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Item 6B Department of Planning & Development Services S T A F F R E P O R T August 13, 2008 ZA07-148 CASE NO: Zoning Change and Site Plan for Onsom Medical Offices PROJECT: REQUEST: On behalf of Onsom LLC, Blake Architects is requesting approval of a Zoning Change and Site Plan from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses. The plan proposes the development of one building for medical and general office use that will be constructed in two phases. Phase I will include the construction of 8,212 square feet and Phase II will include 3,421 square feet, for a total building floor area of 11,663 square feet. The building is to be constructed on a site of approximately 1.494 acres and is located at 630 East S.H. 114. With the completion of Phase II, the impervious coverage will be approximately 60%. The “S-P-1” Zoning District will follow the uses and development regulations of the “O- 1” Office District with the following exceptions:  A parking ratio of 1 space per 200 square feet shall be utilized for medical office uses.  No loading spaces shall be required. In addition, the following variances are requested:  Stacking Depth: The required stacking depth is 75 feet. The applicant is requesting a stacking depth of approximately 43 feet 6 inches. When this item appeared before City Council on July 1, 2008 the following issues were discussed and requested of the applicant: 1) Provide color renderings and material board at the City Council meeting. 2) Dress up north elevations – view from the future Kirkwood 3) Clearly indicate cross access to the east 4) Revise SP-1 regulations to eliminate covered parking, revise parking ratio (if needed) and allow encroachment of the porches into the 50’ building line. 5) Provide updated rendering of SH 114 buffer yard –including a view from the service road 6) Indicate screening material around the dumpster Case No. ZA07-148 7) Label plant species in the buffer yards The applicant has provided a new site plan, elevations, tree conservation plan, zoning letter and color landscape plan. There are no additional changes since the first reading approval on August 5, 2008. 1. Conduct public hearing ACTION NEEDED: 2. Consider approval of second reading for a zoning change and site plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) S-P-1 Letter and Variance Letter (E) Site Plan Review Summary No. 6, dated July 30, 2008 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-562 for Commission and Council Members Only (I) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Case No. ZA07-148 BACKGROUND INFORMATION OWNER: Onsom LLC APPLICANT: Blake Architects PROPERTY SITUATION: 630 E SH 114 LEGAL DESCRIPTION: Tracts 4C1A & 4C2B Les Ex, A.H. Chivers Survey, Abstract No. 299 LAND USE CATEGORY: Office Commercial CURRENT ZONING: AG Agricultural District REQUESTED ZONING: S-P-1 Detailed Site Plan District HISTORY: There is no development history on this property. Consolidated Land Use Plan Recommendations COMPREHENSIVE PLAN: The underlying land use designation is Office Commercial and Floodplain and the optional land use designation is Employment Center 1. The proposed development is consistent with Office Commercial designation. Environmental Resource Protection Recommendations The northwestern portion of this property is located in the 100 Year Floodplain. The eastern boundary of the site is designated as “Tree Cover/Open Space to be preserved where appropriate” on the Environmental Resource Protection Plan. Mobility & Master Thoroughfare Plan Recommendations The Master Thoroughfare Plan recommends East State Highway 114 to have 300-feet to 500-feet of right-of-way. Adequate right-of-way exists for this roadway. Southlake Pathways Plan An 8 foot to 10 foot multi-use trail is required along the East State Highway 114 westbound frontage road per the Pathways Plan. The required 8 foot trail is shown on the site plan. The applicant is providing access from the trail to the front entrances of the building. Urban Design Plan Preserve existing view corridors where appropriate. Tree stands along the highway should be preserved when they terminate views from the highway. In order to maximize regional access and limit the impact of strip retail development, retail and restaurant development should be concentrated at interchanges in 1-2 storey buildings with higher intensity office and institutional uses at mid block locations. Establish appropriate scale and bulk standards for buildings along the highway, specifically at mid-block locations. Buildings should be 4 – 6 stories tall and step down as they move away from the highway corridor. Case No. Attachment A ZA07-148 Page 1 Buildings over three stories should be articulated along the first three floors. Materials on the lower floors should be brick, stone or other approved masonry. Low-profile, single storey pad buildings that tend to blend into the background and have limited visibility from the highway are discouraged. All windows on buildings should be vertically oriented and be articulated with a 4-inch reveal to avoid solid, flat walls, and to create shadow lines and surface texture. Glass curtain walls and facades with more than 60% glass along any elevation shall be discouraged. Along retail store fronts, 1’ – 2’ high knee walls shall limit the amount of glass along each façade visible from public streets. The view of surface parking from the highway should be limited. Surface parking lots should be designed to be in smaller pods (no more than 200 parking spaces) with increased landscaping and pedestrian access ways. Specifically, shared parking is also encouraged between adjoining complementary land uses. Master planning of larger tracts or multiple tracts is encouraged over piece- meal development. In addition, the master plan applications should include all the elements of the built environment such as building design, site design, wayfinding and building signage, landscaping, treatment of natural features, bridges, streets, street lighting, etc. Every effort should be made to incorporate recommended urban design elements into the project design. TRANSPORTATION Existing Area Road Network and Conditions ASSESSMENT: The proposed site will have one access to the East State Highway 114 westbound frontage road. East State Highway 114 is a six lane, limited access highway with three lane frontage roads on either side. May, 2007 traffic counts on E. SH 114 frontage roads (between E. Highland St. and N. White Chapel Blvd.) West BoundEast Bound 24hr830864 A.M Peak6372 () 8:00 – 9:00() 11:00 – 12:00 P.M. Peak10683 () 2:45 – 3:45() 5:15 – 6:15 WATER & SEWER: There is an existing 12 – inch diameter waterline in S.H. 114 that will need to be extended to serve this development. There is an existing 12 - inch diameter sewer line located northwest of this property. DRAINAGE ANALYSIS: The northwest corner of this property is located in the FEMA 100-Year Floodplain. This site generally drains to the northwest to an existing creek located in the floodplain. TREE PRESERVATION: The applicant is requesting S-P-1 zoning and is not required to comply with the minimum tree canopy cover preservation regulation if approved by City Council. Case No. Attachment A ZA07-148 Page 2 The Tree Conservation Plan shows that three trees along the eastern boundary of the property will be preserved. P&Z ACTION: May 8, 2008; Approved to table until June 5, 2008. June 5, 2008; Approved (4-1) subject to Site Plan Review Summary No. 5, dated May 2, 2008; approving the variance to stacking; denying the variance to articulation; and, recognizing the applicant’s willingness to modify the landscape berm buffer between SH 114 and the development. CITY COUNCIL ACTION: June 17, 2008; Approved to table first reading until July 1, 2008. July 1, 2008; Approved to table first reading until July 15, 2008. July 15, 2008; Approved to table first reading until August 5, 2008. August 5, 2008; Approved first reading (5-0) subject to Site Plan Review Summary No. 6, dated July 30, 2008; granting the uses and regulations outlined for the S-P-1 District; granting the requested variance for stacking depth; subject to the recommendations of the Planning & Zoning Commission; and, requesting the developer to provide color boards at second reading. STAFF COMMENTS: Attached is Site Plan Review Summary No. 6, dated July 30, 2008. N:\Community Development\MEMO\2007cases\07-148 - Onsom Medical Offices\Staff Report\07-148ZSP.CC 8-19.doc.docm Case No. Attachment A ZA07-148 Page 3 Vicinity Map Onsom Medical Offices 40004008001200Feet N WE S Case No. Attachment B ZA07-148 Page 1 Link to PowerPoint Presentation Case No. Attachment C ZA07-148 Page 1 S-P-1 Letter Revised 7/29/08 Case No. Attachment D ZA07-148 Page 1 Variance Letter Case No. Attachment D ZA07-148 Page 2 Applicant Response Letter to issues discussed at the 7/01/2008 City Council meeting Case No. Attachment D ZA07-148 Page 3 SITE PLAN REVIEW SUMMARY ZA07-148Six07/30/08 Case No.: Review No.: Date of Review: Site Plan Project Name: – Onsom Medical Offices APPLICANT:OWNER: Roger (Skip) BlakeOnsom LLC 1202 S. White Chapel, Suite APO Box 397 Southlake, TX 76092Roanoke, TX 76262 Phone: 817-488-9397Phone: 817-846-3625 Fax: 817-251-3205Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/25/08 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 JENNY CROSBY AT (817) 748-8195. 1. Please submit an updated preliminary utility, drainage and color-coded Landscape Plan. 2. Show the extension of TXDOT ROW line to the east and west. 3. Label the distances from the building to property lines. A variance has been 4. Provide the minimum stacking depth of 75 feet. 43 feet is provided. requested. INFORMATIONAL COMMENTS * A fully corrected plan that includes all associated support plans/documents and conditions of approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * A permit from TxDOt is required for any driveway cut into SH114. Please be aware that additional ROW dedication may be required if TxDOT determines that a deceleration lane is needed for the driveway. If this is required, the bufferyard must be extended to the north and the setback reduced equal in width to the additional ROW dedication. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the “O-1" Zoning District. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 65 * It appears that this property lies within the 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. E Case No. Attachment ZA07-148 Page 1 * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment E Case No. Attachment ZA07-148 Page 2 Fire Marshal Review ContactPhone: Fax: : David C. Barnes, Fire Marshal (817) 748-8233 (817) 748-8181 GENERAL COMMENTS: 1. Automatic fire sprinkler system will be required for buildings over 6,000 sq.ft. (per 2003 I.F.C. Sec. 903.2.10.6 as amended) Submit plans to Reed Fire Protection Amberton Tower 4144 N. Central Expressway, Suite 510 Dallas, Tex 75204 Phone # 214-638-7599. 2. Backflow protection for fire sprinkler system may be in building at riser (instead of in vault) if riser is within 100 feet of water main. 3 Fire sprinkler systems required to be monitored for water flow and valve tamper if over 20 sprinkler heads on system. (per 2003 I.F.C. Sec. 903.4 as amended) Submit plans to Reed Fire Protection Amberton Towers 4144 N. Central Expressway Suite 510 Dallas, Tex 75204 Phone # 214-638- 7599. 4 Fire department sprinkler connections to be five inch Storz connections (or equivalent) with 30 degree elbow and aluminum alloy blind cap secured with chain or cable. (per policy dated 12-96) FIRE LANE COMMENTS: * Fire lanes are satisfactory as shown on the submitted plan. 1. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 65,000 lbs GVW). 2. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per 2003 I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and updated 07-18-97) Dimension turn radii on site plan. FIRE HYDRANT COMMENTS:  Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet for five-inch diameter hose. 1 Hydrants required at maximum spacing R-3 and U Occupancies 400 feet Unsprinklered 600 feet Sprinklered. All others 300 feet Unsprinklered and 600 feet Sprinklered. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. 2 Fire Department connection for sprinkler system must be within 100 feet of a fire hydrant 3. Fire Hydrant and Fire Protection line can not be on the same water feed from water main. INFORMATIONAL COMMENTS: * All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. * All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2003 I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire E Case No. Attachment ZA07-148 Page 3 Marshal’s Office. FDC connections must have a Knox Locking Cap. # = Denotes comment that may be included in formal review by P&Z and City Council. * = Denotes informational comment. E Case No. Attachment ZA07-148 Page 4 Public Works Engineering Review Case No.ZA 07-1481 Project Name:Onsom Medical Offices – Site Plan Contact:Michael James, Civil EngineerPhone:(817) 748-8101Fax:(817) 748-8077 Email: mjames@ci.southlake.tx.us GENERAL COMMENTS: 1. A ROW permit shall be obtained from the Public Works Operations Department for connections with the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082. 2. An access permit may be required from TxDOT to connect to or construct utilities in the SH 114 R.O.W. Submit application and plans directly to TxDOT for review * Use the City of Southlake GPS monuments whenever possible. EASEMENTS: * Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All facilities in easements or ROW must be constructed to City standards. WATER COMMENTS: 1. The existing water proposed for extension appears to be a 12-inch water line. DRAINAGE COMMENTS: 1. Show the limits of the 100 Year floodplain and floodway. Proposed development within the floodplain must adhere to the requirements of Ordinance # 641. Proposed development within the floodway must be accompanied by a drainage study prepared by a licensed engineer certifying that no rise in base flood elevation will result. 2. Provide base flood elevation(s) for the site. * This property drains into Critical Drainage Structures 6 and 9 and requires a fee to be paid prior to beginning construction. ($235.74 / Acre and $278.14 / Acre respectively) * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: *Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist directly to the Public Works Administration Department 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. *An access permit from TxDOT is required prior to construction of a driveway on SH 114. Submit application and plans directly to TxDOT for review. *A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. *A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. *Any hazardous waste being discharged must be pretreated Ordinance No. 836. *This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. E Case No. Attachment ZA07-148 Page 5 Tree Preservation and Landscape Review Case No . 07-148 Project Name: Onsom Medical Offices (Zoning Change / Site Plan) ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 ================================================================================ TREE CONSERVATION COMMENTS: * The applicant is requesting S-P-1 zoning. Under this zoning prop[osal the tree conservation plan is subject to City Council approval. * 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 phases and construction of the development. Alteration or removal of 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 Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE PLAN: 1. Switch Grass is proposed to be planted in the south bufferyard and in front of the parking spaces facing Highway 114. The screening plant material required to be planted within this area should be evergreen and reach a minimum height of three (3) feet. When planted it must be a minimum two feet (2’) in height and planted no further than thirty inches (30”) on-center. 2. Existing tree credits are proposed to be taken for an existing 26” Post Oak that does not seem to be on the developing property. Existing trees on another property cannot count toward existing tree landscape credits. Existing tree credits for trees which are saved in Landscape areas and have at least 75% of the ‘Critical Root Zone’ within that area shall be granted credits toward reducing the required plantings as follows: Size of Tree Saved Canopy Understory 6” – 12” DBH = 1 or 2 Greater than 12” = 2 or 3 * The Southlake City Council has requested that a color rendition of the proposed landscape plan be submitted at the time the proposed development goes to City Council for formal approval. E Case No. Attachment ZA07-148 Page 6 NG LN E HISPERI W V A L L O R R A C Surrounding Property Owners Onsom Medical Offices 42 1 3 5 CA SE Y CT SPO OwnerZoning Land Use Acreage # 1. D/Fw-Hwy 114/Highlands Ltd AG Office Commercial 3.879 2. D/Fw-Hwy 114/Highlands Ltd AG Office Commercial 6.253 3. Onsom Llc AG Office Commercial 1.068 4. D/Fw-Hwy 114/Highlands AG Office Commercial 2.17 5. D/Fw-Hwy 114/Highlands Ltd AG Mixed Use, Office Commercial 0.892 Case No. Attachment F ZA07-148 Page 1 Surrounding Property Owner Responses Onsom Medical Offices Notices Sent: (2) Responses Received: (0) Case No. Attachment G ZA07-148 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-562 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 DESCRIBED AS TRACT 4C1A AND 4C1B, LES EX, A.H. CHIVERS SURVEY, ABSTRACT NO. 299 BEING APPROXIMATELY 1.494 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, 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 “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and Case No. Attachment H ZA07-148 Page 1 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 at the time Case No. Attachment H ZA07-148 Page 2 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 tract 4C1A and 4C1B, Les Ex, A.H. Chivers Survey, Abstract No. 299 being approximately 1.494 acres and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. Case No. Attachment H ZA07-148 Page 3 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 H ZA07-148 Page 4 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 ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if Case No. Attachment H ZA07-148 Page 5 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 ___________, 2008. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment H ZA07-148 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA07-148 Page 7 EXHIBIT “A” Reserved for Metes and Bounds Case No. Attachment H ZA07-148 Page 8 EXHIBIT “B” Reserved for Approved Regulations Case No. Attachment H ZA07-148 Page 9 Site Plan Reserved for Approved Site Plan Case No. Attachment H ZA07-148 Page 10