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Item 7BCase No. ZA18-017 S T A F F R E P O R T May 8, 2018 CASE NO: ZA18-017 PROJECT: Zoning Change and Site Plan for Lot 4A, Blk 1, Mesco Addition EXECUTIVE SUMMARY: Baird, Hampton & Brown are requesting approval of a Zoning Change and Site Plan for professional office development on property described as Lot 4A, Block 1, Mesco Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 420 N. Kimball Avenue, Southlake, Texas. Current Zoning: "S-P- 2" Generalized Site Plan District. Proposed Zoning: "S-P-1" Detailed Site Plan District with “O-1” Office District uses. SPIN Neighborhood #4. DETAILS: The property is generally located near the northwest intersection of N. Kimball Avenue and State Highway 114; the subject lot is north of Scooters Superstore/Fuel Station and south of the recently approved Barger’s Allstate office development. On September 17, 1996, City Council adopted Ordinance No. 480-217 with an associated concept plan comprised of four (4) lots, specifically approving “S-P- 2” Generalized Site Plan District zoning with limited “C-2” Local Retail Commercial District and “C-1” Neighborhood Commercial District uses with an approximately 2,800 square foot retail/office building on Lot 4. Two of the four lots have been developed; Lot 5A is currently Scooters Superstore/Fuel Station and Lot 6R is currently Chicken Express. The remaining lot, Lot 7R, is proposed to be rezoned for office use as well under city case ZA18-016. The purpose of the request is to rezone Lot 4A and obtain site plan approval to accommodate the construction of a single story 4,056 square foot office building. The Planning and Zoning Commission recommended approval of the item at their April 5, 2018 meeting with the following conditions: P&Z Conditions Applicant’s Response Noting the applicant’s willingness to provide City Council with renderings of adjacent properties to include rear landscaping and any retaining walls and to provide an updated rendering of the proposed building. The applicant has provided the recommended renderings which have been included in the meeting packet for City Council consideration. Department of Planning & Development Services Case No. ZA18-017 SITE DATA: Site Data Table for Lot 4A Component Proposed Approved under 480-217 Zoning S-P-1 with O-1 uses S-P-2 with limited C-2 & C-1 uses Land Use Retail Commercial Retail Commercial Site Acreage 0.58 acres 0.58 acres Building Area 4,056 sf Medical Office 2,800 sf retail/office building Impervious Lot Coverage 73% Per Approved Plan - ±85.35% Parking Required *28 sp 29 sp Parking Provided 28 sp 29 sp DEVELOPMENT REGULATIONS: Professional Offices at 420 N. Kimball Avenue USE AND DEVELOPMENT REGULATIONS FOR “SP1” ZONING PERMITTED USES: Lot 4A Any use permitted in the “O-1” Office District DEVELOPMENT REGULATIONS: This property shall be subject to the development regulations of the “O-1” Office District, Section 18 of Zoning Ordinance No. 480, as amended, and all other applicable regulations of Zoning Ordinance No. 480, as amended, with the following exception: 1. When calculating the number of required parking spaces, fractional parking spaces may be rounded to the nearest whole number, allowing the *28 parking spaces shown to meet the parking requirement. 2. The maximum impervious coverage is increased to 73% impervious coverage, as shown on the Site Plan. 3. Due to the existing overhead electric lines along Kimball Avenue, two (2) accent trees may be substituted in place of each required canopy tree in the east bufferyard. 4. No bufferyard is required along the southern limits of the property because of the existing drive which extends along the entirety of the southern property line. ACTION NEEDED: Consider Approval of 1st Reading for a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated March 28, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-743 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Case No. ZA18-017 Link to “S-P-1” Regulations Link to Narrative Link to Plans Link to SPIN meeting report Link to 2035 Corridor Committee Meeting Summary STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA18-017 Page 1 BACKGROUND INFORMATION OWNER: Mayse Properties LLC APPLICANT: Baird, Hampton & Brown PROPERTY SITUATION: 420 N. Kimball Avenue LEGAL DESCRIPTION: Lot 4A, Block 1, Mesco Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “S-P-2” Generalized Site Plan District PROPOSED ZONING: “S-P-1” Detailed Site Plan District with “O-1” Office District uses HISTORY: -A Rezoning and Concept Plan (Mesco Addition) for S-P-2 zoning was approved by City Council on October 1, 1996 under Planning Case ZA96-109 approved limited “C-2” and “C-1” uses for this site. -A Final Plat was filed with Tarrant County Plat Records on July 3, 1997 which included Lots 4-7 of the Mesco Addition under Planning Case ZA96-095. CITIZEN INPUT: A SPIN meeting was held on January 23, 2018. Link to Spin Report SOUTHLAKE 2035 PLAN: The proposed rezoning and site plan was presented to the Southlake 2035 Corridor Planning Committee and 2035 Land Use Committee March 1, 2018. Link to Meeting Report Consolidated Future Land Use Plan The 2035 future land use designation for the site is Retail Commercial which is defined in the Southlake 2035 plan as follows: “The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office-related uses should be planned adjacent to the residential uses. Other suitable activities are Case No. Attachment A ZA18-017 Page 2 those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories There were no specific land use recommendations that came out of the adopted SH114 Corridor Plan for this location. Pathways Master Plan & Sidewalk Plan There is an existing 6 foot sidewalk along N. Kimball Avenue. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The development will be accessed from the existing common access easement on the south and north adjacent properties. Traffic Impact A Traffic Impact Analysis (TIA) threshold worksheet was submitted and reviewed by staff. No TIA will be required for this project. TREE PRESERVATION: There are no existing trees on the site. UTILITIES: Water There is an existing 8-inch water line on the east side of the lot along a portion of the subject lot and the lot to the south and an existing 12-inch water line on the east side of N. Kimball Avenue that will serve this development. Sewer There is an existing 10-inch sanitary sewer line also along N. Kimball Avenue that will serve this development. PLANNING & ZONING COMMISSION: April 5, 2018; Approved (6-1) subject to the Staff Report dated March 29, 2018 and Site Plan Review Summary No. 2, dated March 28, 2018, noting the applicant’s willingness to provide City Council with renderings of adjacent properties to include rear landscaping and any retaining walls and to provide an updated rendering of the proposed building. Chairman Forman cast a “NO” vote because he wanted to see the proposed buildings more consistent with the surrounding architecture and building materials. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated March 28, 2018. Case No. Attachment A ZA18-017 Page 3 General Development Standards Applies? Comments Overlay Regulations Yes Subject to requirements of Corridor Overlay Requirements Met Building Articulation Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43 Requirement Met Masonry Standards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 43 Requirement Met Impervious Coverage Yes Not to exceed 65% under O-1 underlying zoning district S-P-1 regulation written to allow up to 73% Parking Yes Required parking per use and square footage equates to 29 spaces. S-P-1 regulation written to allow 28 spaces Bufferyards Yes Subject to requirements of Zoning Ordinance No. 480, Sec. 42 S-P-1 regulations written to allow substitution for required plant material in the east bufferyard and no south bufferyard being provided. Interior Landscape Yes Subject to requirements of Landscape Ordinance No. 544-B (Section 3.3) Requirement Met Tree Preservation No There are no existing trees on the site. Case No. Attachment B ZA18-017 Page 1 Case No. Attachment C ZA18-017 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA18-017 Review No.: Two Date of Review: 03/28/18 Project Name: Zoning Change and Site Plan – Lot 4A, Mesco Addition; 420 N. Kimball Ave. APPLICANT: Baird, Hampton & Brown OWNER: Mayse Properties LLC Konstantine Bakintas, PE Richard Mayse 3801 William D. Tate, Ste 500 900 E Southlake Blvd., Ste 300 Grapevine, TX Southlake, TX Phone: 817-251-8550 x301 Phone: 817-421-0770 Email: kb@bhbinc.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/19/18 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 Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us * The required parking for medical office use is a minimum 29 parking spaces. The site data indicates that 28 spaces are provided. S-P-1 regulation written allowing 28 spaces. * Maximum impervious coverage shall not exceed 65%. The site data indicates that percentage of impervious coverage is 71.76%. S-P-1 regulation written allowing up to 73% impervious coverage. * The required Canopy tree is not being provided within the east bufferyard. S-P-1 regulation written to allow the substitution of two (2) accent trees in place of each required canopy tree in the east bufferyard. This is due to existing overhead power lines along N. Kimball Avenue. * South bufferyard not to be provided due to Common Access Easement / Driveway. * Please verify masonry requirements are being met. Building shall have all exterior walls constructed using a masonry material covering at least eighty percent (80%) of said walls, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walk-way covers. Ordinance No. 557, as amended, Section 1.a. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: Case No. Attachment C ZA18-017 Page 2 * There are no existing trees on the property. LANDSCAPE COMMENTS: 1. The required Canopy tree is not being provided within the east bufferyard. Please provide at least the required amount of plant material within each required bufferyard area. * A north bufferyard is not required, and the south bufferyard is proposed to not be provided because of the existing access drive and zoning in place for Lot 5. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, PE Deputy City Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. INFORMATIONAL COMMENTS: Case No. Attachment C ZA18-017 Page 3 * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days 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/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre-construction, construction and post-construction erosion control measures. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL 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, a minimum of 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) (Plans indicate a 20 feet wide access) The Fire Lane for this structure must connect to the existing fire lanes on neighboring properties. (Clearly label all Fire Lanes) 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 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. Case No. Attachment C ZA18-017 Page 4 * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products (e.g., EIFS –exterior insulation and finish systems, hardi plank, or other materials of similar characteristics) shall not be considered a masonry material. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 33.21, Building Color Standards for Non-Residential Buildings. * 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 ZA18-017 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. VICTRON STORES LP C3 401 N KIMBALL AVE 0.89 NR 2. CHAMATHIL, VARGHESE C3 2300 E SH 114 2.13 NR 3. TATE, JOHN T SP2 2120 E SH 114 0.92 NR 4. MAYSE, RICHARD A SP2 2118 E SH 114 0.75 NR 5. SANDCO HOLDINGS LP SP2 420 N KIMBALL AVE 0.54 NR 6. TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 NR 7. BOWEN SL LTD I1 450 N KIMBALL AVE 0.37 F 8. BARGER EQUITY GROUP LLC I1 440 N KIMBALL AVE 0.32 NR 9. FUSSELMAN, BRUCE C3 2100 E SH 114 1.78 NR 10. MDP SOUTHLAKE LLC SP2 2102 E SH 114 1.56 NR 11. FC SOUTHLAKE LLC SP2 2104 E SH 114 3.64 NR 12. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 NR 13. CHAMATHIL, VARGHESE AG 411 N KIMBALL AVE 1.62 NR 14. MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.97 NR 15. MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.92 NR 16. KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.30 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fourteen (14) Responses Received: One – in favor Case No. Attachment D ZA18-017 Page 2 Case No. Attachment E ZA18-017 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-743 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 4A, BLOCK 1, MESCO ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.58 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT 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 Constitution an d 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, Case No. Attachment E ZA18-017 Page 2 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 and 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 Case No. Attachment E ZA18-017 Page 3 invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning 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 S eptember, 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 Lot 4A, Block 1, Mesco Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 0.58 acres, and more Case No. Attachment E ZA18-017 Page 4 fully and completely described in exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been desi gned, 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 Case No. Attachment E ZA18-017 Page 5 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 dir ect 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 Case No. Attachment E ZA18-017 Page 6 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 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 ______, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2018. ________________________________ MAYOR Case No. Attachment E ZA18-017 Page 7 ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-017 Page 8 EXHIBIT “A” Being described as Lot 4A, Block 1, Mesco Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 0.58 acres. Reserved for legal description document Case No. Attachment E ZA18-017 Page 9 EXHIBIT “B” Reserved for approved Site Plan