Loading...
Item 6C9 CASE NO: ZA21-0028 SOUTHLAKE PLANNING & DEVELOPMENT SERVICES STAFF REPORT May 11, 2021 PROJECT: Zoning Change and Site Plan for 3220 W. Southlake Blvd. EXECUTIVE SUMMARY: Tone Shop Southlake, LLC, is requesting approval of a Zoning Change and Site Plan on property described as Lot 14, J.G. Allen No. 18 Addition, City of Southlake, Tarrant County, Texas, and located at 3220 W. Southlake Blvd., Southlake, Texas. SPIN Neighborhood #11. DETAILS: Case No. ZA21-0028 This project is located approximately 225 feet east of the intersection of W. Southlake Blvd. and Pearson Road on the southside of the road. The purpose of this request is to seek approval of a zoning change and site plan to allow retail sales of musical instruments in an approximately 3,450 square foot lease space of the existing 7,529 square foot building. The existing tenant, School of Rock has reduced their lease space to approximately 4,100 square feet and will remain in the building. The Tone Shop Guitars will sell acoustic and electric guitars and related accessories as well as offer basic guitar maintenance and repair. The store will include 5% of sales generated by previously owned instruments. The applicant has noted that the 3,450 square foot lease space will be used as follows: 456 sq. ft. storage, 156 sq. ft. restrooms, 798 sq. ft. acoustic guitar selling area, 1000 sq. ft. electric guitar sales, and the remaining square footage will be used as common area for amplifier and accessories selling areas. Site Data Summary Existing Zoning S -P-1 with "O-1" & ltd. comm. school uses* Proposed Zoning S -P-1 with Land Use Designation Retail Commercial Acreage 0.848 Total Building Floor Area (Gross) 7,529 sf School of Rock 4,079 sf Proposed Retail 3,450 sf Building Height/Number of Stories 12'-9"/1 story Open Space % 17% Impervious Coverage % 83% Total Parking Required (S -P-1) 37 spaces School of Rock 20 spaces Tone Shop 17 spaces Total Parking Spaces Provided 37 *The parking ratio for the studio uses has been revised to 1 space for every 204 sq. ft. of floor area to reflect the reduction in parking in front of the building. (ZA10-042) ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2nd reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. #2, dated April 16, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-5338 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Narrative Plans SPIN Report STAFF CONTACT: Ken Baker Patty Moos Case No. ZA21-0028 (817) 748-8067 (817) 748-8269 BACKGROUND INFORMATION OWNER: Quad 9 Investments I, L.P. APPLICANT: Tone Shop Southlake, LLC PROPERTY SITUATION: 3220 W. Southlake Boulevard LEGAL DESCRIPTION: Lot 14, J.G. Allen No. 18 Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "S -P-1" Detailed Site Plan District with "O-1" Office District uses including studios for the practice, education or training in academics, dance and/or music and exercise. REQUESTED ZONING: "S -P-1" Detailed Site Plan District with "O-1" Office District uses including studios for the practice, education or training in academics, dance and/or music and exercise and to allow retail sales of musical instruments. HISTORY: The majority of the subject property was zoned "AG" Agricultural when it was annexed into the City in October of 1987. The existing approximately 7,500 square foot office building was built in 1982 prior to annexation. A zoning change from "AG" Agricultural District to "R -PUD" Residential Planned Unit Development District on the eastern 0.2 acres of this site as part of Chesapeake Place was approved by City Council April 6, 1999. A zoning change and site plan from "AG" Agricultural District and "R -PUD" Residential Planned Unit Development District to "S -P-1 " Detailed Site Plan District with "0-1" Office District uses was approved by City Council October 2, 2007 (ZA06-160). A plat showing for Lot 14, J.G. Allen No. 18 Addition was filed October 23, 2007. A zoning change and site plan for School of Rock was approved September 7, 2010 for a "S -P-1" Detailed Site Plan District with "0-1" Office District uses to also include studios for the practice, education or training in academics, dance and/or music and exercise. (ZA10-042) SOUTHLAKE 2035 PLAN: 2035 Land Use Plan Designation: Retail Commercial Retail Commercial Purpose and Definition: 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. Case No. Attachment A ZA21-0028 Page 1 TRANSPORTATION ASSESSMENT: TREE PRESERVATION; UTILITIES: DRAINAGE: CITIZEN INPUT: PLANNING AND ZONING COMMISSION: This category is intended to encourage 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 those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories previously discussed. comprehensively planned Mobility & Master Thoroughfare Plan The property fronts on W. Southlake Blvd., a 6 -lane, 130 ft. -140 ft. wide divided arterial. This request will not affect the current street. Pathways Master Plan & Sidewalk Plan An 8 -foot multi -use trail currently exists along W. Southlake Blvd. in front of the property. Area Road Network and Conditions Access to the property will be off W. Southlake Blvd. Traffic Counts Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. No trees will be affected by this request. No utilities will be affected by this request. No drainage will be affected by this request. A SPIN meeting was held for this request on April 27, 2021. April 22, 2021; Approved (4-0) subject to the Staff Report dated April 16, 2021, and the Site Plan Review Summary No. 2 dated April 16, 2021. CITY COUNCIL: May 4, 2021; Approved (7-0), 1st Reading, subject to the Staff Report dated April 27, 2021, and Site Plan Review Summary No. #2, dated April 16, 2021; noting we are allowing retail sales of musical instruments in an approximately 3,450 square feet of the 7,529 square foot building; and Case No. Attachment A ZA21-0028 Page 1 noting, all other existing "S -P-1" regulations will remain in place; and noting, we are approving the new use which requires the zoning change. STAFF COMMENTS: Attached is Site Plan Review Summary No. #2, dated April 16, 2021. IISVFS0021THLocahCommunity DevelopmentlMEMO12021 Cases10028 - ZSP- 3220 W. Southlake Blvd Case No. Attachment A ZA21-0028 Page 1 Case No. Attachment B ZA21-0028 Page 1 Vicinity Map 3220 W. Southlake Blvd. 3255 3225 3216 3125 101 1 LLJ Z 108 1 J z P3111) 104 1 (1} W di- Z 3208 � �� -R z)KYN W SOUTHLAKE BLVD a 328{] 3110 3051 3C3d 2951 30131 Z I J 1X0 ip 1D55 LLQ -..JJ A. fC W120 115 30G1 �' `'CCB: 2810 U] 2 720 X30 240 250 200 2914 4 205 215 225 z36 245 255 y �t14 13146 3120 IRONCLA 3715 314 3135 13125 . w u� ANHATAN CT �3�14531M3125 ±2 I EM03141,03 3110 Zoning Change and Site Plan _ 0 90 180 3Kri Case No. Attachment B ZA21-0028 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0028 Review No.: Two Date of Review: 4/16/21 Project Name: Zoning Change and Site Plan — 3220 W. Southlake Blvd. APPLICANT: Tone Shop Southlake LLC Jay Tynes 908 Warren Crossing CODDell. TX 75019 Phone: 908-307-7424 Email: Jay@Toneshopguitars.com OWNER: Quad 9 Investments, I, LP Dr. Rajesh Gogia Phone: 214-502-8157 Email: gogiar@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/29//2021 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(a�ci.southlake.tx.us All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartinCa-),ci.south lake.tx.us No comments. Development Engineering Sandra Endy, P.E. Development Engineer Phone: 817-748-8033 Email: sendy(a.ci.southlake.tx.us No comments. Case No. Attachment C ZA21-0028 Page 1 Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements(aD-ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment C ZA21-0028 Page 2 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning_Physical Address Acreage 325 1 32GC City of Keller 3155 3225 215 _ _ 1- 2. LENNA LLC C2 3280 W SOUTHLAKE BLVD 1;~ NR 3. MADRID, MARIO A Q 120 SURREY CT 0.38 NR LL! MORRIS, CHRYSTAL RPUD 105 SURREY CT CLq NR 5. NAVARO, DONALD J 2 110 SURREY CT 0 NR 6. PEARSON 1709 LTD C2 312a 311E (ELLER PK'AIY NR W S BLS SP1 3220 W SOUTHLAKE BLVD 311 3D51 8. n A q 32'8D 3220 100 SURREY CT 0.42 NR 9. s.di 5 a S1 105 ?{� 5 11 LU F 115 I ,- �55 EL NR 11. SPRINGER, JERRY Vi 250 CHESAPEAKE LN 293 - 240.25a 2rD 12. Ia _ 205 15 225. las ass Superintendent of Grapevine Colleyville ISD 3140 313Q 31. 14. Superintendent of Keller ISD IRONCLAD NR 15. 3145 3135 3125 SPO # Owner Zoning_Physical Address Acreage Response 1. City of Keller NR 2. LENNA LLC C2 3280 W SOUTHLAKE BLVD 0.77 NR 3. MADRID, MARIO A RPUD 120 SURREY CT 0.38 NR 4. MORRIS, CHRYSTAL RPUD 105 SURREY CT 0.57 NR 5. NAVARO, DONALD J RPUD 110 SURREY CT 0.52 NR 6. PEARSON 1709 LTD C2 101 N PEARSON LN 2.35 NR 7. QUAD 9 SANDY LANE I LP SP1 3220 W SOUTHLAKE BLVD 0.85 NR 8. RANSDELL, TYLER J RPUD 100 SURREY CT 0.42 NR 9. SOUTHLAKE PSE INC C2 3119 W SOUTHLAKE BLVD 2.46 NR 10. SOUTHLAKE, CITY OF CS 3200 W SOUTHLAKE BLVD 3.36 NR 11. SPRINGER, JERRY SF20A 250 CHESAPEAKE LN 0.56 NR 12. Superintendent of Carroll ISD NR 13. Superintendent of Grapevine Colleyville ISD NR 14. Superintendent of Keller ISD NR 15. Superintendent of Northwest ISD NR 16. WALLACE, SCOTT SF20A 240 CHESAPEAKE LN 0.57 NR 17. WILLIAMS, BILLY E RPUD 115 SURREY CT 0.48 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Sixteen (16) Responses Received within 200': In Favor: 0 Opposed: 0 Undecided: 0 No Response: 16 Case No. Attachment D ZA21-0028 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses received to date Case No. Attachment E ZA21-0028 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-533B 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 14, J.G. ALLEN NO. 18 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY .848 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P-1" DETAILED 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 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-1" Detailed Site Case No. Attachment F ZA21-0028 Page 1 Plan District with Office District Uses 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 F ZA21-0028 Page 2 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 Lot 14, J.G. Allen No. 18 Addition, City of Southlake, Tarrant County, Texas being approximately 0.848 acres, and more fully and completely described in Exhibit "A" from "S -P-1" Detailed Site Plan District with Office District Case No. Attachment F ZA21-0028 Page 3 Uses to ""S -P-1" Detailed Site Plan District with Office District Uses including as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: "S -P-1" Letter and Regulations: Approved October 2, 2007 The Site shall follow the -0-t.` offi-ce cl<st ict Jses. regulation in accordance with OrdinanGe No. 480. Saeci on 18, as amended, except as folle;+rs: a. Front Ward: There shall be a Front yard ,of not less than twenty three (23) feet. b. Maximum Impervious Coverage' The maximum impervious coverage shall not exceed eighty three (83%• perceni of total lot afea. c. Biufferjards shaft swot be required due to existing site conditions. d. Build.r"g shall be pe�mi'ted to exist as currently constricted, but shall be permitled to ce improved in accordance with the aUched architectural rendering. Case No. Attachment F ZA21-0028 Page 4 Ordinance No 480-533a (ZA10-042) `s -P-1" Letter Ntailed Silo Plan 101strict for 3220 vv. southlake Blvd, Southiake. TX - 76032 This She shall comply with all cendltlome of the City of Southlake Comprehensiva Zoning Ordinance No. 4aD. as amended, as It perlaairrs to the Soctlonig. *0-1-vfflce district uses and regulations with the foillowing exceptions: PermJtted Uses All uses permitted Fn dw-0-1-office district uses and to include the following addftnatl uses'. Studios for the practice, educallon or (raining in academics, dance anbfor music and exercise, Hours of operatlon for these uses shall be I imi6ed to the following: M -F: 12:00 PM to 9°00 Phi, Saturday and Sunday' 9,00 AM to 9;00 PM - The building Is approximately 7500 Square feet and site pian. survey and all ether related documents are already on city files, The school of neck has chosen the building at 3220 W. Southlake Blvd for the purposa of central office for tttair DFw area. and also have a music school at the to tion. Part of the building is common areas including hallways, common restropms. storage, network room etc and occupiss approximately 2500 Sq Fl. Rest of the giaace vAR be used for office space (aprox 1500 Sq Ft), recording room (approx 1500 Sq Fl) The remainder of the 2000 Sq FT will be divided Inks instruction roams for music lessons. There are 37 parking spaces on tha ,property allo+Ing for a ratio of 1,204 (one parking spat for every 204 Sq Ft) for the eWr re building, The School expects to have anywherefror•7 50-75 slkosnts enrolled on a rolling bass yearround. With peaksof 75 students duri+ig summer breaks_ The classes are usually on the weekends and evenings. ParenIVSiblings typically drop their kids for lessons a -d prick them afler lessons. Tharo are usually 10-20 students at any given active time of lessons. The peak time For number of concurrent students (approx 20) taking lessons during the day would be after school 4Pm to 7Pm and on the weekends. City CouncIii! motion for S -P-1 zoning approved September 7, 2010 1) recognizing that the applicant will complete the landscaping within six months and that the occupancy 6f the building would be conditioned on a terrmpor" basis until the landscaping is completed; 2) the applicant will remove the top portion of the monume-nt sign immediately and with six months will bring in a plan that complies with the existing sign ordinance or remove the sign; 3) the applicant will work with staff to replace the Mexican Feather Grass with other suitable landscape materials Subject to the staff's discretion; 4) recegnixing that the applicant will not %ithhold, impede or impair access to the property immediately to the west pursuant to the existing access easement, 5) subject to Staff Review summary No. 3 dated August 31, 2010, Case No. Attachment F ZA21-0028 Page 5 "S -P-1" Letter and Regulations "°S -P-1" Letter Detailed Site Plan District for 3220 W. Southlake Blvd, Southlake, TX - 76092 This site shall comply with all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Section18, "O-1 "office district uses and regulations with the following exceptions: Permitted Uses All uses permitted in the "0-1" office district uses and to include the following additional uses: Studios for the practice, education or training in academics, dance and/or music and exercise. Hours of operation for these uses shall be limited to the following: M -F; 12:00 PM to 9:00 PM. Saturday and Sunday: 9:00 AM to 9:00 Plvl. The building is approximately 7500 Square feet and site plan, survey and all other related documents are already on city files. The school of rock has chosen the building at 32.20 W. Southlake Blvd for the purpose of central office for their DFW area, and also have a music school at the location. Part of the building is common areas including hallways, common restrooms, storage, network room etc and occupies approximately 2500 Sq Ft. Rest of the space will be used for office space (aprox 1500 Sq Ft), recording roam (approx 1500 Sq Ft) The remainder of the 2000 Sq FT will be divided into instruction rooms for music lessons. There are 37 parking spaces on the property allowing for a ratio of 1:204 (one parking spot for every 204 Sq Ft) for the entire building. The school expects to have anywhere from 50-75 students enrolled on a rolling basis year round. With peaks of 75 students during summer breaks. The classes are usually on the weekends and evenings. Parents/Siblings typically drop their kids for lessons and pick them after lessons. There are usually 10-20 students at any given active time of lessons. The peak time for number of concurrent students (approx 20) taking lessons during the day would be after school 4Pm to 7Pm and on the weekends. Ordinance No. 480-533b (ZA21-0020) Conditions: All permitted use and regulations of the Ordinances 480-533 and 480- 533a and to include retail sales of musical instruments as a permitted use. Case No. Attachment F ZA21-0028 Page 6 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, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in Case No. Attachment F ZA21-0028 Page 7 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 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 Case No. Attachment F ZA21-0028 Page 8 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 1 It reading the day of , 2021. " •C ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR FAINIMMl day of , 2021. CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment F ZA21-0028 Page 9 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA21-0028 Page 10 EXHIBIT "A" Being described as Lot 14, J.G. Allen No. 18 Addition, City of Southlake, Tarrant County, Texas, being approximately 0.848 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment F ZA21-0028 Page 11 EXHIBIT "B" Reserved for approved Site Plan Case No. Attachment F ZA21-0028 Page 12