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Item 7D Department of Planning & Development Services S T A F F R E P O R T January 9, 2008 ZA07-131 CASE NO: Zoning Change and Site Plan for Stonebridge Park Cantex Senior Communities PROJECT: Residential Health Services REQUEST: On behalf of Stonebridge Monticello Pt. 1, FSCF II LLC is requesting a zoning change and site plan from “S-P-2” Generalized Site Plan District to “S-P-1” Detailed Site Plan District with “O-1” Office District uses to include “skilled nursing facility” as a permitted use. The site plan proposes the development of a single-story skilled nursing facility of 62,944 square feet on approximately 5.68 acres. The "S-P-1" zoning will follow the "O-1" Office District with regard to permitted uses and development regulations with the following exceptions:  The use of “skilled nursing facility” shall be included as a permitted use  Front Yard: There shall be a front yard of not less than fourteen (14) feet  Parking: Head-in parking shall be permitted along the adjacent street right-of-way  Loading Space: One (1) loading space shall be required for the facility; no additional screening shall be required  Articulation: Horizontal and vertical articulation shall be as shown on the site plan and architectural elevations  Screening: A six (6) foot high open metal fence along the north and west property lines shall be permitted The following variances are requested:  Driveway Stacking: A stacking depth of 50 feet is required for the proposed driveways on Stonebridge Lane. The applicant is requesting stacking depths of 27 feet, 19 feet and 0 feet. (Driveway Ord. No. 634, Section 5.2.d)  Driveway Spacing: The minimum driveway spacing required is 100 feet between driveway centerlines on a local street. The applicant is requesting a distance of ±30 feet from the northernmost drive to the off-site driveway to the east. (Driveway Ord. No. 634, Section 5.1)  Street R.O.W.: The minimum R.O.W. width for a local commercial street is 60 feet with a pavement width of 36 feet. The applicant is requesting a R.O.W. width of 40 feet and a pavement width of 30 feet. (Subdivision Ord. No. 483, Section 5.02.A) Consider first reading for a zoning change and site plan ACTION NEEDED: Case No. ZA07-131 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Variance Exhibit Site Plan Review Summary No. 3, dated December 28, 2007 (E) (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-547 for Commission and Council Members Only (I) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Jenny Crosby (748-8195) Case No. ZA07-131 BACKGROUND INFORMATION OWNER: Stonebridge Monticello Pt. 1 APPLICANT: FSCF II LLC PROPERTY SITUATION: 150, 170, & 175 Stonebridge Lane LEGAL DESCRIPTION: Lots 4 & 5, and a portion of Lot 3, Block 1, Stonebridge Park Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: “S-P-2” Generalized Site Plan District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: -A change of zoning to “S-P-2” Generalized Site Plan District was approved for Stonebridge Park by City Council on September 18, 1996. -City Council approved a site plan for an animal hospital on August 5, 1997 on what is now Lot 1. -City Council approved a preliminary plat for Stonebridge Park on October 7, 1997. -A final plat for Lot 1 was approved by P&Z on October 23, 1997. -P&Z approved a final plat for Lots 2 – 6 on January 22, 1998. -A revised site plan for the animal hospital on Lot 1 was approved by City Council on March 19, 2002. -City Council approved a change of zoning to “S-P-2” and concept plan on May 3, 2005. -A revised preliminary plat and plat revision were approved by City Council on April 18, 2006. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan does not make any recommendations for Stonebridge Lane. Existing Area Road Network and Conditions Stonebridge Park has dedicated a street, Stonebridge Lane, which intersects with W. Southlake Boulevard. A portion of the previously approved street is currently being built. The applicant originally received approval for a reduced right-of-way width of 40 feet with 10-foot utility easements on either side in lieu of the standard right-of-way width of 60 feet for commercial streets. The applicant is requesting to modify the alignment and continue with the reduced right-of-way width. The proposed lot will have frontage onto Stonebridge Lane and is proposing three driveways and limited on-street parking. W. Southlake Boulevard is a seven-lane, undivided thoroughfare with a continuous, two-way, center left-turn lane. The roadway is planned to have medians installed in the future. May, 2006 traffic counts on W. Southlake Blvd (between Pearson Ln & Case No. Attachment A ZA07-131 Page 1 F.M. 1938) 24hr 15,57816,398 West Bound (WB) () East Bound (EB) () WB 7721,860 Peak A.M. () Peak P.M. () 5 – 6 p.m. 11:15 – 12:15 a.m. EB 1,7341,020 Peak A.M. () Peak P.M. () 4 – 5 p.m. 6:45 – 7:45 a.m. PATHWAYS MASTER PLAN: According to the Master Pathways Plan, an 8-foot multi-use trail is planned along the creek channel. The trail is shown on the site plan. Sidewalks will be required along both sides of the street. WATER & SEWER: The applicant has begun construction of Stonebridge Lane and has extended water and sanitary sewer along the street to provide service to the site. The applicant is looping the water with the existing water lines provided with the development to the west. DRAINAGE ANALYSIS: This development will drain to the proposed Stonebridge Lane which will direct storm water to the proposed detention pond that outfalls into the existing creek adjacent to the site. TREE PRESERVATION: The existing trees that are proposed to be preserved are around the perimeter of the site and within the floodplain area of the development. The plan is proposing to preserve only 31.3% of the existing canopy cover. It is recommended that 70% of the existing tree cover be preserved in accordance with the percentage requirements established by Table 2.0 in Ord. 585-C. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree Minimum percentage of the existing cover on the entire site tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The underlying land use designation is Office Commercial and Floodplain with an optional T-1 (Transition) designation. Site Specific Comments The Davis Boulevard/F.M. 1938 Corridor Plan recommends the following for this site and the adjacent properties to the west and east (from the western boundary of Stonebridge to F.M. 1938 on the east):  Encourage lower intensity office and/or residential uses transitioning to existing neighborhoods to the north and west.  Encourage the master planning of the entire site together.  Provide internal connectivity within the development of the entire site.  Preserve the floodplain as a natural stream corridor and as an asset to the development of the site. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Case No. Attachment A ZA07-131 Page 2 Recommendations Sidewalks are required along both sides of all streets. Environmental Resource Protection Recommendations A portion of this site is designated as “Open Space/Tree Cover to be preserved” on the Environmental Resource Protection Map, as shown below. Trees should be preserved to the maximum extent feasible, particularly in the recommended preservation area. SPIN SPIN MEETING: On December 10, 2007, at 7:30PM, about ten (10) residents attended the 15 meeting concerning a revision to the northern portion of the previously approved Stonebridge Park. The main questions and discussion points at this meeting included:  The number and type of employees at the facility and the hours of the shifts.  How this plan changes what was previously approved.  How this business compares to the Watermere senior living community close by. No major objections to the development were verbalized and meeting attendees welcomed the use. P&Z ACTION: January 3, 2008; Approved (6-0) subject to Site Plan Review Summary No. 3, dated December 28, 2007; and, granting the requested variances. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated December 28, 2007. Case No. Attachment A ZA07-131 Page 3 N:\Community Development\MEMO\2007cases\07-131ZSP.doc Case No. Attachment A ZA07-131 Page 4 Case No. Attachment B ZA07-131 Page 1 Previously Approved Concept Plan Case No. Attachment C ZA07-131 Page 1 “S-P-1” Letter Case No. Attachment C ZA07-131 Page 2 Case No. Attachment C ZA07-131 Page 3 Variance Letter Case No. Attachment C ZA07-131 Page 4 Site Plan Case No. Attachment C ZA07-131 Page 5 Building Elevations Case No. Attachment C ZA07-131 Page 6 Case No. Attachment C ZA07-131 Page 7 Case No. Attachment C ZA07-131 Page 8 Case No. Attachment C ZA07-131 Page 9 Color Building Rendering Case No. Attachment C ZA07-131 Page 10 Tree Conservation Plan Case No. Attachment C ZA07-131 Page 11 Landscape Plan Case No. Attachment C ZA07-131 Page 12 Variance Exhibit Street R.O.W. & Pavement Widths: Req’d = 60 ft & 36 ft Prov. = 40 ft & 30 ft Driveway Stacking: Front setback = 14 ft Req’d = 50 ft Prov. = 27 ft, 19 ft & 0 ft Driveway Spacing: Req’d = 100 ft Prov. = 30 ft Proposing 6 ft tall open metal fencing Case No. Attachment D ZA07-131 Page 1 SITE PLAN REVIEW SUMMARY ZA07-131Three12/28/07 Case No.: Review No.: Date of Review: Site Plan Project Name: – Cantex Senior Communities APPLICANT: FSCF II, LLC ARCHITECT: GHLA Peter Longo Gaylen Laing th 430 Park Avenue, 7 Floor 1300 W. Randol Mill Rd, Suite 100 New York, NY 10022 Arlington, TX 76012 Phone: (212) 758-4311 Phone: (817) 801-7200 Fax: (212) 7578-4312 Fax: (817) 801-7208 glaing@ghla-inc.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/17/07 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 DENNIS KILLOUGH AT (817) 748-8072. 1. The following changes are recommended regarding the “S-P-1” letter: a. Revise the “S-P-1” to include a regulation for the 8-foot screening along the north boundary. The screening request is found in the variance letter but should be included in the “S-P-1” letter. b. Remove the ‘Tree Preservation Ordinance, Section 7.2’ section from the “S-P-1” letter. This could be included in a separate narrative letter. 2. The following changes are needed with regard to ingress/egress drives: (A variance has been a. Provide the minimum driveway stacking depth of 50 feet for all drives. requested.) b. Provide the minimum driveway spacing of 100 feet between drives. The north drive at the end (A of the street is ±30 from the northernmost drive proposed for the property to the east. variance has been requested.) (A variance has 3. Provide the minimum street R.O.W. and pavement widths for Stonebridge Lane. been 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. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment E ZA07-131 Page 1 * The applicant should be aware that prior to issuance of a building permit a Plat Revision 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. Public Works – Engineering GENERAL COMMENTS: 1. Approval from FEMA for the LOMR submitted with the River Oaks/Stonebridge Park development will be required prior to the release of these civil plans and all building permits for construction. * Provide all necessary easements for water, sanitary sewer and drainage. * Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: * The proposed site plan appears to alter the shape of the detention pond as approved on the original Stonebridge Park site plan. A revised drainage study, including detention calculations will be required for the new pond design prior construction and/or issuance of a building permit for this development. * Verify that the size, shape, and/or location of the detention pond, as depicted on the 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. * There is no additional 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 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 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. Tree Preservation - Landscape Administrator The existing trees that are proposed to be preserved are around the perimeter of the site and within the floodplain area of the development. The plan is proposing to preserve only 31.3% of the existing canopy cover. It is recommended that 70% of the existing tree cover be preserved in accordance with the percentage requirements established by Table 2.0 in Ord. 585-C. Case No. Attachment E ZA07-131 Page 2 Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree Minimum percentage of the existing cover on the entire site tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. Southlake 2025 – Comprehensive Plan Consolidated Land Use Plan Recommendations The underlying land use designation is Office Commercial and Floodplain with an optional T-1 (Transition) designation. Site Specific Comments The Davis Boulevard/F.M. 1938 Corridor Plan recommends the following for this site and the adjacent properties to the west and east (from the western boundary of Stonebridge to F.M. 1938 on the east):  Encourage lower intensity office and/or residential uses transitioning to existing neighborhoods to the north and west.  Encourage the master planning of the entire site together.  Provide internal connectivity within the development of the entire site.  Preserve the floodplain as a natural stream corridor and as an asset to the development of the site. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations Sidewalks are required along both sides of all streets. Environmental Resource Protection Recommendations A portion of this site is designated as “Open Space/Tree Cover to be preserved” on the Environmental Resource Protection Map, as shown below. Trees should be preserved to the maximum extent feasible, particularly in the recommended preservation area. Case No. Attachment E ZA07-131 Page 3 Surrounding Property Owners Cantex Senior Communities SPO # Owner Zoning Land Use Acreage 1. Low Density Residential Realty Capital River Oaks LTD SP2 0.92246327 2. Low Density Residential Realty Capital River Oaks LTD SP2 2.13660716 3. 100 Year Flood Plain Low Density Residential Realty Capital River Oaks LTD SP2 2.17113523 4. 100 Year Flood Plain Low Density Residential Realty Capital River Oaks LTD SP2 1.10169568 5. Retail Commercial Armstrong Slake Randol Mill LP SP2 4.02002263 6. Retail Commercial State of Texas SP2 1.03098975 7. Office Commercial Armstrong Slake Randol Mill LP SP2 2.94707502 8. 100 Year Flood Plain Drews Realty Group SP2 0.989 9. 100 Year Flood Plain Daily Six Texas Inc SP1 0.491 10. Retail Commercial 100 Year Flood Plain Wendys International Inc C2 0.751 11. Retail Commercial Stanley Crossing Lp C2 1.341 12. 100 Year Flood Plain Southlake Crossing Ani Clinic C3 0.75665560 13. Public/Semi-Public Southlake Church Of Christ CS 9.817 14. Low Density Residential Hallmark, Clara Maye Est SF1-A 1.284 15. 100 Year Flood Plain N T V M G Llp SP2 0.77071781 16. 100 Year Flood Plain Retail Commercial Office Commercial Stonebridge Monticello Pt Ltd SP2 1.36425242 17. Office Commercial Stonebridge Monticello Pt Ltd SP2 3.19762951 18. Office Commercial Stonebridge Monticello Pt Ltd SP2 1.526 Case No. Attachment F ZA07-131 Page 1 19. Office Commercial 100 Year Flood Plain Stonebridge Monticello Pt Ltd SP2 2.113 20. 100 Year Flood Plain Retail Commercial Office Commercial Southlake Stonebridge Park SP2 3.828 21. Low Density Residential Garner, Robert Etux Billie SF1-A 3.28459301 22. 100 Year Flood Plain Low Density Residential Kellar, Paula SF1-A 2.375 23. Office Commercial 100 Year Flood Plain Lam, Conner AG 2.55 Case No. Attachment F ZA07-131 Page 2 Surrounding Property Owner Responses Cantex Senior Communities Notices Sent: Twenty-three (23). Responses Received: Zero (0). Case No. Attachment G ZA07-131 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-547 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 4 & 5, AND A PORTION OF LOTS 2 & 3, BLOCK 1, STONEBRIDGE PARK ADDITION, BEING APPROXIMATELY 5.68 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN 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 “S-P-2” Generalized Case No. Attachment H 1 ZA07-131 Page Site Plan 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 clearly Case No. Attachment H 2 ZA07-131 Page 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: Being Lots 4 & 5, and a portion of Lots 2 & 3, Block 1, Stonebridge Park Addition, an Case No. Attachment H 3 ZA07-131 Page addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4153, Plat Records, Tarrant County, Texas, and being approximately 5.68 acres, and more fully and completely described in Exhibit “A” from “S-P-2” Generalized Site Plan 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. 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 Case No. Attachment H 4 ZA07-131 Page 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 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 Case No. Attachment H 5 ZA07-131 Page 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 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. Case No. Attachment H 6 ZA07-131 Page ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H 7 ZA07-131 Page EXHIBIT “A” Being Lots 4 & 5, and a portion of Lots 2 & 3, Block 1, Stonebridge Park Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4153, Plat Records, Tarrant County, Texas, and being approximately 5.68 acres. Case No. Attachment H 8 ZA07-131 Page Case No. Attachment H 9 ZA07-131 Page EXHIBIT “B” “S-P-1” Letter Case No. Attachment H 10 ZA07-131 Page Case No. Attachment H 11 ZA07-131 Page Variance Letter Case No. Attachment H 12 ZA07-131 Page Site Plan Case No. Attachment H 13 ZA07-131 Page Building Elevations Case No. Attachment H 14 ZA07-131 Page Case No. Attachment H 15 ZA07-131 Page Case No. Attachment H 16 ZA07-131 Page Case No. Attachment H 17 ZA07-131 Page Color Building Rendering Case No. Attachment H 18 ZA07-131 Page Tree Conservation Plan Case No. Attachment H 19 ZA07-131 Page Landscape Plan Case No. Attachment H 20 ZA07-131 Page Variance Exhibit Street R.O.W. & Pavement Widths: Req’d = 60 ft & 36 ft Prov. = 40 ft & 30 ft Driveway Stacking: Front setback = 14 ft Req’d = 50 ft Prov. = 27 ft, 19 ft & 0 ft Driveway Spacing: Req’d = 100 ft Prov. = 30 ft Proposing 6 ft tall open metal fencing Case No. Attachment H 21 ZA07-131 Page