Loading...
Item 6D Department of Planning & Development Services S T A F F R E P O R T February 13, 2008 ZA07-139 CASE NO: Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, & 2R3, PROJECT: Block 3, Cornerstone Business Park REQUEST: Chany Development, Inc. is requesting approval of a zoning change and site plan from "O-1" Office District to "S-P-1" Detailed Site Plan District with "O-1" Office District uses. The plan proposes the development of approximately 29,970 square feet of general office space on five (5) individual lots totaling approximately 3.17 acres. The applicant plans to construct the first office building on proposed Lot 1R2 at this time. The other buildings will require revised site plans to be approved by City Council after recommendation by the Planning & Zoning Commission prior to construction. The "S-P-1" zoning will follow the "O-1" Office District with regard to permitted uses and development regulations with the following exceptions:  Portions of bufferyards along interior lot lines shall not be required as shown on the site plan.  The future buildings shall be similar in design and construction and shall match the exterior elevations, roof height, style and design, building materials and exterior color of the building to be constructed on Lot 1R2.  All building setback lines and site improvements shall be as depicted on the site plan. The following variances are being requested:  Driveway stacking: A stacking depth of 50 feet is required for the proposed driveway on Silicon Drive. The applicant is requesting a stacking depth of 47 feet. (Driveway Ord. No. 634, Section 5.2.d) Case No. ZA07-139 At the November 4, 2007 City Council meeting, the following information was requested to be addressed at the second reading: Item Comments Dropping the parking space as discussed; 1 parking space was removed from Lot 2R2 1. as requested – See Revised Site Plan on Page 4, Attachment C. Requiring the applicant to come back with Provided – See renderings on Pages 10-14, 2. revised landscaping with side views; Attachment C. Noting the applicant will review alternatives to Instead of moving the parking, applicant is 3. moving the buildings forward and the parking proposing to shield the view of the parking back behindarea with heavy landscaping. 1. Conduct public hearing ACTION NEEDED: nd 2. Consider approval of 2 reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 4, dated October 12, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-536 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Jenny Crosby (748-8195) Case No. ZA07-139 BACKGROUND INFORMATION OWNER/APPLICANT: Chany Development, Inc. PROPERTY SITUATION: 500 & 510 Silicon Drive LEGAL DESCRIPTION: Lots 1 & 2R, Block 3, Cornerstone Business Park Addition LAND USE CATEGORY: Industrial CURRENT ZONING: “O-1” Office District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: -A Preliminary Plat for Cornerstone Business Park was approved in May of 1997. -The City Council approved a zoning change from “AG” to “O-1” Office District on August 5, 1997. -A Final Plat was approved by the City on September 4, 1997. -An Amended Plat was approved by the City on August 26, 1999. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends does not make any recommendations for roadways adjacent to the site. Existing Area Road Network and Conditions The proposed development will have one (1) access directly onto S. Nolen Drive and one (1) access directly onto Silicon Drive. Common access easements have been provided between lots for shared parking and drive lanes. South Nolen Drive and Silicon Drive are 2-lane, undivided local commercial streets within the Cornerstone Business Park development. There are no traffic counts for S. Nolen Drive or Silicon Drive adjacent to this site. Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT General Office 29,970 330 41 6 8 37 *Vehicle Trips Per Day *The AM/PM time represent the potential number of vehicle trips generated during the Case No. Attachment A ZA07-139 Page 1 peak travel times on S. Nolen Drive and Silicon Drive. PATHWAYS MASTER PLAN: The Pathways Master Plan does not make any recommendations for trails or sidewalks adjacent to the site. Sidewalks (5 foot minimum width) are required along all street frontages. The sidewalks are shown on the site plan. WATER & SEWER: An 8-inch water line exists along the west side of Silicon Drive. An 8- inch sanitary sewer line exists along the west side of S. Nolen Drive and along the east side of Silicon Drive. TREE PRESERVATION: The submitted Tree Conservation Plan proposes to preserve 40% of the existing tree canopy cover on the property. The preservation of 40% of the existing tree canopy cover is compliant with the regulations of Ordinance 585-C. Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing 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. DRAINAGE ANALYSIS: The northern section of this development will drain to existing drainage facilities in Crooked Lane and S. Nolen Drive. The southern portion of this development will drain primarily to Silicon Drive. It appears that the existing drainage facilities that will serve this development were designed to accommodate this type of development at this location. Consolidated Land Use Plan Recommendations SOUTHLAKE 2025: The land use designation is Office Commercial and the proposed use is consistent with this designation. Environmental Resource Protection Recommendations Trees should be preserved whenever feasible. Although not required by ordinance, consider altering the site design to preserve more trees. Case No. Attachment A ZA07-139 Page 2 Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations Sidewalks are required along Crooked Lane, Nolen Drive, and Silicon Drive and these sidewalks have been provided. Connections have also been provided to the buildings. P&Z ACTION: October 18, 2007; Approved (6-0) subject to Site Plan Review Summary No. 4, dated October 12, 2007. st COUNCIL ACTION: November 6, 2007; Approved 1 reading (5-0) dropping the parking space as discussed; requiring applicant to come back with revised landscaping with side views; specifically granting the driveway stacking variance; noting the applicant will review alternatives to moving the buildings forward and the parking back behind; subject to the recommendations of the Planning and Zoning Commission; and subject to Site Plan Review Summary No. 4, dated October 12, 2007. nd January 15, 2008; Approved to table 2 reading until February 5, 2008. nd February 5, 2008; Approved to table 2 reading until February 19, 2008. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated October 12, 2007. Prior to receiving a building permit, a copy of the filed shared parking, cross-access, and shared maintenance agreement must be received by the City. The maintenance agreement should include provisions for fire lanes and trash enclosure/use. N:\Community Development\MEMO\2007cases\07-139ZSP.doc Case No. Attachment A ZA07-139 Page 3 Case No. Attachment B ZA07-139 Page 1 Originally Submitted Site Plan Case No. Attachment C ZA07-139 Page 1 S-P-1" Letter " Case No. Attachment C ZA07-139 Page 2 Revised Site Plan – October 2007 Case No. Attachment C ZA07-139 Page 3 Revised Site Plan – February 2008 Case No. Attachment C ZA07-139 Page 4 Variance Exhibit Driveway Stacking: Req’d = 50 ft Prov. = 47 ft Case No. Attachment C ZA07-139 Page 5 Building Elevations Case No. Attachment C ZA07-139 Page 6 Tree Conservation Plan Case No. Attachment C ZA07-139 Page 7 Landscape Plan Case No. Attachment C ZA07-139 Page 8 Case No. Attachment C ZA07-139 Page 9 Renderings Case No. Attachment C ZA07-139 Page 10 Case No. Attachment C ZA07-139 Page 11 Case No. Attachment C ZA07-139 Page 12 Case No. Attachment C ZA07-139 Page 13 Case No. Attachment C ZA07-139 Page 14 Narrative Letter Case No. Attachment C ZA07-139 Page 15 Variance Request Letter Case No. Attachment C ZA07-139 Page 16 SITE PLAN REVIEW SUMMARY ZA07-139Four10/12/07 Case No.: Review No.: Date of Review: Site Plan Project Name: - Lots 1R1, 1R2, 2R1 - 2R3, Block 3, Cornerstone Business Park APPLICANT: Bonilla Group OWNER: Christopher Bonilla J. Michael Ferguson 3204 South Lane 1452 Hughes Rd, Suite 236 Fort Worth, TX 76110 Grapevine, TX 76051 Phone: (817) 920-9412 Phone: (817) 267-1008 Fax: email: BonillaGroup@gmail.com Fax: email: mike@afimortgage.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/09/07 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 BEN BRYNER AT (817) 748-8602. (A variance 1. Provide the minimum stacking depth of 50 feet for the drive on Silicon Drive. has been requested.) 2. Revise the "S-P-1" letter to include a regulation stating that all building setback lines and site improvements shall be as depicted on the site plan. * Prior to receiving a building permit, a copy of the filed shared parking, cross-access, and shared maintenance agreement must be received by the City. The maintenance agreement should include provisions for fire lanes and trash enclosure/use. 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. 75 * 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. Case No. Attachment D ZA07-139 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: * Use the City of Southlake GPS monuments whenever possible. WATER COMMENTS: * Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. * The water meters must be located in an easement or right-of-way. DRAINAGE COMMENTS: * This property does not drain into a Critical Drainage Structure. * 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 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. Landscape Administrator's Comments TREE CONSERVATION COMMENTS: * The submitted Tree Conservation Plan proposes to preserve 40% of the existing tree canopy cover on the property. The preservation of 40% of the existing tree canopy cover is Case No. Attachment D ZA07-139 Page 2 compliant with the regulations of Ordinance 585-C. Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover Minimum percentage of the on the entire site existing 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. 1. The building on the corner of South Nolen Drive and Cooked Lane is the only building being proposed for construction at this time. All proposed buildings on the site must be approved with an additional Site Plan and tree removal can only occur for each of those lots and buildings upon approval of a Site Plan for each lot and the issuance of a Building Permit or Tree Permit. 2. The proposed Sanitary Sewer along Crooked Lane cuts directly through the critical root zone area of trees that are proposed to be preserved. It is recommended that the installation of any utilities be directionally bored and please ensure that the utility services for each of the lots are laid out as to not alter the critical root zones or health of the trees that are intended to be preserved. * 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. PARKING LOT LANDSCAPING: 1. The parking lot landscape islands on both sides of the access drive entering Lots 1-R1 and 1-R2 from South Nolen Drive are smaller than the required 12’ minimum width. Additional parking lot landscape area is being provided within the parking lot landscape areas to preserve existing trees but the design of the parking to preserve existing trees does not look Case No. Attachment D ZA07-139 Page 3 like it hinders the ability to provide the required minimum width for the landscape islands. Please correct the parking lot design so that the parking lot landscape islands are at least 12’ in width from back-of-curb to back-of-curb. BUFFERYARDS: 1. Please provide the required bufferyards along the northwest, west, south and interior lot lines. 2. In no event shall parking facilities be allowed in any portion of a bufferyard. Please ensure that all proposed parking is not placed within any portion of the required bufferyards. LANDSCAPING: 1. Existing tree credits are being proposed to be taken for the required landscaping. Existing tree credits for required landscaping shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined Landscape Administrator at the time of inspection for a permanent Certificate of Occupancy. Comprehensive Plan Comments Consolidated Land Use Plan Recommendations The land use designation is Office Commercial and the proposed use is consistent with this designation. Environmental Resource Protection Recommendations Trees should be preserved whenever feasible. Although not required by ordinance, consider altering the site design to preserve more trees. Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations Sidewalks are required along Crooked Lane, Nolen Drive, and Silicon Drive and these sidewalks have been provided. Connections have also been provided to the buildings. Case No. Attachment D ZA07-139 Page 4 Surrounding Property Owners Cornerstone Business Park SPO # Owner Zoning Land Use Acreage Industrial 1. Charleston Court Lp I1 2.685 Low Density Residential 2. Shafer, Kenneth Etux Jennifer SF1-A 1.748 Industrial 3. Fulbright Mays Trust I1 1.152 Office Commercial 4. Southlake Cornerstone Bus Pk O1 1.599 Office Commercial 5. Southlake Cornerstone Bus Pk O1 1.786 Office Commercial 6. Myan Plaza Lp O1 1.406 Office Commercial 7. Charleston Court Lp O1 3.214 Industrial 8. Hcrea Nolen Dr Lp I1 5.536 Industrial 9. Nolen Exchg Bus Park Llc I1 1.552 Industrial 10. Patterson Southlake Fam Prop I1 1.065 Industrial 11. Charleston Court Lp I1 2.591 Office Commercial 12. Williams, Roger Glenn SP2 1.563 Office Commercial 13. S-Si Southlake Two Lp SP2 2.525 Office Commercial 14. Harbor Town Partners Lp SP2 2.728 Industrial 15. Paragon Property Holdings Lp SP2 1.552 Industrial 16. S-Si Southlake Three Lp SP2 2.653 Industrial 17. Rainer Southlake Dst I1 1.626 Industrial 18. Slj Cornerstone Ltd I1 1.643 Industrial 19. Slj Cornerstone, Ltd I1 1.624 Office Commercial 20. White, Elbert Clark Jr AG 16.073 Case No. Attachment E ZA07-139 Page 1 Surrounding Property Owner Responses Cornerstone Business Park Notices Sent: Twenty (20). Responses Receive: Two (2).  Western Data Systems, Inc. (SPO #19), 545 Nolen Drive, Suite 100, submitted a Letter Favor in on October 2, 2007 (see attached).  Ken Shafer (SPO #2), Favor 2449 Crooked Lane, submitted an E-Mail in on October 1, 2007 (see attached). Case No. Attachment F ZA07-139 Page 1 Case No. Attachment F ZA07-139 Page 2 Case No. Attachment F ZA07-139 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-536 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 1 & 2R, BLOCK 3, CORNERSTONE BUSINESS PARK ADDITION, BEING APPROXIMATELY 3.17 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “O-1” OFFICE 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 “O-1” Office District Case No. Attachment G ZA07-139 Page 1 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 G ZA07-139 Page 2 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 1 & 2R, Block 3, Cornerstone Business Park Addition, an addition to the Case No. Attachment G ZA07-139 Page 3 City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 4010, and Cabinet A, Slide 5364, Plat Records, Tarrant County, Texas, and being approximately 3.17 acres, and more fully and completely described in Exhibit “A” from “O-1” Office 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 G ZA07-139 Page 4 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 Case No. Attachment G ZA07-139 Page 5 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 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. Case No. Attachment G ZA07-139 Page 6 PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA07-139 Page 7 EXHIBIT “A” Being Lots 1 & 2R, Block 3, Cornerstone Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet A, Slide 4010, and Cabinet A, Slide 5364, Plat Records, Tarrant County, Texas, and being approximately 3.17 acres . Case No. Attachment G ZA07-139 Page 8 EXHIBIT “B” S-P-1" Letter " Case No. Attachment G ZA07-139 Page 9 Revised Site Plan Case No. Attachment G ZA07-139 Page 10 Variance Exhibit Driveway Stacking: Req’d = 50 ft Prov. = 47 ft Case No. Attachment G ZA07-139 Page 11 Building Elevations Case No. Attachment G ZA07-139 Page 12 Tree Conservation Plan Case No. Attachment G ZA07-139 Page 13 Landscape Plan Case No. Attachment G ZA07-139 Page 14 Narrative Letter Case No. Attachment G ZA07-139 Page 15 Variance Request Letter Case No. Attachment G ZA07-139 Page 16