. 10 ... ... . o o . iJ' C> "IS ~ I "",462.67' N 89"46'09"" ::93.44' za'3l,f> 95' V' "'f{ Z01.. S'18'0'1'20 RAVENAUX DRIVE PLAT ~ SURVEY OF J.m I, llUX:K h. llAVOlMlX VILLllGE AlJOITION ro THE CITY OF ~, TI\.llRANT cotlN't'i'. TEXAS, ACCORDINJ TO THE PlAT RECORDED IN VOllllE 388-2\3, PAGP. .11. PL'\'l' REroBDS, 'l'A.llRl\N'l' cotmY, TEXAS, l\Nl') AN ANO!I\\IlIi:: TRACT IN THE 'l' .H.HOOD SURVEY A 706, TAJlR1.NT CCONTY, TEXAS. - SEE A'l'1'J\CItED FJELD l<<lTi::S FOR MORE C'Cl'\P'",E'J'E DE:~IPTION. J.WalluW~War4,. knd....."'-1......Lud s~~ kldl1" .10 ScIIen, Lca.s.n.l'lu'chao..... ~ ud lII...denrrl"'" ...,lJdl......, __ _de 0.. tho jJ'OlOlld,l1U4or II\)' ollJlC"lllaR ad comdIy .......lllr~, -.q n-.d~, NIl...... ofI&f4 Wl.kaUodIl-._.:o'-1Iy 'M\q'" IoeelloD old ~UIt .udldblltJ. flrIId'llI'a, nd oCIorr. lm~...I&Dd Yioil>la U_ 0"'" ~Je<< PNI'<I1l'...... mrnctlull!lWJ the ","1I1)Q !It a1111lkra,,cr.c1l, rilacIj". rlat>~y, .........."'...d etb.......llon of_anI,.1 'Ril<b llia..e .......,..,p, "blclo afI'""I'" ..llfo!:I ~ ..-dlDI1D lklopl4tscl'lpllaa "'...<11 ....lhra:TM. _......0<1_ ttrUlltt thal.~I_.1wwa bC-.a, dl....1IN 80 ~lbl. d..~.boitJoaIn "'..... "".....,. IlItt coalllc#,.ellUOlICIlmttIlI,"'~'" 1mplVl'_"~ .... ripb-af.._r. ~ Ihe..abjo;d ~";'~~~fe4""d~ .~~ ....li!Uloul Lud ~No_20:1. n...//-/4-d ReceNed JAN 0 2 Z007 Planning Lisp'l ..,;;al':Dft"' SURVEYING ......... ;COMPANY,INO, ~,Q.aox_ l'Qm'-.fMUnl_ ~m :IfN,Ifl"" ZA07-005 ~ ",the F!RM~byFEMA C=momiljl, hrJtl N.~ ~ tf..1llio 101 b I1Cl iJfcl:lcd by the 100 yu<1I<>>\\ pial... Zc<le X. Case No. ZA07 -005 Ordinance No. 480-521 Page 9 EXHIBIT "A" f! [1. 'D WOTES BEIf~G LOT 1, BLOCK A, OF RAVENAUX VILLAGE, AN "'DO 1'1'10 II 70 TffE CITY Of SOU'l"lfLAKE, Tl\RRIINT COUNTY, TEXAS, ACCORDING TO THE PL1\T THEREOF RECORDED IN VOLOME 386-113, PAGE 31, PLAT RECo~nS, TARRANT COUNTY, TEXAS. AND A POllTIOH O'f A. TRACT DESClnSED IN ^ DEED TO DAVID C - Ii1\RDY rl'H;STEE, OF RECORD IN VOLUME '1866, 'I'1\OE 311, DtED RECORIlS. TARRANT COUNTY, TEXAS. IN T>>E T.M. HOOD SURYtY ABSTRACT NO. 106, SAID LOT AND TRACT BEIWG CONTIGUOUS.ARE CONSIDERED HERElN AS ONE TRACT AND BEING HORt PAR'J'I CULJ\lU.Y DESC"RletD BY METES AND BOUNDS AS FOLLOWS. 3EC HfN 1 NO l'l!t!'lC;; "(,HENCE 1'H1O 1-1::: t: TiH:NClt THENCE THENCE 1'llBNCt THtNCE THENC at a 1/2" 1ron found at the southwest corner of Lot " Block A, above referenced, an:! the $out!;v;:st cotner of the herein described tr~ct; N. 230_57'-12" N. 180.59 feet along the westerly line oC said Lot I, and the easterly line of Lot 2. BlOc~ A of said Ravenaux Village to a 1/2" iron found at the northW&st corner of said Lot 1; N. OOD-59'-OO"E. 428.47 feet along the easterly line of said Lot 2, and continuing to a 5/8" iron set in the sO\lchvescerly line of scate Hi<Jhvay No. 11'1; South..asterly wIth cne said southvestetly line, being a curve to the left having a radius of 5749.50 feet, and whose long chord bears S. 590-46'-02" E. 651.26 feet, e distance of 651.61 feet to a TxDot monument found; S. Jlo-Z8'-56"t. 51.06 feet continuing along said southwesterly line to a Txpot monument found. S. 000-ll'-46"W. 72_57 feet along the Telocated vest line Of Whit-e Chapel Blvd. to a TxDot l1\OnUllleht fpund at its intersection witn the no~th line of Lot 1, aleck A, above rererenced; S. 88o-ZS'-57"E. 9.21 feet along the north llne Of said Lot I. Blook A. to a 5/S" iren set- for the northeast oorner of same. S. 000-11'-51" W. 200.00 feet alon the east line of sat Lot L being the west line of White Chapel Blvd. to a S $" 1ron set at the southeast cornet' of same ill the nortl1 I ne OE Ravenaux Dt'lvIH N. !l9o-4S'-09" W. 293.44 feet alony the south line of said Lot \, Block A. to a 1/2" iron found in same at the PC DE a curve to the left having a radiUS of 462.&7 feet, and vhose long chord bears s. 7So-Q7'-20.W. 201.95 feet, vith the arc of seid curve a distance of 203.45 feet to the POI~T OF stGINNING, and containing 27132) +/- square feet z 5.229 acres. Received /~ //-14-CJ&, JAM 0 2 2007 Plannin~! t},:::ni. ZA07-005 WAR'D SURVEYING CO., INC. '.0.&01< 1:102.13 loti ;:::~i:i~n::~ ~~"f2.u Case No. ZA07 -005 Ordinance No. 480-521 Page 10 EXHIBIT "B" Revised "S-P-l" Zoning District Foster McDonald, PLLC Attorneys at Law 8117 Preston Road Suite 4-95 Dallas, Texas 75225 Fax: (214-) 363-9551 Marik D. Foster (214-) 363-9599 marlk@mdfoster.com Brenda N. McDonald (214-) 363-0600 marlk@mdfoster.com brendamcdonald@verizon.net brendamcdonald@verizon.net April 25, 2007 Mr. Dennis Killough Senior Planner City of Southlake 1400 Main Street Southlake, Texas 76092 Re: ZA07-005 Chapel Crossing Shopping Center Dear Mr. Killough, I am writing to confirm the representations made at the April 19th Planning & Zoning Commission meeting in the above referenced zoning case. The applicant hereby removes the following uses contained in Section 22.2 of the Zoning Ordinance from its rezoning request: (2) Auditoriums, theaters and cinemas (5) Commercial amusement centers and bowling alleys where the activity is for indoor operations and activities only, including indoor driving ranges and indoor miniature golf courses (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses (16) Lodges, sororities and/or fraternities (18) Mortuaries, funeral homes and undertakers (20) Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device (26) Skating rinks, ice and roller (indoor only) Case No. ZA07-005 Ordinance No. 480-521 Page 11 (27) Taverns, clubs, and other comparable establishments under which the on-premises consumption of alcoholic beverages is permitted subject to the issuance of a special use permit as required in Section 45 ofthis ordinance In addition, the applicant withdraws its request for hotel and gas sales uses on the property. By separate delivery, we are submitting a revised site plan that relocates the White Chapel driveway to the south and includes a deceleration lane approaching the driveway. The revised site plan also increases the stacking distance on the two drives located on Countryside Court. The site plan revisions are based on extensive discussions with Innovative Transportation Solutions, our traffic engineering consultant, who will be present at the May 3rd meeting to discuss these issues in more detail. Lastly, we are submitting a revised Traffic Impact Analysis. Please contact me immediately if you need to discuss any aspect of this case. I am out of town but am available at any time by email or by phone ~972) 978-9866. Thanks in advance for your efforts to bring this back before the Commission on May 3 r . With kind regards, Brenda N. McDonald cc: Mark Hardaway Case No. ZA07 -005 Ordinance No. 480-521 Page 12 Case No. ZA07-005 Originally Proposed "S-P-l" Zoning CHAPEL CROSSING Proposed Permitted Uses aDd Developmcnt Regubtoons for "S-P-2" Zoning Permitted Uses This property shall be limited to the permitted uses as found in the current "C~3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480. ~~~ lbe'':($3'' tiSes,iiotdll:ll{)tet-~imd cOl1'/amtl!ige S~ 1....ith g.a:J sates ',....ill aha be a ~tt~dllS4: oAtheprG~, DeveloDmeot Re~lations The property shall be subject to the development regulations for the "e-:)" General Commercial District and all other applicable regulations ,villi the following exceptions: I Due to the irregular sbape of the site, the placement of a driveway to White Chapel cannot comply with driveway ordinance requirements, The proposed driveway has been located approximately midway between State Highwa.y 114 and Countryside Court A variance from the spacing requirement is therefore requested as well as a variance from the stacking depth requirement 2.. A service driveway to Countryside Court is proposed near the existing driveway for Countryside Bible Church. The distance between the driveways does not comply with the driveway ordinance, therefore a variance is requested. m addition, a variance is requested. fQr the stacking depth of each driveway at C(luutryside Court. 3. Finally. It variance from the required parkJng standards is requested. The site plan proposes parking at a ratio of 5 spaces per 1,000 Sf regardless of use (222 spaces). The number of spaces actually provided exceeds the proposed ratio by 57 spaces or 26% (279 total spaces). This flexibility w'Ould provide adequate parking for a wide varict)' oftemmts. Z A 0 1- 0 0 5 ri=R 1 t 2007 Ordinance No. 480-521 Page 13 ORACLE ENGINEERING 7012 Lindsley Avenue Dallas, Texas 75223 Phone: (214) 321-1436 Fax: (214) 853-9381 August 1, 2007 Mr. Dennis Killough, AICP City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, TX 76092 Re: Chapel Crossing Dear Dennis: Enclosed please find the revised siteplan and elevations per the City Council's latest comments. We acknowledge the minor comments made by the Council, but have not resubmitted all of the effected plans. We would like to resubmit these changes with any additional comments after the second reading for stamping of the approved plans by staff. Below is a summary of the conditions of the first reading approval and our responses highlighted in blue 1. Use of brick/concrete pavers within the parking lot and driveway areas as shown in the presentation (provided on the revised siteplan) 2. Limit wide expanses of windows makes it look like a strip shopping center - create a knee wall - establish 50% of the horizontal length of the windows to be knee wall (provided by note on the revised elevations) 3. Signs - more in line with what is being recommended in the UD study; limit signage on the monument (50% of the surface area); architectural element - should not be entirely a sign (provided on the revised elevations) 4. Cornices at the top of the building will be synthetic stucco (agree to provide) 5. Print shop use - talk to Mr. Larson (need to discuss further) 6. Stamped concrete (complementary color to the building) in the detention area - no grey unfinished concrete (agree to provide) 7. Bald cypress within the detention area as shown in the cross section should be large enough to be an effective screen (5" - 6" caliper when planted) (agree to provide 5" caliper trees) 8. View of the development along 114 - limit parking along 114 or increase berm height -3'? (agree to provide berm height of 3' along SH 114) 9. Need some assurance on fireplace amenity feature maintenance? - Minimum operating hours (needs to be built only if it is operational) (agree to provide) 10. Parking lot between retail A and retail B building - redesign to connect better by eliminating a few spaces, angled or parallel parking (provided on the revised siteplan) 11. Restaurants should have a knee wall - table height (agree to provide) 12. Tree shown on end cap need to be shown on site plan (agree to provide) 13. Median along White Chapel - so driveway will be a right in right out only (provided on the revised siteplan) Case No. ZA07 -005 Ordinance No. 480-521 Page 14 We have made an additional change to the location of the driveway to SH 114 as a result of our meeting with TxDOT on Monday, July 23,d. They are requiring that we maintain 305 feet from the nose of the texas turn-round to the eastern edge of the proposed driveway. As a result of this change, we have also modified the drive circulation to the out-parcels and reduced the number of parking spaces by four. We would like to schedule our second reading for the August ih Council meeting. Please advise if that will not be possible Should you have any questions and/or comments, please feel free to call. Sincerely, ~tJb ....- Matthew P. Kostial, P.E. Oracle Engineering Cc: Mark Hardaway Case No. ZA07-005 Ordinance No. 480-521 Page 15 Case No. ZA07 -005 ORACLE ENGINEERING 7012 Lindsley Avenue Dallas, Texas 75223 Phone: (214) 321-1436 Fax: (214) 853-9381 July 25, 2007 Mr. Dennis Killough, AICP City of South lake Planning Department 1400 Main Street, Suite 310 South lake, TX 76092 Re; Chapel Crossing South lake, Texas Dear Dennis: Enclosed please find the revised siteplan and elevations per the City Council's latest comments. We acknowledge the minor comments made by the Council, but have not resubmitted the effected plans. We would like to resubmit these changes with any additional comments after the second reading for stamping of the approved plans by staff. These minor comments include: 1. Increasing the berm height adjacent to SH 114 to three feet 2. Increasing the diameter of the bald cypress trees within the detention pond to 5" diameter 3 Staining the walls of the detention pond. (Color to be coordinated with the building) We have made an additional change to the location of the driveway to SH 114 as a result of our meeting with TxDOT on Monday, July 23"" They are requiring that we maintain 305 feet from the nose of the texas turn-round to the eastern edge of the proposed driveway. As a result of this change, we have also modified the drive circulation to the out-parcels and reduced the number of parking spaces by four. We would like to schedule our second reading for the August ih Council meeting. Please advise if that will not be possible. Should you have any questions and/or comments, please feel free to call, Sincerely, ~1Jb Matthew P Kostial, P E. Oracle Engineering Cc: Mark Hardaway 07 . -3D-Oj 10:29 i?CVD Ordinance No. 480-521 Page 16 EXHIBIT "B" Applicant's Letter dated July 31, 2007 Foster McDonald, PLLC Attorneys at Law 8117 Preston Road Suite 495 Dallas, Texas 75225 Fax: (214) 363~9551 Mark D. Foster (214) 363-9599 Brenda N. McDonald (214) 363-0600 mark@mdfoster.com brendamcdonald@>verizon.net July 31,2007 Mr. Dennis Killough Senior Planner City of Southlake 1400 Main Street South lake, Texas 76092 Re: ZA07-005 Chapel Crossing Shopping Center Dear Mr. Killough, In response to the City Council's request at the July 1yth hearing on this case, I submit the following language that will become a part of the tenant lease for the lease space that contains the exterior fireplace shown on the site plan that is a part of this case: Tenant shall be solely responsible for the operation and maintenance of the exterior fireplace. The fireplace shall be open to access by the public and Tenant shall operate the fireplace at all times during Tenant's business hours. Failure to comply with the terms of this section shall be considered a default of Tenant's obligations under this Lease. In addition, we would like to include in the second reading, a request for a sign variance to allow construction of the two monument entry signs shown on the site plan in this zoning case. Our demonstration for the variance is as follows: 1. That a literal enforcement of the sign regulation will create an unnecessary hardship or practical difficulty on the applicant. . This property is located at the SW corner of White Chapel and State Highway 114. The overpass in this location necessitates an increase in the height of the two entry monument signs shown on the site plan to provide for any visibility at all. The proposed height of 28 feet - 6 inches Case No. ZA07-005 Ordinance No. 480-521 Page 17 EXHIBIT "B" Applicant's Letter dated July 31, 2007 is both necessary for visibility and architecturally compatible with the proposed Chapel Crossing center. Denial of this variance request would impose an unnecessary hardship on the Applicant. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. . The State Highway 114 overpass at this location was obviously not created by the Applicant. In addition, the property is bordered by 3 roadways which limit this size of this parcel to approximately 6 acres. Thus, there is no way to relocate the signs on the property to achieve appropriate visibility. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. . The proposed monument signs have been designed as a cohesive element of the Chapel Crossing center and are in keeping with the Gateway Identity Concepts of the City of Southlake. They will be an asset to the City and establish an appropriate standard for sign age at this intersection. During the companion zoning case, the Applicant originally proposed a shorter monument sign design but was encouraged to explore making it taller so that it would be more proportionately appropriate. 4. That the variance with be in harmony with the spirit and purposes of the sign ordinance. . As previously stated, the proposed height of the monument signs is architecturally appropriate with regard to the other sign dimensions and with regard to the architecture of Chapel Crossing. The signs are intended to serve as entry markers for the center and have been designed as such. These signs are exactly the type of signage that is being encouraged throughout the City of Southlake. I am attaching a dimensioned plan of the proposed monument sign and we would respectfully request your recommendation of approval. Please let me know if you need additional information. With warmest regards, Jrttidtt 11 VI(_ Brenda N. McDonald Enclosure Case No. ZA07-005 Ordinance No. 480-521 Page 18 \ Ii! 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SCAlE 3/32:"; 1'4' 04 PARTIAL PLAN Ordinance No. 480-521 Page 29 EXHIBIT "B" Applicant's Presentation & Renderings RETAIL C "- ':' a. 00 Greenway Inve,tment Company _:;'CA~ ::;if4, ~ c~ ~ ca.1'aO _;;,,":'f" Case No. ZA07-005 Ordinance No. 480-521 Page 30 EXHIBIT "B" Applicant's Presentation & Renderings ~ RETAILA&B _~{}i'-' C>W"a ~ ~ ce.'l11f! Grccnway Invc,lmcnl Company 04 _.~<.../1\}::~; c.-r Case No. ZA07-005 Ordinance No. 480-521 Page 31 EXHIBIT "B" Applicant's Presentation & Renderin s \ " Case No. ZA07 -005 Ordinance No. 480-521 Page 32 EXHIBIT "B" Applicant's Presentation & Renderings C'k f~'"i~~C<\Nc.. 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"''', """J,S' CI,~1 Case No. ZA07-005 Ordinance No. 480-521 Page 37 EXHIBIT "B" Applicant's Presentation & Renderings f'_~:"I:~,,?f; ~e"A\l.. 1> 07 -srr- 1lo....1'ml ~. plW"l'tll,,"('()N ALEA C::+"l"'f""'i 6""$'''''' d Case No. ZA07 -005 Ordinance No. 480-521 Page 38 EXHIBIT "B" Applicant's Presentation & Renderings Case No. ZA07 -005 Ordinance No. 480-521 Page 39 EXHIBIT "C" PLAN REVIEW SUMMARY Review No.: Six Date of Review: 08/01/07 Case No.: ZA07-005 Project Name: Site Plan for S-P-2 Zoning - Chapel Crossing Shopping Center DEVELOPER: Greenway Investment Company ENGINEER Oracle Engineering Phone: Fax: Phone: (214) 321-1436 MattKo stialla>,s bcgl 0 bal. net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/30/07 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 DENNIS KILLOUGH AT (817) 748-8072. 1) The following changes are needed to the proposed "S-P-2" zoning document: a) The regulation requiring bufferyards only along the perimeter boundary of the S-P-2 zoning district and eliminating bufferyards along interior lot boundaries as proposed has been omitted. Please correct. b) No.1 & 2 (driveway variances) should be moved to a "Variance" section of the document. Driveways are regulated under the separate "Driveway Ordinance No. 634" and cannot be modified as part of a zoning regulation. With regard Note No.2, the spacing on Countryside does comply, it is stacking poses the issue fro both White Chapel & Countryside. 2) The following changes are needed with regard to driveways: a) Provide the minimum 100' stacking depth required for all driveways. The following do not comply: i) The drive located on SHl14 (43' provided) (Variance Requested) ii) East driveway on Countryside Ct (30' provided). (Variance Requested) iii) West driveway on Countryside Ct (36' provided). (Variance Requested) b) The driveway proposed on N. White Chapel Blvd does not meet the minimum 200' spacing required from a street intersection (x 150' provided). (Variance Requested) c) The final design of right-in! right-out traffic control structure at the driveway onto N. White Chapel is subject to review and approval by the City Engineer. * A permit is required from TxDOT on all driveways accessing a State thoroughfare. 3) The following changes are needed with regard to the exterior elevations: Case No. ZA07-005 Ordinance No. 480-521 Page 40 4) The west fa9ade of Building' A' does not meet articulation requirements. (Variance Requested - The applicant believes this fa~ade will not be visible from SH114 which would exempt it from this requirement. The maximum wall length permitted is 69 feet. The provided horizontal length is 161 feet and the vertical length is 76 feet.) 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. * Insure that all mechanical equipment is screened from view of adjacent ROW's. * Prior to issuance of a building permit on Lots 2 & 3, a revised site plan must be approved by City Council following a recommendation from the Planning and Zoning Commission. * The applicant should be aware that prior to issuance of a building permit a plat must be approved and recorded in the county, 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. * A permit from TxDOT is required on all driveways intersecting SH 114. Case No. ZA07-005 Ordinance No. 480-521 Page 41 EXHIBIT "C" Case No. ZA07-005 Review No. 3 Dated: 4/13/07 Number of Pages: 2 Project Name: Chapel Crossing Shopping Center -- Zoning Change and Concept Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077 Email: ctaylor@cLsouthlake.tx.us The following comments are based on the review of plans received on 4/5/2007. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. An access permit from TxDOT is required prior to construction of a driveway on. Submit application and plans directly to TxDOT for review. Additional comments may be forthcoming with the review of the Traffic Impact Analysis provided. Provide all necessary easements for water, sanitary sewer and drainage. Use the City of South1ake GPS monuments whenever possible. 2. 3. * WATER AND SANITARY SEWER COMMENTS: 1. Label private lines as 'private' for clarification. 2. Vault for fire line should be on private property, not in the ROW or in an easement. * Public water and sanitary sewer lines cannot cross property lines without being in an easement or in the ROW. All water and sanitary sewer lines in easements or in the ROW shall be constructed to City standards. For all commercial and industrial uses, fire hydrant shall be spaced a maximum of 300 linear feet apart, or 600 linear feet if buildings are sprinklered. Water meters and fire hydrants shall be located in an easement or in the ROW. * * DRAINAGE COMMENTS: 1. Ensure that the difference between pre and post development runoff is captured in the detention ponds for the 5, 10 and 100 year storms. The discharge proposed detention pond shall control the outfall for the 5, 10 and 100 year storms. Verify that the size, shape, and/or location of the detention pond, as depicted on the concept plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. A note on the preliminary drainage study states that OS-2 will be prevented from entering the site. Offsite drainage that currently runs onto the site cannot be redirected - it needs to be taken into account within the site. The note on the plans shows an existing culvert to be replaced with the White Chapel Street Improvements. Final design has not yet been approved for the proposed improvements. All storm sewer within the ROW shall be 18" minimum. Proposed driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer. * This development drains into Critical Drainage Structure #9 and requires a fee to be paid prior to Case No. Ordinance No. 480-521 ZA07-005 Page 42 2. 3. 4. * * * beginning construction ($278. 14/acre ). 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 copy of the 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. http://www.cityofsouthlake.com/Public W orks/engineeringdesign.asp An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM 1938 or SH 114. Submit application and plans directly to TxDOT for review. 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. ZA07-005 Ordinance No. 480-521 Page 43 EXHIBIT "C" Case No. 07-005 Review No. Four Dated: March 26,2007 Number of Pages: 1 Project Name: Chapel Crossing Shopping Center (Zoning/Concept Plan) Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713 The following comments are based on the review of plans received on March 19, 2007. Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. TREE CONSERVATION COMMENTS: 1. The best "quality" trees are located close to and along the west property boundary line. The Tree Conservation Plan shows that all existing trees will be removed except for one (1) 12" Blackjack Oak in the northwest comer of the property and that a 23" Post Oak is Marginal because of the location of the proposed parking and access dive along the west property boundary. BUFFERY ARDS: 1. If the site is proposed to be divided into three (3) lots bufferyards must be provided and labeled on the Site Plan. Bufferyards are required to be provided adjacent to all property boundary lines including interior property boundary lines. Interior bufferyards are required to be a 5' - A bufferyards. Case No. ZA07-005 Ordinance No. 480-521 Page 44 Star -Telegram INVOICE Draft Only 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABLE CITY OF SOUTHLAKE ORDINANCE NO I3580 I'VE D AUG 3 0 2007 OFFICE OF UlY SECRETARY THE STATE OF TEXAS County of Tarrant Customer ID: CIT57 Invoice Number: 287523511 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 1 114 114 LINE Net Amount: CHRISTY L. HOLLAND MY COMMISSION EXPIRES July 31, 2008 8/10/07 Net due in 21 days 8/31 /07 no po 28752351 005 CITY OF SOUTHLA 8/ 10/07 $0.81 $92.34 $92.34 LW -'C.d.�L/ AUG 9 2007 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in t above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)390-7501 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Notary Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 287523511 Invoice Amount: $92.34 PO Number: no po Amount Enclosed: Legal Notices CITY OF SOUTHLAKE OR TRACTS UI- LAND WITHIN THE CITY OF SOUTH - LAKE, TEXAS BE- ING LEGALLY DE- SCRIBED AS LOT 1, BLOCK B, RAVENE- AUX VILLAGE AD- DITION, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIB- IT "A" FROM"AG" AGRICULTURAL DISTRICT AND "C- 1" NEIGHBORHOOD COMMERCIAL DIS- TRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, WITH LIMITED "C- 3" GENERAL COM- MERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUB- JECT TO THE SPE- PORv THE 'tHERDI- RMIN- REST, T, AUG (� (� '7 Z J 2001 NEL- AND AND P A x NTS _-------------- ------ PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, 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. PASSED AND AP- PROVED THIS THE 7th DAY OF AU- GUST, 2007, DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary INVOICE DrifOnly Star-Telbgram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 286919741 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/26/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/07 Bill To: AUG PO Number: no po CITY OF SOUTHLAKE 7 200� 1400 MAIN ST '3Y: Order Number: 28691974 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 7/26/07 rDescription°ctSt . Locatio Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 124 124 LINE $0.81 $100.44 Net Amount: $100.44 RECEIVED AUG 2 0 2007 OFFICE OF CITY SECRETARY '' '' CHRISTY L.HOLLAND ' MY COMMISSION EXPIRES July 31,2008 THE STATE OF TEXAS __ County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Signed � JC)1) . SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,July ,21/ deg Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 286919741 Invoice Amount: $100.44 PO Number: no po Amount Enclosed: $ r► 1 CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on Au- gust 7,2007,at 5:00 p.m. or immediately following the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 480-521 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY TOFEXAS; SOUTHLAKE, y� EXAS; GRANTING __�i A ZONING CHANGE �` ON A CERTAIN ll t TRACT OR TRACTS A�� OF LAND WITHIN N SOUTHLAKE, T X- +THE CITY OF 7Z♦ ' AS BEING LEGALLY DESCRIBED AS LOT t'sY• 1, BLOCK B, RAVE- NEAUX VILLAGE ADDITION, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM"AG" AGRICULTURAL DISTRICT AND"C-1" NEIGHBORHOOD COMMERCIAL DIS- TRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, WITH LIMITED "C- 3" GENERAL COM- MERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT"B",SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF;, PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, 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. City of Southlake Lori Payne City Secretary