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Item 7ACase No. ZA20-0066 S T A F F R E P O R T January 26, 2021 CASE NO: ZA20-0066 PROJECT: Zoning Change and Concept/Site Plan for District 114 at Kimball Park EXECUTIVE SUMMARY: Medici Development Partners is requesting 1st Reading approval of a Zoning Change and Concept/Site Plan for District 114 at Kimball Park on property described as Lots 1, 2R, and 3-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2102-2116 E. State Hwy. 114, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Proposed Zoning: “S-P-2” Generalized Site Plan District. SPIN Neighborhood #4. DETAILS: This project is located at the northeast corner of E. State Hwy. 114 and Cherry Ln., approximately 600 feet west of the intersection of E. State Hwy. 114 and N. Kimball Ave. The purpose of this request is to seek 1st Reading approval of a Zoning Change and Concept/Site Plan to revise the previously approved Zoning Change and Concept/Site Plan for District 114 at Kimball Park (ZA18-0057), which is a three- and four-story, approximately 94,650 square foot mixed use building on approximately 3.301 acres that was approved by City Council on February 19, 2019. The proposed changes include revising the north parking garage elevation to remove the previously approved metal screen and revising the Site Plan for Lot 2R to add a sidewalk connection to the property addressed as 469 Cherry Ln. No other changes are proposed and all previous conditions of approval remain in effect. Please see Case No. ZA18-0057 for additional background information on the District 114 at Kimball Park development that is currently under construction. The Planning and Zoning recommended approval of the item (3-0-1) on January 21, 2021 with the following stipulation: P&Z Commission Motion Applicant’s Response Acknowledging the air circulation issues that Mr. Medici discussed and the intent and desire to address some of the visibility issues through landscaping, to continue to explore landscaping to the extent that you can and to take forward to Council a plan on how landscaping might address the tradeoff between removing the screen and visibility from the adjoining neighbor. No changes to the plans were received at the time this report was created. Case No. ZA20-0066 ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept/Site Plan Review Summary No. 2, dated January 15, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-657E Half Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative Letter Link to Plans STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA20-0066 Page 1 BACKGROUND INFORMATION OWNER: MDP Kimball Park 114, LLC APPLICANT: Medici Development Partners PROPERTY SITUATION: This project is located at the northeast corner of E. State Hwy. 114 and Cherry Ln., approximately 600 feet west of the intersection of E. State Hwy. 114 and N. Kimball Ave. LEGAL DESCRIPTION: Lots 1, 2R and 3-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-2" Generalized Site Plan District. PROPOSED ZONING: "S-P-2" Generalized Site Plan District HISTORY: - A Zoning Change from “O-1” Office District to “C-3” General Commercial District for Lot A, Block A, Briarwood Estates, Phase I was approved in 1991 for Lake Cities Animal Clinic. - A Zoning Change and Concept/Site Plan (ZA12-067) from “I-1” Light Industrial District to “S-P-2” Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. - A Zoning Change and Site Plan (ZA15-032) from ““S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for revisions to the Cambria Hotel Site Plan and Elevations was approved June 2, 2015. - A Zoning Change and Site Plan (ZA15-142) from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District for The Offices at Kimball Park to revise the previously approved S-P-2 Zoning and Concept Plan for Kimball Park and to seek approval of a Site Plan for an approximately 116,484 square foot four-story office building and a one- level parking garage was approved March 1, 2016. - A Site Plan (ZA17-002) for Kimball Park Lot 5 Retail/Restaurant, which includes an approximately 9,176 square foot, one-story building on approximately 1.27 acres was approved February 21, 2017. - A Zoning Change and Concept/Site Plan (ZA18-0057) for District 114 at Kimball Park was approved February 19, 2019. - A Zoning Change and Concept/Site Plan (ZA20-0016) to amend the “S-P- 2” regulations for Kimball Park to add “corporate office with associated events and internal showroom/gallery for displays” as permitted uses to Lot 5 only was approved by City Council on May 19, 2020. TREE PRESERVATION: No trees are affected by the current request. The Tree Conservation Plan that was approved with Case No. ZA18-0057 remains in effect. Case No. Attachment A ZA20-0066 Page 2 PLANNING AND ZONING COMMISSION ACTION: January 21, 2021; Approved (4-0) subject to the staff report dated January 15, 2021 and Concept/Site Plan Review Summary No. 2, dated January 15, 2021 and acknowledging the air circulation issues that Mr. Medici discussed and the intent and desire to address some of the visibility issues through landscaping, to continue to explore landscaping to the extent that you can and to take forward to Council a plan on how landscaping might address the tradeoff between removing the screen and visibility from the adjoining neighbor. STAFF COMMENTS: Attached is Concept/Site Plan Review Summary No. 2, dated January 15, 2021. The City Council motion for approval of the Zoning Change and Concept/Site plan for District 114 at Kimball Park (ZA18-0057) is below for reference: February 19, 2019; Approved at 2nd reading (7-0) subject to the Staff Report dated February 12, 2019, and Site Plan Review Summary No. 5, dated February 11, 2019, and granting the following: Approving the variances summarized in the staff’s presentation which include: - Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 150’ if the average number of parking spaces per driveway is 200 or more spaces and the total number of spaces is 200 or more spaces. The applicant is proposing stacking depths of approximately 54’ on the southern Cherry Ln. driveway and approximately 30’ on the existing S.H. 114 driveway. - Driveway Ordinance No. 634, as amended, requires a minimum 100’ centerline spacing between the garage driveways on Cherry Ln. A variance is requested to allow the 60’ centerline spacing shown. - Driveway Ordinance No. 634, as amended, requires the minimum driveway spacing from an intersection on Cherry Ln. to be 100’. The applicant is requesting a variance to allow a spacing of approximately 40’ measured from the right of way line/property line to the centerline of the driveway. - Driveway Ordinance No. 634, as amended, Section 5.2.c, prohibits commercial driveways on collector or local streets unless the lot has no other access. A variance is required to allow the three driveways on Cherry Ln., based on a determination by the Director of Public Works. Also approving a landscape variance: Case No. Attachment A ZA20-0066 Page 3 - A variance to Landscape Ord. No 544, as amended, is requested to allow the interior landscape area and materials as shown on the plan. Also noting: - Approving the applicant’s covered patio concept presented this evening, noting that the covered patio can be administratively approved if the site plan adheres to the concept presented this evening. - Screening along the west side for the parking garage is to include red cedars. - Unless modified by this zoning action – all other conditions associated with the zoning in place will remain. Case No. Attachment B ZA20-0066 Page 1 Case No. Attachment C ZA20-0066 Page 1 CONCEPT/SITE PLAN REVIEW SUMMARY Case No.: ZA20-0066 Review No.: Two Date of Review: 01/15/21 Project Name: Zoning Change and Site Plan – District 114 at Kimball Park APPLICANT: Jeff Medici OWNER: Jeff Medici Medici Development Partners MDP Kimball Park 114, LLC 2106 E. SH 114, Ste. 103 2106 E. SH 114, Ste. 103 Southlake, TX 76092 Southlake, TX 76092 Phone: (214) 784-1617 Phone: (214) 784-1617 E-mail: jeff@medicidp.com E-mail: jeff@medicidp.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/30/2020 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 RICHARD SCHELL AT (817) 748-8602. * The only changes to the previously approved Zoning Change and Concept/Site Plan for District 114 at Kimball Park (ZA18-0057) are the removal of the screen on the parking garage and the addition of the sidewalk connection to the adjacent property as shown on the plans. No other changes are proposed and all previous conditions of approval remain in effect. * The following Variances to Driveway Ordinance No. 634 and Landscape Ordinance No. 544, as amended, were approved with the original Zoning Change and Concept/Site Plan for District 114 at Kimball Park (ZA18-0057): a. City Council approved variances to the stacking depths on all three driveways on Cherry Ln. in addition to the main driveway on S.H. 114. The correct dimensions for the garage driveways are 71’ for the southern driveway and 32’ for the northern driveway. The stacking on the southernmost driveway is 54’. Approximately 30’ of stacking depth is shown on the E. S.H. 114 driveway. The required stacking depth is 150’ on the southern Cherry Ln. driveway and the SH 114 driveway (more than 200 total spaces and more than 200 spaces per driveway on the three Kimball Park driveways). The parking garage does not have direct driveway access to the rest of the site, so the required stacking depth on the two garage driveways is 100’ (more than 200 spaces total and between 50 and 199 spaces per driveway). b. A variance to the minimum centerline spacing between driveways was approved. The required spacing on Cherry Lane is 100’ and a variance was approved to allow the 60’ spacing between the two northernmost driveways on Cherry Ln. c. City Council approved a variance to the minimum distance from the right of way line/property line to the centerline of the driveway for the distance to an interse ction on Cherry Ln. The minimum required distance is 100’ and a variance was approved to allow a distance of approximately 40’. d. A variance to Driveway Ordinance No. 634, as amended, Section 5.2.c, which prohibits commercial driveways on collector or local streets unless the lot has no other access was approved to allow the three driveways on Cherry Ln. Case No. Attachment C ZA20-0066 Page 2 e. Both the minimum required interior landscape area and plant material are not provided. A variance was approved to allow the landscape area and materials as shown. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 * The proposed changes do not propose to alter any of the approved landscaping. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments based on the information submitted. General Informational Comments * A SPIN meeting for the original Zoning Change and Concept/Development Plan for District 114 at Kimball Park was held December 11, 2018. * 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. * 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. Case No. Attachment C ZA20-0066 Page 3 * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections a re 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. * The City Council motion for approval of the original Zoning Change and Site Plan for District 114 at Kimball Park (ZA18-0057) is below for reference: February 19, 2019; Approved at 2nd reading (7-0) subject to the Staff Report dated February 12, 2019, and Site Plan Review Summary No. 5, dated February 11, 2019, and granting the following: Approving the variances summarized in the staff’s presentation which include: - Driveway Ordinance No. 634, as amended, requires a minimum stacking depth of 150’ if the average number of parking spaces per driveway is 200 or more spaces and the total number of spaces is 200 or more spaces. The applicant is proposing stacking depths of approximately 54’ on the southern Cherry Ln. driveway and approximately 30’ on the existing S.H. 114 driveway. - Driveway Ordinance No. 634, as amended, requires a minimum 100’ centerline spacing between the garage driveways on Cherry Ln. A variance is requested to allow the 60’ centerline spacing shown. - Driveway Ordinance No. 634, as amended, requires the minimum driveway spacing from an intersection on Cherry Ln. to be 100’. The applicant is requesting a variance to allow a spacing of approximately 40’ measured from the right of way line/property line to the centerline of the driveway. - Driveway Ordinance No. 634, as amended, Section 5.2.c, prohibits commercial driveways on collector or local streets unless the lot has no other access. A variance is required to allow the three driveways on Cherry Ln., based on a determination by the Director of Public Works. Also approving a landscape variance: - A variance to Landscape Ord. No 544, as amended, is requested to allow the interior landscape area and materials as shown on the plan. Also noting: - Approving the applicant’s covered patio concept presented this evening, noting that the covered patio can be administratively approved if the site plan adheres to the concept presented this evening. - Screening along the west side for the parking garage is to include red cedars. - Unless modified by this zoning action – all other conditions associated with the zoning in place will remain. Case No. Attachment C ZA20-0066 Page 4 * Denotes Informational Comment Case No. Attachment D ZA20-0066 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. CLTH AND AR ASSOCIATES INC MF1 440 CHERRY LN 0.50 NR 2. CLTH AND AR ASSOCIATES INC MF1 430 CHERRY LN 0.50 NR 3. C & L PARTNERSHIP LTD C2 2000 E SH 114 1.04 NR 4. TATE, JOHN T SP2 2120 E SH 114 0.92 NR 5. TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 NR 6. FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR 7. LEE, K WAYNE SP2 566 N KIMBALL AVE 0.66 NR 8. KIMBALL LAKES PROPERTY OWNERS SP2 572 N KIMBALL AVE 0.39 NR 9. HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.95 NR 10. HALIM, EMIL A MF1 725 CHERRY CT 0.96 NR 11. CHERRY LANE PARTNERS LP O1 485 CHERRY LN 1.95 NR 12. VAN TIL, JOHN J MF1 625 CHERRY LN 1.01 NR 13. COMPUTER CPR COMMAND CENTER LL O1 469 CHERRY LN 1.00 F 14. KIMBALL ROAD LP I1 500 N KIMBALL AVE 1.60 NR 15. TDC MANAAGEMENT LLC SP2 560 N KIMBALL AVE 0.48 NR Case No. Attachment D ZA20-0066 Page 2 16. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 NR 17. BELF, BRETT AG 501 N KIMBALL AVE 3.40 NR 18. ST LAURENCE EPISCOPAL CHURCH CS 517 N KIMBALL AVE 6.43 NR 19. BOWEN SL LTD I1 450 N KIMBALL AVE 0.37 NR 20. MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.53 NR 21. BARGER EQUITY GROUP LLC I1 440 N KIMBALL AVE 0.33 NR 22. GREAT GROWTH PROPERTIES LLC SP1 2118 E SH 114 0.75 NR 23. SILVERADO SOUTHLAKE LLC SP1 2001 E KIRKWOOD BLVD 4.41 NR 24. FC SOUTHLAKE LLC SP2 2104 E SH 114 3.64 NR 25. BRANSFORD ROAD LLC MF1 575 CHERRY LN 1.10 O 26. ONCOR ELECTRIC DELIVERY CO LLC CS 550 N KIMBALL AVE 2.48 NR 27. MDP KIMBALL PARK OFFICE LLC SP2 2108 E SH 114 5.17 NR 28. KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.30 NR 29. MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.97 F 30. MDP KIMBALL PARK 114 LLC SP2 2102 E SH 114 3.35 NR 31. MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.92 F Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Thirty-one – (31) Responses Received: Three (3) – Attached Case No. Attachment D ZA20-0066 Page 3 Case No. Attachment D ZA20-0066 Page 4 Case No. Attachment D ZA20-0066 Page 5 Case No. Attachment E ZA20-0066 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-657C 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 LOTS 1, 2R AND 3-6, KIMBALL PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.27 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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 “S-P-2” Generalized Site Plan District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA20-0066 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 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 ZA20-0066 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 Lots 1, 2R and 3-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas, being approximately 17.27 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site Plan District as depicted on the approved Concept and Site Plans attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA20-0066 Page 4 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 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. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment E ZA20-0066 Page 5 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 post 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, Case No. Attachment E ZA20-0066 Page 6 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 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 ______, 2021. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ______ day of _______, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA20-0066 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA20-0066 Page 8 EXHIBIT “A” Being described as Lots 1, 2R and 3-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plats filed as Instrument Nos. D216064993 and D220140492, Plat Records, Tarrant County, Texas and being approximately 17.27 acres. Case No. Attachment E ZA20-0066 Page 9 EXHIBIT “B” Reserved for approved Concept/Site Plan