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Item 9 - ZEM PropertiesCase No. ZA20-0028 S T A F F R E P O R T May 29, 2020 CASE NO: ZA20-0028 PROJECT: Zoning Change and Site Plan for ZEM Properties Phase 2 REQUEST: On behalf of ZEM Properties, A.N.A. Consultants, LLC is requesting approval of a Zoning Change and Site Plan on property described as Tracts 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, and 1B6H, Harrison Decker Survey Abstract No. 438, City of Southlake, Tarrant County, Texas, and located at 1211, 1213,1215, and 1217 Timberline Court, Southlake, Texas. Current Zonin g: “MH” Manufactured Housing District. Requested Zoning: “I-1” Light Industrial District. SPIN Neighborhood #8. DETAILS: The property is located approximately 360 feet south of the intersection of E. Continental Blvd. and Timberline Cou rt. The purpose of this item is to seek approval of a zoning change and site plan for the development of one approximately 10,442 sf light industrial building (Phase 2) and the conceptual plan for a future light industrial building (Phase 3). The future approximately 16,000 sf Phase 3 light industrial building will require approval of a site plan by City Council following a recommendation by the Planning and Zoning Commission prior to construction. Case No. ZA20-0028 Site Data Summary Existing Zoning “MH” Manufactured Housing Proposed Zoning “I-1” Light Industrial Land Use Designation Industrial and Mixed Use Gross Acreage 1.48 acres Number of Proposed Lots 1 Building Footprint Phase 2: 10,442 sf and Phase 3: 15,762 sf Number of Stories 1 Maximum Building Heights 22 ft. Area of Open Space 21,760 sf Open Space % 28% Impervious Coverage 55,912 sf Impervious Coverage % 72% Proposed Floor Area Phase 2 – 10,442 sf Office: 1,566.3 sf Warehouse: 8,875.7 sf Phase 3 – 15,762 sf Office: 2,364.3 sf Warehouse: 13,397.7 sf Required Parking Office (1/300) Warehouse (1/1000) Total Required: 37 spaces Phase 2 6 spaces 9 spaces 15 spaces Phase 3 8 spaces 14 spaces 22 spaces Provided Parking: Total: 54 spaces Phase 2 33 spaces 2 HC spaces Total: 35 spaces* Phase 3 20 spaces 1 HC (Restriped Phase 2) Total:21 spaces Anticipated Construction: Phase 2: July 2020 Phase 3: July 2022 *2 regular parking spaces in Phase 2 to become 1 HC space for Phase 3 ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. #2, dated May 29, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-769 PowerPoint Presentation Narrative Plans SPIN Meeting Report STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA20-0028 Page 1 BACKGROUND INFORMATION OWNER: ZEM Properties, Inc. APPLICANT: A.N.A. Consultants, LLC PROPERTY SITUATION: 1211, 1213, 1215, and 1217 Timberline Court, Southlake, Texas. LEGAL DESCRIPTION: Tracts 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, and 1B6H, Harrison Decker Survey Abstract No. 438, City of Southlake, Tarrant County, Texas, LAND USE CATEGORY: Industrial and Mixed Use CURRENT ZONING: “MH” Manufactured Housing District PROPOSED ZONING: “I-1” Light Industrial District HISTORY: These properties were annexed into the City in 1987. The “MH” Manufactured Housing District zoning designation was approved with the adoption of the Zoning Ordinance No. 480 and the official zoning map on September 19, 1989. CITIZEN INPUT: A SPIN Town Hall Forum was held on May 26, 2020. SOUTHLAKE 2030: Consolidated Fu ture Land Use The Southlake 2035 Future Land Use Plan designates this property as Mixed Use. The image to the right illustrates the Future Land Use for the proposed location. Mixed Use as defined within Southlake 2035: The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. As proposed, this Site Plan is consistent with the Future Land Use Plan. Case No. Attachment A ZA20-0028 Page 2 Master Thoroughfare Plan Subdivision Ordinance No. 483-P, as amended, Section 5.02 notes that for Non-Residential Local Streets a R.O.W. width not less than 60’ should be required. The applicant adequately meets this requirement by showing a 60’ R.O.W. width along Timberline Court. Pathways / Sidewalk Plan The City’s Zoning Ordinance No. 480, as amended, Section 33.19 requires sidewalks at a minimum of 5-foot in width for all development requiring a City Council approved Site Plan. The applicant has provided the 5-foot sidewalk on the site plan. TRANSPORT ATION ASSESSMENT: Area Road Network and Conditions Timberline Court current is a two lane with a 60-foot right-of-way. The applicant is proposing two driveways for the development off Timberline Court. The site plan indicates approximately 162’ of centerline driveway spacing between the existing driveway on 1213 Timberline Court to the south and the proposed driveway for 1207 Timberline Court. Traffic Impact Use Area Vtpd* AM- IN AM- OUT PM- IN PM- OUT General Office Building (710) 1,566 6 1 1 1 1 Warehousing (150) 8,876 45 4 4 2 4 Total 10,442 51 5 5 3 5 * 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 UTILITIES: Water There is an existing 6-inch water line along the east side of Timberline Court. Sewer There is an existing 8-inch sanitary sewer line on the west sid e of Timberline Court. TREE PRESERVATION: The proposed preservation of existing tree cover does not comply with the Existing Tree Cover Preservation Require ments of the Tree Preservation Ordinance 585-E. There is 25% of existing tree cover on the property and a minimum of 60% of the tree cover is required to be preserved. Only 42% of the existing tree cover is proposed to be preserved. The applicant is proposing to mitigate the additional removal of 3,522 square feet of canopy cover by providing twelve (12) additional canopy trees within the landscape design. CITIZEN INPUT: A SPIN meeting was held on May 26, 2020 for this development. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated May 29, 2020. N:\Community Development\MEMO\2020 Cases\0028 - ZCSP - ZEM Addition Phase 2 Case No. Attachment B ZA20-0028 Page 1 Case No. Attachment C ZA20-0028 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA10-0028 Review No.: Two Date of Review:5/29/20 Project Name: Zoning Change and Site Plan – ZEM Properties Phase 2 APPLICANT: A.N.A. Consultants, L.L.C. OWNER: ZEM Properties Mark Assaad David Maserang 5000 Thompson Terrace P.O. Box 1725 Colleyville, TX 76034 Colleyville, TX 76034 Phone: 817-999-5376 Phone: 817-577-0661 Email: Mark.Assaad@ANALLC.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/18/2020 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 1. Provide height and overall dimensions on the north building front elevation. 2. Label all exterior building materials on the elevations. 3. Show the location, type, and height of all walls, fences, and screening devices. N ote whether existing or proposed. 4. The required loading spaces for each industrial building of 10,000 sf to 24,999 sf is required a minimum of 3 loading spaces, 2 of each 3 must be a minimum of 10’ x50’ and the remainder, a minimum of 10’ x 25’. Spaces can be interior of a building with overhead doors. Provide, show and label the loading spaces. Include these loading spaces in the Site Data Summary chart. *Note: * The property is subject to Section 43.14, Non-Residential Adjacency Standards in Zoning Ordinance 480, as amended, which requires site plan approval by the City Council following a recommendation by the Planning and Zoning Commission and subject to all regulations applicable to the proposed I-1 Light Industrial district. * This property is subject to the Masonry Ordinance 557, as amended, but is exempted by– HB 2439 of the 86th Legislature of the State of Texas. All materials must meet applicable building codes. Informational Comments • The proposed zoning change and site plan for this case does not include the south building elevations. A separate site plan application and approval will be required prior to construction of the south building. ___________________________________________________________________________________ Case No. Attachment C ZA20-0028 Page 2 Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Please include the Tree Protection Plan within the Civil Plans set. * The proposed preservation of existing tree cover does not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. There is 25% of existing tree cover on the property and a minimum of 60% of the tree cover is required to be preserved. Only 42% of the existing tree cover is proposed to be preserved. The applicant is proposing to mi tigate the additional removal of 3,522 square feet of canopy cover by providing twelve (12) additional canopy trees within the landscape design. * Except as provided by subsection 7.2.b. of the Tree Preservati on Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage require ments established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at t he time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Req uirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of- way as approved by City Council. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all pha ses and construction of the development. Alteration or removal o f any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Coun cil. Please ensure that the layout of all st ructures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: * Existing tree credits are proposed to be taken. Existing tree credits shall only be gra nted if the tree/s Case No. Attachment C ZA20-0028 Page 3 are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined at the time of inspection for a Permanent Certificate of Occupan cy. * Indicates informational comment. # Indicates required items comment. ___________________________________________________________________________________ Public Works/Engineering Review Steve Anderson, P.E., CFM Deputy Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us The City of Southlake Public Works has reviewed the plans for this project and has the f ollowing comments. Please submit an electronic copy of the 2nd submittal along with a response letter addressing all comments to Zayne Huff in our office. 1. Cover Shee t notes 1 refers to Southlake, 2 refers to The Colony . 2. One of the addresses in the design sheets is incorrect. 3. Sheet C10.0 – there is text on text at bottom right corner. 4. Sheet C10.1/Site Plan – The Site Plan shows a red dot for the outfall of the detention pond. The outfall cannot release concentrated flow at a property line. The flow needs to be shallow, spread flow. The pond out fall needs to be 25-30 feet from the property line. 5. Sheet C10.2 – needs to reference proper city in note on lower right corner. 6. Sheet C12.0 – the erosion control note 5 is not complete. 7. Sheet C12.0 – the erosion control note 10 needs a correction. 8. Sheet C12.0 – the erosion control note 13 needs a correction. __________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vau lt. Riser rooms shall be a minimum of 5’X5’ if the double check is located in a vault, or a minimum of 6’X6’ if it is located on the riser. (Label riser room location and show dimensions) Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. (FDC location not indicated on the plans) _____________________________________________________________________________________ Public Works Traffic Division Stephanie Taylor Transportation Manager Phone: 817-748-8216 Case No. Attachment C ZA20-0028 Page 4 Email: staylor@ci.southlake.tx.us No Comments. ___________________________________________________________________________________ General Informational Comments * No review of proposed signs is intended with th is site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from rights-of-way 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 comp ly with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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 requi red 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 C ZA20-0028 Page 5 Case No. Attachment D ZA20-0028 Page 1 Surrounding Property Owners SPO # Owner Zoning Physical Address Acreage Response 1. LIGHTCAP, WALTER R MH 1206 TIMBERLINE CT 0.47 O 2. ZEM PROPERTIES INC MH 1208 TIMBERLINE CT 0.47 NR 3. UNDERWOOD, RICHARD R MH 1210 TIMBERLINE CT 0.46 NR 4. HANDALON LLC MH 1212 TIMBERLINE CT 0.44 NR 5. JOLLY, MALWINDER BAWA MH 1214 TIMBERLINE CT 0.49 NR 6. GUO, HONGLIN MH 1220 TIMBERLINE CT 1.39 NR 7. ZEM PROPERTIES INC MH 1222 TIMBERLINE CT 0.48 NR 8. MCCLELLAN, TOMMIE LEE MH 1216 TIMBERLINE CT 0.48 NR 9. ZEM PROPERTIES INC MH 1211 TIMBERLINE CT 0.09 NR 10. ZEM PROPERTIES INC MH 1213 TIMBERLINE CT 0.39 NR 11. ZEM PROPERTIES INC MH 1213 TIMBERLINE CT 0.08 NR 12. ZEM PROPERTIES INC MH 1215 TIMBERLINE CT 0.36 NR 13. ZEM PROPERTIES INC MH 1217 TIMBERLINE CT 0.42 NR 14. ZEM PROPERTIES INC MH 1215 TIMBERLINE CT 0.07 NR 15. ZEM PROPERTIES INC MH 1217 TIMBERLINE CT 0.09 NR 16. TEXMNG LLC MH 1219 TIMBERLINE CT 0.43 NR 17. WILLOUGHBY, MARK D MH 1221 TIMBERLINE CT 0.40 O 18. RENDA, MARIA MH 1223 TIMBERLINE CT 0.39 NR 19. WILLOUGHBY, MARK D MH 1221 TIMBERLINE CT 0.08 O 20. MAGELLAN PIPELINE TERMINALS LP I2 1900 STATE HWY 26 15.60 NR 21. ZEM PROPERTIES INC I1 1207 TIMBERLINE CT 0.88 NR 22. ZEM PROPERTIES INC MH 1211 TIMBERLINE CT 0.45 NR 23. STOWE FAMILY PARTNERS LTD I1 1951 E CONTINENTAL BLVD 1.13 NR 24. EXPLORER PIPELINE CO I2 2200 MUSTANG CT 15.33 NR 25. Supt of Carroll ISD NR 26. Supt of Grapevine Colleyville ISD NR 27. Supt of Northwest ISD NR Case No. Attachment D ZA20-0028 Page 2 28. Supt of Keller ISD Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received within 200’: In Favor: 0 Opposed: 2 Undecided: 0 No Response: 15 - Case No. Attachment D ZA20-0028 Page 3 SURROUNDING PROPERTY OWNERS RESPONSES Within 200 ft. Case No. Attachment D ZA20-0028 Page 4 Case No. Attachment E ZA20-0028 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-769 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, AND 1B6H, HARRISON DECKER SURVEY ABSTRACT NO. 438, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.78 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “MH” MANUFACTURED HOUSING DISTRICT TO “I-1” LIGHT INDUSTRIAL 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 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 “MH” Manufactured Case No. Attachment E ZA20-0028 Page 2 Housing 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 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 invade the Case No. Attachment E ZA20-0028 Page 3 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 September 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tracts 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, and 1B6H, Harrison Decker Survey Abstract No. 438, City of Southlake, Tarrant County, Texas being approximately 1.78 acres, and more fully and completely described in Exhibit “A” from “MH” Manufactured Housing District to “I-1” Light Industrial District Case No. Attachment E ZA20-0028 Page 4 as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: City Council motion: SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment E ZA20-0028 Page 5 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 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 Case No. Attachment E ZA20-0028 Page 6 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 _____, 2020. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2020. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA20-0028 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA20-0028 Page 8 EXHIBIT “A” Tracts 1B15, 1B6F, 1B14, 1B6E, 1B, 1B6E, 1B17, and 1B6H, Harrison Decker Survey Abstract No. 438, City of Southlake, Tarrant County, Texas Case No. Attachment E ZA20-0028 Page 9 EXHIBIT “B” Reserved for approved Site Plan