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Item 7B Department of Planning & Development Services S T A F F R E P O R T May 12, 2010 CASE NO: ZA10-011 PROJECT: City of Southlake North Park EXECUTIVE SUMMARY: On behalf of the City of Southlake Department of Community Services, Schrickel, Rollins and Associates, Inc. is requesting approval of a zoning change and site plan for a recreational facility named North Park on approximately 19.9 acres, located easterly of the northeast corner of E. Dove Rd. and N. White Chapel Blvd at 160 E. Dove Road. SPIN # 2 REQUEST: The proposed park facility is adjacent to the proposed DPS North Training Facility Planning CaseZA09-069 under . The requested zoning change is from “SF-1A” Single-Family Residential District to “CS” Community Service District. The proposed park will include a one-story concession building, public restrooms, attached outdoor shade structure to the concession building and three (3) multi-purpose athletic fields with potential canopy structures for bleacher seating. The total size of the concession building is approximately 2,317 square feet in size and will be located towards the center of the site adjacent to the parking lot serving the facility. The multi-purpose athletic fields are located on the north on the site and will require lighting for visibility at in the evening. Variances The applicant is also requesting approval the following variances associated with this project: 1. Lighting Ordinance No. 693, as amended, with regard to the following: Section 4 (b) Lighting Design a) : The applicant has requested metal halide type lighting rather than the required high pressure sodium lighting for the athletic fields; Section 5 (b) Intensity of Illumination b) : On the subject property the applicant is requesting to exceed the required 20 foot candles due to the athletic field lighting; Section 5 (a) Intensity of Illumination c) (vertical & horizontal): At the residential property lines, the applicant is requesting to exceed the required 0.2 foot candles for horizontal illumination and the required 0.5 foot candles for vertical illumination. Section 7 (a) Luminance d) : At the residential property lines the applicant is proposing to exceed the required 0.02 luminance. Section 5.0 Design Criteria 2. Drive Ordinance No. 634, as amended, : The applicant has requested 62 feet for the driveway throat width entering from E. Dove Road where the maximum width permitted is 40 feet. Case No. ZA10-011 Section 39.3 Screening 3. Zoning Ordinance No. 480, as amended, Standards : The applicant has requested for the perimeter fence to be 6-feet tall where 8-feet is required. ACTION NEEDED: 1) Consider Zoning Change and Site Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Review Summary No. 3, dated May 11, 2010 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480- for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA10-011 BACKGROUND INFORMATION OWNER: City of Southlake APPLICANT: Schrickel, Rollins and Associates, Inc. PROPERTY SITUATION: 160 E. Dove Road LEGAL DESCRIPTION: A portion of Tract 1F, Joel W. Chivers Survey, Abstract No. 350 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF1-A” Single Family Residential Zoning District REQUESTED ZONING: “CS” Community Service Zoning District HISTORY: There is no previous development history on this property. CITIZEN INPUT/ BOARD REVIEW: - On November 9, 2009 a SPIN meeting was held regarding this proposal ZA09-069 along with the related DPS North Training Facility (). Attached is a report of this meeting. - On February 8, 2010 the Parks & Recreation Board held a meeting for citizens to provide input on the proposal. Attached is a report of this meeting. STRATEGIC LINK: Quality Development SOUTHLAKE 2025 PLAN: Land Use Plan Currently, this site is designated as Low Density Residential. The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single-family residential development that promotes the openness and rural character of Southlake. Suitable activities for this site are those permitted in the Public Parks / Open Space and Public / Semi-Public categories such as parks, playgrounds, greenbelts, ponds and lakes, gardens, and conservation areas. Pathways Master Plan & Sidewalk Plan Under the City’s Trail Master Plan, an 8’ paved pathway is planned from S.H. 114 to Carroll Avenue and the portion adjacent to this property is intended to be built with the construction of North Park. Environmental Resource Protection Plan The City’s Environmental Resources Case No. Attachment A ZA10-011 Page 1 Protection Plan does not indicate significant tree cover on site, and as the site exists today, there is minimal tree cover for the park that is being proposed and will in fact be providing more trees when it is built. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan shows East Dove Road to be an A2U – 88’ 2-Lane Undivided Arterial with a provisional option to change to an A4D – 88’ 4-Lane Divided Principal Arterial if the traffic counts warrant the change. April - May, 2009 traffic counts on E. Dove Road (between N. White Chapel Blvd. and N. Carroll Ave.) West Bound East Bound 24hr 2,238 2,179 Peak A.M. 7:30 – 8:30 (345) 7:45 – 8:45 (375) Peak P.M. 5:00 – 6:00 (262) 3:15 – 4:15 (242) Traffic Impact Analysis The executive summary from the Traffic Impact Analysis dated November 30, 2009 is attached below in the Plans and Support Information (Attachment C). Also, please see the Public Works review comments in the attached Site Plan Review Summary. WATER & SEWER: A 12”-inch water line located on the south side of East Dove Road will serve the park. The sanitary sewer line for the project will connect to an existing 18”/14” force main in the E. Dove Rd. right-of-way. DRAINAGE ANALYSIS: Drainage from this site is generally to the east to the proposed detention pond within the North Park development, which will then outfall to the existing creek east of Ridgecrest Drive. PLANNING & ZONING COMMISSION ACTION: February 18, 2010; Approved (5-0) specifically granting the variance to the lighting ordinance No. 693 the lighting type, Intensity of Illumination on the subject property, Intensity of Illumination (vertical & horizontal) at the residential property line, and Luminance at the residential property lines and that the variance be limited specifically to the sport field lighting; also granting a variance to the driveway ordinance No. 634 for a sixty-two (62) foot curb cut width instead of the forty (40) foot limit as stated in the ordinance; also including the fencing plan as presented by staff to the Planning & Zoning Commission noting the variance to the height requirement of eight (8) feet to allow for a six (6) foot height requirement; also recommending a review of the park hours; also noting the applicant’s willingness to present information to City Council regarding the access to the Oak Pointe subdivision and the operation and maintenance cost associated with that access; and subject to Review Summary No. 2, dated February 12, 2010. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated May 11, 2010. N:\Community Development\MEMO\2010 Cases\011 - ZSP - City of Southlake North Park\Staff Report Case No. Attachment A ZA10-011 Page 2 Case No. Attachment B ZA10-011 Page 1 Plans and Support Information LINK TO POWERPOINT Case No. Attachment C ZA10-011 Page 1 Case No. Attachment C ZA10-011 Page 2 Case No. Attachment C ZA10-011 Page 3 TIA Executive Summary Case No. Attachment C ZA10-011 Page 4 Case No. Attachment C ZA10-011 Page 5 Case No. Attachment C ZA10-011 Page 6 Case No. Attachment C ZA10-011 Page 7 Case No. Attachment C ZA10-011 Page 8 SITE PLAN REVIEW SUMMARY ZA10-011Three05/11/2010 Case No.: Review No.: Date of Review: City of Southlake North Park Project Name: APPLICANT: OWNER: Schrickel, Rollins and Associates, Inc. City of Southlake Spencer Freeman Chris Tribble 1161 Corporate Dr. West, Ste. 200, Arlington, 400 N. White Chapel Blvd., Southlake, TX TX 76006 76092 Phone: (817) 649-3216 Phone: (817) 748-8021 Fax: (817) 649-7645 Fax: (817) 748-8027 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/12/2010 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 DANIEL CORTEZ AT (817) 748-8070. 1. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Maximum permitted driveway width is 40 feet per the Driveway Ordinance. The proposed A Variance is being requested. curb cut is approximately 62 feet in width. 2. Clearly designate the size of the parking stalls intended for off-street parking and for off-street loading somewhere on the plan. Include a legend and notes which identify symbols and minimum parking dimensions. 3. A minimum 8 foot tall masonry screen wall matching the principal building with a solid metal access gate is required for all trash dumpsters. The enclosure does seem to meet this requirement but must be noted on the plans. Please note this on the plan or in a Notes section. 4. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. Correct the measurements for luminance to match the Lighting Ordinance definition. The following variances appear to be needed for the proposed sports lighting: Lighting Type, intensity of Illumination both on the subject property and at the residential property line, the luminance at the residential property lines and the type of lighting used. Variances have been requested for these requirements. 5. Provide a fencing exhibit showing the plan view and elevation of each fence type proposed. Label all type of fence/wall materials and height to be used. A minimum 8’ tall screening device is Variance Requested to allow fencing per required adjacent to all residential property lines. fencing plan and exhibits provided. 6. Please provide a color coded Landscape Plan in accordance with the City’s Landscape Ordinance. Tree Conservation/Landscape Review Keith Martin, Landscape Administrator kmartin@ci.southlake.tx.us Case No. Attachment D ZA10-011 Page 1 (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Eight (8) protected trees are proposed to be removed for the grading and construction of the Lacrosse fields. The diameter range of the trees is 18” – 36”, and they are three (3) Pecans, two (2) Post Oaks, two (2) Elms, and one (1) Chittamwood. Other trees that are proposed to be removed are along the right-of-way and fence line adjacent to East Dove Road, and around the pond at the rear of the property. The trees along East Dove Road are directly beneath the electrical transmission lines and the trees around the pond have grown up within the embankment of the pond. * 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. Public Works/Engineering Review Cheryl Taylor, Civil Engineer ctaylor@co.southlake.tx.us (817) 748-8100 GENERAL COMMENTS: 1. The Traffic Impact Analysis indicates that a right turn lane is warranted at the entrance to the Park. Revise site plan accordingly to show the right turn deceleration lane with dimensions. * City construction standard details, including embedment, will be used for the construction of all water, sewer and storm drain and paving proposed with this development. * Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: 1. Public water lines shall be 8” minimum. Also, verify the size of water line proposed within the DPS North Facility which this development will tie into. 2. The water line will run under the existing electric transmission line. Will the proposed water line be cased for future maintenance? Verify with the appropriate utility company if there are any requirements for construction within their easement and/or beneath the transmission line. 3. Public sanitary sewer shall be 8” minimum. 4. Public water and sanitary sewer line shall be in an easement (15’ minimum) or in the right of way. * Water meters and fire hydrants must be located in an easement or in the right of way. DRAINAGE COMMENTS: 1. The difference between pre and post development runoff shall be captured in the detention pond. The proposed detention pond shall control the discharge of the 2, 10 and 100 year storm events. * Verify that the size, shape, and/or location of the detention pond, as depicted on the Case No. Attachment D ZA10-011 Page 2 site/concept/development plan, will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the proposed pond(s) may require a revision to the concept/site/development plan and may need to be approved by the Planning and Zoning Commission and the City Council. * Drainage from this site is generally to the east to the proposed storm drain system which will outfall to the existing creek east of Ridgecrest Drive. * There is no Critical Drainage Structure fee associated with this development. * 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. * 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 will 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 acceptable to 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. 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 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 65LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all 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. Case No. Attachment D ZA10-011 Page 3 * The building line adjacent to the residential properties requires a minimum 40’ building line or 4:1 slope setback. * Denotes Informational Comment Case No. Attachment D ZA10-011 Page 4 Surrounding Property Owners City of Southlake North Park SPO # Owner Zoning Land Use Acreage Response Low Density Residential, 1. Southlake, City Of CS 17.44 NR Public Park/Open Space 2. Myles, Robert Etux Karamella SF1-A Low Density Residential 1.08 O 3. Williams, Brian D Etux Darla R SF1-A Low Density Residential 1.91 NR 4. 4F Development / Ep 4 Lp RPUD Low Density Residential 0.68 NR 5. 4F Development / Ep 4 Lp RPUD Low Density Residential 0.45 NR 6. Estes Park Hoa Inc RPUD Low Density Residential 0.18 NR 7. Estes Park Hoa Inc RPUD Low Density Residential 0.61 NR 8. Toll Dallas Tx Llc RPUD Low Density Residential 0.68 NR 9. Perrone, Gregory Etux Tammy L RPUD Low Density Residential 0.60 NR 10. Afolabi, Oladapo Etux Elizabet RPUD Low Density Residential 0.81 NR 11. Hamel, James W Etux Susan I RPUD Low Density Residential 0.58 NR 12. Smith, Jeffrey Etux Susann RPUD Low Density Residential 0.52 NR 13. Derby, George Etux Barbara Der RPUD Low Density Residential 0.67 U 14. Tidwell, Anthony J RPUD Low Density Residential 0.65 O 15. Dufour, Blair F Etux Cathy J SF1-A Low Density Residential 1.55 NR 16. Rue, Peter Leroy SF1-A Low Density Residential 1.13 NR 17. Santiago, Nelson Etux Carmen SF1-A Low Density Residential 1.19 NR 18. Holliday, Richard M Etux Mary SF1-A Low Density Residential 1.60 F 19. Tate, J R Etux Kathryn AG Low Density Residential 4.50 NR 20. Simpson, Michael AG Low Density Residential 1.92 NR 21. Strait, Jessica Colleen SF1-A Low Density Residential 1.17 NR Low Density Residential, 22. Jmsat Real Estate Ltd AG 4.30 NR Public/Semi-Public 23. Keen, Thomas A AG Low Density Residential 6.60 NR Low Density Residential, 24. Southlake, City Of SF1-A 28.91 NR Public/Semi-Public Case No. Attachment E ZA10-011 Page 1 25. Southlake, City Of SF1-A Low Density Residential 0.60 NR 26. Nair, Kesavan Etux Saji Pilla SF1-A Low Density Residential 1.23 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty Six (26) Responses Received: Four (4) – Attached Case No. Attachment E ZA10-011 Page 2 Surrounding Property Owner Responses Case No. Attachment F ZA10-011 Page 1 Case No. Attachment F ZA10-011 Page 2 Case No. Attachment F ZA10-011 Page 3 Page 1 of 5 Case No. Attachment F ZA10-011 Page 4 Page 2 of 5 Case No. Attachment F ZA10-011 Page 5 Page 3 of 5 Case No. Attachment F ZA10-011 Page 6 Page 4 of 5 Case No. Attachment F ZA10-011 Page 7 Page 5 of 5 Case No. Attachment F ZA10-011 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-592 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 A PORTION OF TRACT 1F, JOEL W. CHIVERS SUREVEY, ABSTRACT NO. 350 , CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 19.9 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO “CS” COMMUNITY SERVICE ZONING 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, Case No. Attachment G ZA10-011 Page 1 WHEREAS, the hereinafter described property is currently zoned as “SF-1A” Single- Family Residential Zoning District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health 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 Case No. Attachment G ZA10-011 Page 2 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 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: Case No. Attachment G ZA10-011 Page 3 Being legally described as a portion of Tract 1F, Joel W. Chivers Survey, Abstract No. 350, City of Southlake, Tarrant County, Texas, being approximately 19.9 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single- Family Residential Zoning District to “CS” Community Service Zoning District with as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: 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 Case No. Attachment G ZA10-011 Page 4 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 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. Case No. Attachment G ZA10-011 Page 5 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 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 18th day of May, 2010. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 1st day of June, 2010. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA10-011 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA10-011 Page 7 EXHIBIT “A” Being legally described as a portion of Tract 1F, Joel W. Chivers Survey, Abstract No. 350, City of Southlake, Tarrant County, Texas, being approximately 19.9 acres, and more fully and completely described as follows: Case No. Attachment G ZA10-011 Page 8 EXHIBIT “B” RESERVED FOR APPROVED SITE PLAN Case No. Attachment G ZA10-011 Page 9