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Item 6 - ZA16-099 - ZSP Southlake Professional PlazaCase No. ZA16-099 S T A F F R E P O R T December 30, 2016 CASE NO: ZA16-099 PROJECT: Zoning Change and Site Plan for Southlake Professional Park EXECUTIVE SUMMARY: BHB Engineering Inc. is requesting approval of a Zoning Change and Site Plan for the Southlake Professional Plaza on property being described as Lot 15, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 3055-3081 W. Southlake Boulevard, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District with “O-1” Office District uses. Requested Zoning: "S-P-2" Generalized Site Plan District with “O-1” Office District uses including an ambulatory surgery center. SPIN #11 DETAILS: The Southlake Professional Plaza is generally located on W. Southlake Boulevard approximately 780 feet east of S. Pearson Lane. In March 2007, City Council approved a Zoning Change and Site P lan (ZA06-153) to allow 6 office buildings (5 medical office buildings and 1 general office building ) on approximately 4.87 acres. Currently, the property has four existing one story medical office buildings with two proposed one story office building pads (one medical and one general office for future development). All buildings on the site are approximately 5,833 square feet each. The purpose of this request is to seek approval of a Zoning Change and Site Plan for an existing 5,833 square foot medical and professional office building to allow an ambulatory surgery center located at 3075 W. Southlake Boulevard. The proposed ambulatory surgery center will require a patient drop-off/pick-up awning and designated parking located on the east side of the building and a n emergency generator with enclosure (located south of the building next to the existing dumpster enclosure). In the previously approved site plan (ZA06 -153), the approved required parking for 5 medical office buildings and 1 general office building was 214 parking spaces. In the proposed site plan (ZA16 -099), the number of parking spaces required for the ambulatory surgery center is 1 parking space per bed (8 beds in the facility) and 1 parking space per 4 employees (20 employees will be needed for the facility) reducing the total number of required parking spaces to 202 parking spaces. The proposed S-P-2 zoning is as follows (existing uses and regulations in black and new uses and regulations shown in red): Uses:  All uses allowed in the O-1’ Office District; and  Allow an ambulatory surgery center as a permitted use in the building located at 3075 W. Southlake Blvd.  Allow the required covered drop-off and pick-up parking space as a permitted use in the building located at 3075 W. Southlake Blvd. Department of Planning & Development Services Case No. ZA16-099 Regulations:  also noting that all prior approvals, variances, and stipulations regarding this site will remain in effect Site Plan Comparison Approved Site Plan ZA06-153 Proposed Site Plan ZA16-099 Zoning “S-P-2” Generalized Site Plan District with “O-1” Uses “S-P-2” Generalized Site Plan District with “O-1” Uses and ambulatory surgery center use in 3075 W. Southlake Blvd. Land Use Designation Office Commercial Office Commercial # of Buildings 6 6 Number of Proposed Lots 1 1 Area of Open Space (sf) 89,098 85,316 Percentage of Open Space 42% 40.2% Area of Impervious Coverage 58% 59.8% Proposed Building Area (sf) Medical- 29,165 sf Office- 5,833 sf Medical- 29,165 sf Office- 5,833 sf Number of Stories 1 1 Max Building Height 25’-8” 25’-8” Required Parking 214 spaces 202 spaces Provided Parking 214 spaces 213 spaces Regulation Comparison Development Regulation Existing S-P-2 Regulations (ZA06-153) Proposed S-P-2 Regulations (ZA16-099) “O-1” Office District Requirements Permitted Uses “O-1” Office District regulations • Allow a 5,833 sf ambulatory surgery center in one building (3075 W. Southlake Blvd.) Does not permit an ambulatory surgery center • Allow the ambulatory surgery center required covered drop-off and pick- up parking space as a permitted use in the building located at 3075 W. Southlake Blvd. Does not permit an ambulatory surgery center ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated December 30, 2016 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-513A Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link Narrative and Regulations Case No. ZA16-099 Link Plans Page 1 Proposed Site Plan (ZA16-099) Page 2 Proposed Landscape Plan (ZA16-099) Pages 3-4 Proposed Elevations (ZA16-099) Page 5-6 Proposed Generator Elevations (ZA16 -099) Page 7 Approved Site Plan (ZA06-153) Page 8 Approved Landscape Plan (ZA06-153) Page 9 Approved Elevations (ZA06-153) Page 10 Approved Tree Conservation Plan (ZA06-153) STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA16-099 Page 1 BACKGROUND INFORMATION OWNER: Century Property Partners APPLICANT: BHB Engineering and Surveying, Inc. PROPERTY SITUATION: 3075 W. Southlake Blvd. LEGAL DESCRIPTION: Lot 15, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-2” Generalized Site Plan with “O-1” Office district regulations PROPOSED ZONING: “S-P-2” Generalized Site Plan with “O-1” Office district regulations including an ambulatory surgery center (3075 W. Southlake Blvd. only) HISTORY: Annexed into Southlake in 1987 under Ordinance No. 379 “AG” Zoning District was approved for the two tracts (J.G Allen Survey, Abstract No.18, all of a 2.094 acre tract of land described in a deed to Century Partners, LLC, Volume 16590, page 321 and a portion of a 2.998 acre tract described in a deed to century Property Partners, Volume 14180, page 534, Deed Records, Tarrant County) with the adoption of the Zoning Ordinance No. 480 and the official Zoning Map on September 19, 1989. March 6, 2007; City Council approved the Zoning Change and Site P lan for the Southlake Professional Plaza from “AG” Agricultural District to “S- P-2” Generalized Site Plan District with “O-1” Office District Uses and approving a variance to the driveway spacing (ZA06-153). SOUTHLAKE 2030 PLAN: Land Use Plan The Office Commercial category is a commercial category designed and intended for the exclusive use of office and limited office-related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. Case No. Attachment A ZA16-099 Page 1 TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan & Median Plan The Southlake 2030 Master Thoroughfare Plan has recommended Southlake Boulevard to have 130’ of right -of-way. Adequate right-of-way exists as shown on the Site Plan. Existing Area Road Network and Conditions This location currently has access to W. Southlake Blvd. from a driveway directly onto W. Southlake Blvd. and through a common access driveway through the west adjacent property. W. Southlake Boulevard (21) (between Pearson Lane & Davis Boulevard/Randol Mill Road) 24hr West Bound (18,766) East Bound (18,836) AM Peak AM (1,110)11:30 AM–12:30 PM Peak AM (2,07) 7:00 – 8:00 AM PM Peak PM (2,122) 6:00– 7:00 PM Peak PM (1,137) 4:45 – 5:45 PM * Based on the 2015 City of Southlake Traffic Count Report Traffic Impact Use Area (sq. ft.) Vtpd* AM- IN AM- OUT PM -IN PM- OUT Medical-Dental Office Building (720) (5 buildings) 29,165 1,054 57 16 30 80 Office (710) (1 building) 5,833 65 8 2 2 8 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition WATER & SEWER: Water There are existing 6” and 8” water lines within this development. Sewer There are existing 8” sanitary sewer lines within this development. TREE PRESERVATION: No additional trees will be removed with the proposed changes to the development. CITIZEN INPUT: A SPIN meeting has been scheduled for Tuesday, January 10, 2016. STAFF COMMENTS: Attached is Review Summary No. 2, dated December 30, 2016. Variances to remain as approved in Planning Case ZA06-153:  Allow the existing 10’ west side bufferyard instead of the required 15’ adjacent to C2 zoning a 25’ adjacent to SF20A.  Allow for a 15’ building west side building setback for building at 3071 W. Southlake Blvd. (FM1709), adjacent to SF20A zoning.  Granting a driveway spacing variance to the driveway to the west (381 ft. distance, a minimum of 500 ft. is required by TxDOT). Case No. Attachment A ZA16-099 Page 1 APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Corridor/Residential Overlay Building Articulation Y Complies with approved ZSP Masonry Standards Y Complies with approved ZSP Impervious Coverage Y Complies with approved ZSP Bufferyards Y Complies with approved ZSP Interior Landscape Y Complies with approved ZSP Tree Preservation Y Complies with approved ZSP Sidewalks Y Complies –Existing sidewalk along W. Southlake Blvd. and with existing buildings Case No. Attachment B ZA16-099 Page 1 Case No. Attachment E ZA16-099 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA16-099 Review No.: Two Date of Review:12/30/2016 Project Name: Site Plan for Southlake Professional Plaza - Ambulatory Surgery Center APPLICANT: BHB Engineering & Surveying, Inc. OWNER: Century Property Partners, LLC Konstatine Bakintas, P.E. Matthew Macleod 4550 SH 360, Suite 180 14160 Dallas Parkway, Suite 500 Grapevine, TX 76051 Dallas, TX 75254 Phone: (817) 251-8550 Phone: Email: KB@BHBINC.COM Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/19/2016 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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us A SPIN meeting has been scheduled for Tuesday, January 10, 2017. ________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us LANDSCAPE COMMENTS: 1. Correct the “Required” and “Provided” widths of the bufferyards in the Bufferyards Summary Chart. They do not match the required widths, the widths shown on the plan, and the existing widths as shown on the existing Site Plan, Case ZA06-153. 2. Instead of transplanting the wax Myrtle on the south side of the building, why not just plant additional Wax Myrtles or a Holly species. * The building footprint area is not proposed to be increased so no additional interior landscaping is required to be provided. The required landscaping is existing and the applicant is proposing to replace the dead plant material and plant one (1) additional canopy tree. * Indicates informational comment. # Indicates required items comment. ________________________________________________________________________________ Case No. Attachment E ZA16-099 Page 2 Public Works/Engineering Review Om Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us No comments. _________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Ambulatory care facilities must be covered by an automatic sprinkler system if four or more care recipients are incapable of self -preservation. It is recommended that before a Building Permit is issued, a letter of intended use shall be included and a Certificate of Occupancy documenting the maximum number of care recipients incapable of self -preservation allowed. (Capable of being placed under sedation) FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis for un-sprinkled buildings. Fire apparatus access, needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Fire Lane must continue through the property to the north and west of the 3075 W. Southlake Boulevard building and intersect with another fire lane or a dedicated street) ______________________________________________________________________________ General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Denotes Informational Comment Case No. Attachment E ZA16-099 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Address Acreage Response 1. ALVAREZ, LAMBERTO RPUD 255 CHESAPEAKE LN 0.44 NR 2. MARTIN, BRUCE D RPUD 3115 IRONCLAD CT 0.45 NR 3. GRASSANOVITS, ROBERT RPUD 3125 IRONCLAD CT 0.43 NR 4. HORAN, CHRISTILEE RPUD 3135 IRONCLAD CT 0.43 O 5. VENTEICHER, EDWARD R RPUD 3145 IRONCLAD CT 0.43 NR 6. SOUTHLAKE, CITY OF CS 3200 W SOUTHLAKE BLVD 3.36 NR 7. VERMILION OFFICE PARK LP O1 2900 W SOUTHLAKE BLVD 1.70 NR 8. GILMAN INV LLC SP1 3120 W SOUTHLAKE BLVD 0.72 NR 9. SIMMONS PROPERTIES GROUP LLC SP1 3110 W SOUTHLAKE BLVD 0.83 NR 10. GARDEN FARM TX LLC SP1 3100 W SOUTHLAKE BLVD 0.66 NR 11. SOUTHLAKE, CITY OF RPUD 3150 UNION CHURCH RD 11.55 NR 12. ST MARTIN IN-THE-FIELDS EPIS SP2 223 S PEARSON LN 11.57 NR 13. SOUTHLAKE PSE INC C2 3119 W SOUTHLAKE BLVD 2.46 NR 14. SPRINGER, JERRY SF20A 250 CHESAPEAKE LN 0.56 NR 15. MATHEWS, PETER SF20A 260 CHESAPEAKE LN 0.67 NR 16. HUON, CHAY RPUD 3140 IRONCLAD CT 0.50 NR 17. PATEL-SHAH, NIRALI RPUD 3130 IRONCLAD CT 0.43 NR 18. FUMTIM, SIMEON RPUD 3120 IRONCLAD CT 0.42 NR 19. JNS LIVING TRUST ETAL AG 3001 W SOUTHLAKE BLVD 3.85 NR 20. CENTURY PROPERTY PARTNERS LLC SP2 3051 W SOUTHLAKE BLVD 4.91 NR 21. MARTIN, ALYSSA RPUD 3110 IRONCLAD CT 0.45 NR 22. PETERS, REBECCA A RPUD 3100 IRONCLAD CT 0.59 NR 23. CRAGHAN, MATT RPUD 3105 IRONCLAD CT 0.57 NR 24. Superintendent of Carroll ISD NR 25. Supt. of Grapevine Colleyville ISD NR 26. Superintendent of Northwest ISD NR Case No. Attachment E ZA16-099 Page 2 27. Superintendent of Keller ISD NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-seven (27) Responses Received within 200’: In Favor: 0 Opposed: 1 Undecided: 0 No Response: 26 Case No. Attachment E ZA16-099 Page 3 Responses Case No. Attachment F ZA16-099 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-513A 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 15 OF THE J. G. ALLEN SURVEY, ADDITION NO. 18, AND BEING APPROXIMATELY 4.87 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT LIMITED TO THE “O-1” OFFICE DISTRICT USES TO “S-P-2” GENERALIZED SITE PLAN DISTRICT LIMITED TO THE “O -1” OFFICE DISTRICT USES INCLUDING AN AMBULATORY SURGERY CENTER , AS DEPICTED ON THE APPROVED SITE 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 Constitutio n 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 “S-P-2” Generalized Site Plan 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 Case No. Attachment F ZA16-099 Page 2 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 a nd 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 transp ortation, 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 a nd 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 tim e their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; a nd, 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 c lose 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 calle d 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: Case No. Attachment F ZA16-099 Page 3 Being Lot 15 of the J. G. Allen Survey, Abstract No. 18, and being approximately 4.87 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District limited to the “O-1” Office District uses to “S-P-2” Generalized Site Plan District limited to the “O-1” Office District uses including an ambulatory sewer center as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: City Council approved motion at the March 7, 2007 meeting (ZA06-153): 1. Subject to the Planning and Zoning Commission recommendations 2. Allow breaks in the fence at the access easement with temp orary barrier at the easements. 3. Spacing for fence columns at no less than 20’ 4. 4” caliper for all trees 5. Change EFIS to masonry/concrete stucco 6. Approving requested variances 7. Subject to the Site Plan Review Summary No. 6, dated February 1 3, 2007. 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 Case No. Attachment F ZA16-099 Page 4 peculiar suitability for the particular uses and with a view of co nserving 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 an d 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 Case No. Attachment F ZA16-099 Page 5 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 ___________, 20 17. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 20 17. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA16-099 Page 6 EXHIBIT “A” BEGINNING at a 5/8 inch iron rod found in the South right-of-way line of Southlake Boulevard (F.M. 1709) (a variable width right-of-way) for the Northwest corner of said 2.094 acre tract and the northeast corner of Lot 2, Block 1 of the J.G. Allen No. 18 Addition, an addition to the City of Southlake according to the plat thereof recorded in Cabinet B, Slide 445, Plat Records, Tarrant County, Texas; THENCE South 89°21'40" East, with the North line of said 2.094 acre tract and said South right-of-way line a distance of 156.58 feet to a 5/8 inch iron rod found for the Northeast corner of said 2.094 acre tract and in the West line of said 2.998 acre tract and being the Southwest corner of that certain 0.218 acre tract described in deed to State of Texas, recorded in Volume 9981, Page1203, Deed Records, Tarrant County, Texas; THENCE South 89°20'12" East with said South line, a distance of 180.77 feet to a TXDOT Brass Monument found for the beginning of a curve to the right having a radius of 5773.18 feet, a central angle of 0°16'35" and a chord which bears South 88°23'23" East, 27.84 feet; THENCE along said curve to the right an arc length of 27.84 feet to a 1/2 inch iron rod found in the East line of said 2.998 acre tract, being the Southeast corner of said State of Texas tract and the Northwest corner of that certain 4.00 acre tract of land described in deed to JNS Land Family Limited Partnership, recorded in Volume 13740, Page 497, Deed Records, Tarrant County, Texas; THENCE South 00°04'40" West, leaving said South right-of-way line, with the East line of said 2.998 acre tract and the West line of said 4.00 acre tract a distance of 578.26 feet to a 1/2 inch capped iron rod found in the North line of Block 2, Chesapeake Addition, an addition to the City of Southlake according to the plat thereof recorded in Cabinet A, Slide 5985, Plat Records, Tarrant County, Texas, for the Southeast corner of said 2.998 acre tract; THENCE North 89°58'09" West, with the South line of said 2.998 acre tract and said North line of said Block 2, a distance of 208.34 feet to a 1/2 inch iron rod found for the Southwest corner of said 2.998 acre tract and the Southeast corner of said 2.094 acre tract; THENCE South 89°54'25" West, continuing with said North line and South line of said 2.094 acre tract a distance of 156.66 feet to a 5/8 inch iron rod found for the Southwest corner of said 2.098 acre tract and the Southeast corner of said Lot 2; THENCE North 00°03'41" East, with the West line of said 2.098 acre tract and the East line of said Lot 2, a distance of 583.03 feet to the POINT OF BEGINNING and CONTAINING 4.868 acres or 212,032 sq. ft. of land more or less. Case No. Attachment F ZA16-099 Page 7 EXHIBIT “B” Approved from ZA06-153 Case No. Attachment F ZA16-099 Page 8 Approved Elevations (ZA06-153) Case No. Attachment F ZA16-099 Page 9 Tree Preservation Plan (ZA06-153) Case No. Attachment F ZA16-099 Page 10 Approved Landscape Plan (ZA06 -153) Case No. Attachment F ZA16-099 Page 11 Approved Masonry Screening Wall (ZA06-153) Case No. Attachment F ZA16-099 Page 12 Approved Variance (ZA06-153) Case No. Attachment F ZA16-099 Page 13 Approved from ZA16-099