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Item 7C - Lake Wood AcresCase No. Attachment C ZA20-0048 Page 1 S T A F F R E P O R T October 13, 2020 CASE NO: ZA18-0048 PROJECT: Site Plan for Lake Wood Acres (Landmark Office) EXECUTIVE SUMMARY: N. Carroll 114 Properties, LLC is requesting approval at 1St Reading of a Zoning Change and Site Plan for Lot 15, Lake Wood Acres (Landmark Office) on property described as Lot 15, Phase 1, Lake Wood Acres Addition, City of Southlake, Tarrant County, Texas and located at 750 N. Carroll Avenue, Southlake, Texas. Current zoning: “O-1” Office District. Proposed zoning: “S-P-1” Detailed Site Plan District. SPIN Neighborhood #7 DETAILS: The project is located on the west side of N. Carroll Avenue, approximately 225 feet south of SH 114 at the northwest corner of N. Carroll Avenue a nd Lakewood Drive. The purpose of this request is to add a regulation to allow the impervious coverage to exceed 65% with the addition of 7 parking spaces to the existing parking lot. The applicant is seeking approval of the zoning change and site plan to accommodate an increase in medical office uses within the expansion of the building currently under reconstruction. The site plan was approved by City Council under ZA18- 0028. Site Data Summary Approved ZA18-0028 Proposed ZA20-0048 Existing Zoning O-1 O-1 Proposed Zoning O-1 S-P-1 with O-1 uses Land Use Designation Office Commercial Office Commercial Gross/Net Acreage 1.364/1.364 1.364/1.364 Total Building Floor Area (Gross) Floor Area by Use General Office Medical Office 11,839 sf 5,919.5 sf 5,919.5 sf 11,839 sf 2,997 sf 8,147 sf Building Ht./Number of Stories 18’-10”/1 18’-10”/1 Area of Impervious Coverage (acres) .88 .921 Open Space % 35.47% 32.5% Impervious Coverage % 64.53% 67.5% Total Parking Required 60 65 Total Parking Provided 60 67 Case No. Attachment C ZA20-0048 Page 2 Regulation “O-1” District “S-P-1” Regulation Maximum Impervious Coverage The maximum impervious coverage shall not exceed 65% of the total lot area. Allow the maximum impervious coverage to be 67.5% Bufferyard Bufferyard (plants) shall be located within and along outer and inner perimeter of a lot or boundary. Section 42.14 Modifications: Modifications may be made when strict compliance with the ordinance is impractical (required sidewalk and overhead utility lines). Allow the relocation of 3 canopy trees and 5 accent trees from the east bufferyard (10’, Type B) into the interior landscape area along the north side of the lot.* * Approved as a variance under ZA18-0028 VARIANCES REQUESTED: The applicant is requesting the following variances approved in the previous site plan approval under ZA18-0028 to continue: 1) The following issue pertains to the driveways and compliance with the Driveway Ordinance No. 634, as amended: a. Variance to Driveway Ordinance No. 634, as amended, 5.2.d, to allow an approximately 30-foot stacking depth (75 ft. is required) on N. Carroll Avenue. b. Variance to Driveway Ordinance No. 634 as amended, 4.0.b Revision of Existing Driveways for Conformance , expansion in an existing business; the existing driveway is in not conformance in the current location. The applicant has proposed to leave the driveway in its current location. * Note: The existing driveway accessing N. Carroll Avenue is “non-conforming” with the regulations of the Driveway Ordinance regarding minimum centerline spacing to Lakewood Drive (minimum 200’ from intersection required, ±48’ provided; 250’ from existing driveway to the north, ± 225’ provided) and stacking depth requirements. (75’ required, ±30’ provided). Due to the proposed chan ges to the site, Section 4.0 requires that the driveway be brought into compliance. Neither the existing driveway nor a reconstructed driveway can to be placed onto Carroll Avenue without approval of a variance to the spacing requirements. ACTION NEEDED: 1) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map Case No. Attachment C ZA20-0048 Page 3 (C) Site Plan Review Summary No. #2, dated October 2, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-772 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative and Variance Request Letter Plans SPIN Meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. Attachment C ZA20-0048 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: N. Carroll 114 Properties, LLC PROPERTY SITUATION: 750 N. Carroll Avenue LEGAL DESCRIPTION: Lot 15, Phase 1, Lake Wood Acres Addition, Southlake LAND USE CATEGORY: Office Commercial CURRENT ZONING: "O-1" Office District PROPOSED ZONING: “S-P-1” Detailed Site Plan District HISTORY: June 6, 1980; City Council approved a zoning change from “AG” Agricultural District to “A-3” Single Family District. (ZA80-015) July 29, 1980; City Council approved a final plat for Phases I, II, and III, Lake Wood Acres Addition. (ZA80-015) June 1, 1982; City Council approved a zoning change from “A-3” Single Family to Light Commercial (ZA 82-10) December 29, 1982; a building permit was issued for the construction of the office building. The O-1” Zoning District was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. October 15, 2013; City Council approved a sign variance for Sedo Cryo to allow a sign to be placed on the North Carroll Avenue east façade for the Sedo Cryo services located in the rear of the building (west façade). May 21, 2019: City Council approved the site plan noting the applicant has submitted a revised site plan which removes the proposed driveway on Lakewood Drive; and has reduced total floor area of the building to 11, 839 square feet; and granting the following variances: 1) as it pertains to the driveways and compliance with the Driveway Ordinance No. 634, as amended: a. Variance to Driveway O rdinance No. 634, as amended, Section 5.2.d, to allow an approximately an 30-foot stacking depth where 75 ft. is required on N. Carroll Avenue ; b. Variance to Driveway Ordinance No. 634 as amended, Section 4.0.b Revision of Existing Driveways for Conformance, expansion in an existing business; the existing driveway is not in conformance in the current location. The applicant has proposed to leave the driveway in its current location; also noting: The existing driveway accessing N. Carroll Avenue is currently “non-conforming” with the regulations of the Driveway Ordinance regarding minimum centerline spacing to Lakewood Drive (where a minimum 200’ from intersection required,and ±48’ are provided; 250’ from existing driveway to the north is required, and ± 225’ is provided) and stacking depth requirements where (75’ is required, and ±30’ is provided). Due to the proposed changes to the site, Section 4.0 requires that the driveway be brought into compliance. Case No. Attachment C ZA20-0048 Page 2 Neither the existing driveway nor a reconstructed dr iveway can to be placed onto Carroll Avenue without the approval of a variance to the spacing requirements; and 2) Approving a variance to Section 42 Bufferyards of the Zoning Ordinance to allow relocation of 3 canopy trees and 5 accent trees from the east bufferyard into the interior landscape area along the north side of the lot. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Office Commercial. 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. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories . Mobility & Master Thoroughfare Plan The property is located on N. Carroll Avenue, a 4-lane 100-foot wide divided arterial street. Pathways Master Plan & Sidewalk Plan In the City’s Comprehensive Plan, the Pathway Plan indicates a minimum 8-foot wide sidewalk on N. Carroll Avenue and a 5-foot sidewalk along Lakewood Drive. The applicant is pro viding the sidewalks on both streets and received a variance to the required 8-foot sidewalk along N. Carroll Avenue to allow a 5-foot sidewalk and to allow the sidewalk to be located at the back of the curb (2 ft. offset required). TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Traffic Counts N Carroll Avenue (65) (Between FM 1709 and SH 114) 24hr North Bound (11,458) South Bound (11,746) AM Peak AM (821) 11:45 AM– 12:45 PM Peak AM (956) 11:30 AM – 12:30 PM PM Peak PM (928) 12:45 – 1:45 PM Peak PM (1,199) 4:45 – 5:45 PM * Based on the 2017 City of Southlake Traffic Count Report Area Road Network and Conditions The proposed development is located at the northwest corner of the N. Case No. Attachment C ZA20-0048 Page 3 Carroll Avenue and Lakewood Drive intersection. The applicant is proposing to keep the current driveway access from N. Carroll Avenue, a 100-foot wide divided 4-lane arterial. Traffic Impact A Traffic Impact Analysis (TIA) was waived for this development as the development did not meet the threshold for a study. Use Area/Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT Medical-Dental Office (720) 8,147 sf 294 16 5 9 16 General Office (710) 2,997 sf 33 4 1 1 4 * 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 TREE PRESERVATION: No additional trees are proposed to be altered for the construction of the additional parking spaces with this . LANDSCAPE: The proposed landscaping has been adjusted and accommodated for. No required plant material was removed. UTILITIES: There is a 6-inch water line and an 8-inch sewer line that currently serve the property from N. Carroll Avenue. DRAINAGE: The applicant has provided a landscaped detention structure north of the building. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on September 22, 2020. Refer to SPIN Report in the packet. PLANNING AND ZONING COMMISSION: October 8, 2020; Approved (7-0) subject to the Staff Report dated October 2, 2020 and the Site Plan Review Summary No. #2, dated October 2, 2020; and specifically approving the variances requested . STAFF COMMENTS: Attached is Site Plan Review Summary No. #2, dated October 2, 2020. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations Y Residential Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Variance Requested for east bufferyard trees due to utilities Interior Landscape Y Complies Tree Preservation Y Complies Sidewalks Y Complies N:\Community Development\MEMO\2020 Cases\0048 - SP - Landmark Office Expansion Case No. Attachment C ZA20-0048 Page 1 Case No. Attachment C ZA20-0048 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA20-0048 Review No.: Two Date of Review: 10/2/20 Project Name: Site Plan – Lot 15, Lake Wood Acres (Landmark Office) APPLICANT: N. Carroll 114 Properties, LLC OWNER: N. Carroll 114 Properties, LLC Chris Lott Chris Lott 756 N. Carroll Avenue 756 N. Carroll Avenue Southlake, TX 76092 Southlake, TX 76092 Phone: 817-424-0888 Phone: 817-691-1347 Email: clott@lgcinc.com Email: clott@lgcinc.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/18//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 Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSTERVATION COMME NTS: * No additional trees are proposed to be altered for the construction of the additional parki ng spaces. LANDSCAPE COMMENTS: * The proposed landscaping has been adjusted and a ccommodated for. No required plant material was removed. * Indicates informational comment. # Indicates required items commen t. Development Engineering Sandra Endy, P.E. Development Engineer Phone: 817-748-8033 Case No. Attachment C ZA20-0048 Page 2 Email: sendy@ci.southlake.tx.us DRAINAGE COMMENTS: 1. The volume required listed in the SP-1 Revision box is 1,878 CF, however, the volume required on the original submittal is listed as 2,118 CF. How did the storage volume reduced when more impervious surface is being added to the proposed design? GRADING COMMENTS: 2. Verify that the 659 contour north of the northeast parking lot closes properly. 3. Provide elevations at the northeast corner high point of the new northeast parking spaces and the southwest corner high point of the new southwestern parking spaces. INFORMATIONAL COMMENTS: * 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/engine eringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237 /Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. _________________________________________________________________________________ Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (A minimum of 85,000 lbs GVW). Fire access roads must be at least 31 ft. back of curb to back of curb, standard street width. (Streets do not meet this requirement) _________________________________________________________________________________ Public Works Traffic Division Stephanie Taylor Transportation Manager Case No. Attachment C ZA20-0048 Page 3 Phone: 817-748-8216 Email: staylor@ci.southlake.tx.us No comments. ____________________________________________________________________________________ General Informational Comments * No review of proposed signs is intended with this site plan. A sepa rate 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. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requiremen ts of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be pa id. 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 ZA20-0048 Page 1 SURROUNDING PROPERTY OWNERS SPO # Owner Zoning Physical Address Acreage Response 1. BRAUN, STANSELL SF1-A 950 LAKE WOOD DR 1.18 NR 2. PACUNDA INTERESTS LP SF1-A PO BOX 92292 1.22 NR 3. TAPP, JAMES M SF1-A 850 LAKE WOOD DR 1.06 NR 4. SPRINGER, WALTER SF1-A 975 LAKE WOOD DR 1.26 NR 5. POLLARD, HEATHER SF1-A 1025 LAKE WOOD DR 1.11 NR 6. BEAUVAIS, EDWARD CALISTE SF1-A 925 LAKE WOOD DR 1.02 NR 7. AUTHENTEX DEVELOPMENT LTD O1 700 N CARROLL AVE STE 100 1.17 NR 8. DENTON, PATRICK W SF1-A 825 LAKE WOOD DR 1.31 NR 9. OLIVETI, JOSEPH SF1-A PO BOX 93134 1.01 NR 10. NIMPHIUS, JAMES J SF1-A 1050 LAKE WOOD DR 1.19 NR 11. SANDERS, HOWARD O SF1-A 1000 LAKE WOOD DR 1.10 NR 12. GREENWAY-CARROLL OAKS LP C3 2808 FAIRMOUNT ST STE 100 7.09 NR 13. MOORE, FRIEDRICH SF1-A 1050 WILD WOOD LN 0.96 NR 14. KOPPERSMITH, F M SF1-A 875 LAKE WOOD DR 1.26 NR 15. STANEK, A K SF1-A 800 LAKE WOOD DR 1.04 NR 16. 7-ELEVEN INC C2 55 IVAN ALLEN JR BLVD NW STE 8 1.74 NR 17. N CARROLL 114 PROPERTIES LLC O1 756 N CARROLL AVE 1.42 NR 18. Superintendent of Carroll ISD 2400 N Carroll Ave NR 19. Supt of Grapevine Colleyville ISD 3051 Ira E Woods Ave NR 20. Superintendent of Northwest ISD PO Box 77070 NR 21. Superintendent of Keller ISD 350 Keller Pkwy NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: 21 No Response: 21 Responses Receive d within 200 ft: In Favor: 0 Opposed: 0 Undecided: 0 Case No. Attachment E ZA20-0048 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No Responses to Date Case No. Attachment E ZA20-0048 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-772 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, PHASE 1, LAKE WOOD ACRES ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.36 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL 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 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 “O-1” Office District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA20-0048 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 o f 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 Case No. Attachment E ZA20-0048 Page 3 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 Lot 15, Phase 1, Lake Wood Acres Addition, City of Southlake, Tarrant County, Texas and located at 750 N. Carroll Avenue, Southlake, Texas being approximately 1.36 acres, and more fully and completely described in Exhibit “A” from “O-1” Office District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA20-0048 Page 4 City Council meeting: 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 ZA20-0048 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 ZA20-0048 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 ZA20-0048 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA20-0048 Page 8 EXHIBIT “A” Being described as as Lot 15, Phase 1, Lake Wood Acres Addition, City of Southlake, Tarrant County, Texas Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA20-0048 Page 9 EXHIBIT “B” Reserved for approved Site Plan