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Item 7A Department of Planning & Development Services S T A F F R E P O R T September 1, 2010 CASE NO: ZA10-048 PROJECT: Winfield Estates EXECUTIVE SUMMARY: Toll Brothers Inc. is requesting approval of a Zoning Change and Development Plan for Winfield Estates. The purpose of the zoning change is to modify the fencing requirement on the south boundary and change the garage orientation regulations for the existing “R-PUD” Residential Planned Unit Development Zoning District. There are no other changes proposed for 9.14 acre twelve (12) residential lot single-family residential development located at the southwest corner of E. Dove Road and N. Carroll Avenue. The property addresses are 2210 N. Carroll Avenue and 1107 & 1155 E. Dove Road. DETAILS: Toll Brothers Inc. is requesting approval of a Zoning Change and Development Plan for the purpose of modifying the regulations of garage orientation and the requirement for wooden fencing along the southern boundary of the development. This development was originally approved by City Council on November 20, 2007 Planning Case ZA07-063 under and was subject to the conditions listed under Attachment “C” of this staff report. The applicant is proposing to remove the condition prohibiting street-facing front entry garages in order to allow a 2/1 split garage where a 2-car garage faces to the side yard and a 1-car garage faces the street as demonstrated by the exhibit under Attachment “C”. The applicant is also requesting to change the fencing requirement along the entire length of the southern boundary of the development to wrought iron rather than wood. No other changes are proposed to the originally approved development. The following is site data information regarding the development: SITE DATA SUMMARY Existing Zoning R-PUD Proposed Zoning R-PUD Medium Density Residential Land Use Designation Low Density Residential Gross Acreage 9.14 Ac. Net Acreage 8.37 Ac. Area of Open Space 1.40 Ac. (15%) Number of Res. Lots 12 Gross Density 1.31 du/ac Net Density 1.43 du/ac Minimum Lot Size 20,000 sq. ft. Maximum Lot Size 25,445 sq. ft. Average Res. Lot Size 21,625 sq. ft. Case No. ZA10-048 The R-PUD zoning will follow the uses and regulations of the “SF-20A” Single Family Residential District and the City of Southlake Subdivision regulations with the following modifications listed in Attachment ‘C’ of this report. st ACTION NEEDED: 1) Consider 1 Reading Zoning Change and Development Plan Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) Review Summary No. 1, dated August 12, 2010 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-534a for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA10-048 BACKGROUND INFORMATION OWNER: Toll Brothers Inc. APPLICANT: Toll Brothers Inc. PROPERTY SITUATION: 1107 & 1155 E Dove St. and 2210 N Carroll Ave. LEGAL DESCRIPTION: Tracts 1, 1C, & 1C1, A.H. Chivers Survey, Abstract No. 299 LAND USE CATEGORY: Medium Density Residential and Low Density Residential CURRENT ZONING: “R-PUD” Residential Planned Unit Development Zoning District REQUESTED ZONING: “R-PUD” Residential Planned Unit Development Zoning District HISTORY: - There is no recent development history on these unplatted properties. - The building at the corner of Dove and Carroll (previously a day-care) was built in 1967 (Source: TAD) with Light Commercial zoning approved March 16, 1971 (ZA71-001) and later “C-2” zoning with adoption or the current Zoning Ordinance No. 480 and Map on September 19, 1989. The building was removed with the construction of this development. - The residence at 1107 E Dove Rd was built in 1984 (Source: TAD and removed with the construction of this development. - A Zoning Change & Development Plan was approved by City Council on Planning Case ZA07-063 November 20, 2007 under which established Winfield Estates. - A Preliminary Plat was approved on May 6, 2008 by City Council under Planning Case ZA08-014 . - A Final Plat (ZA08-033) for Winfield Estates was approved by the Planning & Zoning Commission (5-0) on May 8, 2008 and an extension was approved until May 8, 2010. An additional extension has been requested. SOUTHLAKE 2025: The underlying land use designation is Medium Density Residential on the eastern portion of the property and Low Density Residential on the western portion. There is also a Rural Conservation optional designation on the entire site. Since the property is less than 20 acres in size, it is too small to be developed as a rural conservation subdivision. The proposed development is consistent with the Medium Density Residential designation. A Comprehensive Plan Amendment application Case No. Attachment A ZA10-048 Page 1 was submitted originally in 2007 to change the entire site’s underlying designation to Medium Density Residential, however staff at that time had determined this change is not required to proceed with the zoning change and concept plan request. TRANSPORTATION ASSESSMENT: Mobility & Master Thoroughfare Plan The functional street classification of North Carroll Avenue is a 2-lane Arterial with an 88-foot Right-of-Way. The appropriate amount of right-of- way is being dedicated on both Carroll Avenue and Dove Street with this proposal. Existing Area Roadway Network Winfield Estates will have one access point on North Carroll Avenue. Although adjacent, no access to Dove Street is provided. North Carroll Avenue is currently a 2-lane undivided roadway without curb and gutter. April - May, 2009 traffic counts on N. Carroll Avenue (between E. Highland St. and E. Dove Rd.) North Bound South Bound 24hr 2,518 2,444 Peak A.M. 7:30 – 8:30 (234) 7:30 – 8:30 (322) Peak P.M. 5:15 – 6:15 (283) 5:00 – 6:00 (205) Traffic Impact The traffic impact of the proposed development is as follows: Use # Lots Vtpd* AM-IN AM-OUT PM-IN PM-OUT Single-Family 12 115 2 7 8 4 Residential Lots Vehicle Trips Per Day * PATHWAYS MASTER PLAN: The Subdivision Ordinance requires 4 foot sidewalks (minimum) along both sides of all streets. The required sidewalks are shown on both sides of the proposed street and along the south side of Dove Street and the west side of Carroll Avenue. WATER & SEWER: Water: The development will tie into an existing 6-inch water line in N. Carroll Avenue and E. Dove Street. Sewer: The development will tie into an existing 6-inch sanitary sewer line in N. Carroll Avenue. DRAINAGE ANALYSIS: The developer proposed to drain the majority of this site to the provided wet retention pond in the northeast corner of the development which is currently built. PLANNING & ZONING COMMISSION: August 19, 2010; Approved (5-2) granting the applicants request to change the fencing requirement along the entire southern boundary of the development to wrought iron rather than wood; granting the applicants Case No. Attachment A ZA10-048 Page 2 request to allow a 2:1 split garage door option noting that the 2-car garage must face the side and be at least 19-feet behind the 1-car garage and that the 1-car garage only may face towards the front requiring staff to research Council’s previous motion for this development regarding garages; subject to Staff’s Report dated August 13, 2010; and subject to Development Plan Review Summary No. 1, dated August 12, 2010. STAFF COMMENTS: Attached is Development Plan Review Summary No. 1, dated August 12, 2010. N:\Community Development\MEMO\2010 Cases\048 - ZDP - Winfield Estates\Staff Report Case No. Attachment A ZA10-048 Page 3 Case No. Attachment B ZA10-048 Page 1 Plans and Support Information Case No. Attachment C ZA10-048 Page 1 Case No. Attachment C ZA10-048 Page 2 FENCING MODIFICATION Case No. Attachment C ZA10-048 Page 3 Case No. Attachment C ZA10-048 Page 4 Case No. Attachment C ZA10-048 Page 5 Case No. Attachment C ZA10-048 Page 6 Case No. Attachment C ZA10-048 Page 7 Case No. Attachment C ZA10-048 Page 8 Case No. Attachment C ZA10-048 Page 9 N. CARROLL AVENUE ENTRANCE FOUNTAIN POND FEATURE COLOR DEVELOPMENT PLAN Case No. Attachment C ZA10-048 Page 10 TREE PRESERVATION PLAN Preserved - Marginal - Remove - Case No. Attachment C ZA10-048 Page 11 Case No. Attachment C ZA10-048 Page 12 DEVELOPMENT PLAN REVIEW SUMMARY ZA10-048One08/12/2010 Case No.: Review No.: Date of Review: Zoning Change & Development Plan – Winfield Estates Project Name: APPLICANT: CONTACT: Toll Brothers Inc. Toll Brothers Inc. 2557 Southwest Grapevine Pkwy. Greg Powell, Sr. Project Manager Grapevine, TX 76051 2557 Southwest Grapevine Pkwy. Phone: (817) 329-8770 Grapevine, TX 76051 Fax: (817) 251-2197 Phone: (817) 481-7600 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT 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. PLANNING 1. Either provide an HOA Wall Easement on Lot 11 or shift the development’s perimeter fence/wall entirely within the HOA/Open Space Lot(s) / Bufferyards. 2. Correct the Zoning Request Letter to show what is indicated on the Plans provided to staff regarding fencing along the south boundary as to type. 3. One revised copy incorporating all conditions of zoning approval is required to be submitted if approved by City Council. TREE CONSERVATION COMMENTS * The Tree Conservation Plan breaks down the existing trees as trees to be saved, trees to be removed, and trees to be mitigated or try to be saved. The trees that are proposed to be removed are within house pads and the right-of-way. Trees that are shown to be mitigated are outside of the house pads and right-of-way but topography grade changes within areas where the trees exist would most likely require that they be removed. Retention walls and tree wells can be utilized to attempt to preserve some of the trees but there would need to be additional underground drainage or storm drains provided on lots where trees are placed in tree wells. If trees are required to be mitigated the developer or builder shall follow the regulations for tree replacement outlined in Ordinance 585-C. It is at the discretion of the City as which form of tree mitigation will be required, either payment into the reforestation fund, planting trees back on site, or a combination of both. If mitigation trees are required to be planted on a site then at the time a Tree Permit is applied for to remove a tree/s, a tree mitigation plan shown where the trees will be planted and must be submitted as a part of the permit application. Payment into the Reforestation Fund is set by ordinance at $200 per diameter inch of tree removed, not to exceed $2,000 per incident. * 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 Case No. Attachment D ZA10-048 Page 1 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. LANDSCAPING COMMENTS * The applicant provided a Landscape Plan for the bufferyard areas along Dove Street and North Carroll Avenue. A wrought iron fence with stone columns is proposed to be constructed within a portion of the north and east buffereyards and along the north and east property lines. Some of the plant material is shown to be provided in front of the fence and some is shown to be behind the fence but can be seen through the wrought iron sections of the fence. This is allowable. * Should a property owner choose to place a fence/wall on the perimeter of a property adjacent to the right-of-way (R.O.W.), the wall must be 10’ off the R.O.W. or may vary back and forth within the 10’ offset. If wall offset varies, some of the required landscape canopy trees may be behind the wall while the remainder of the plantings must be in front of the wall or visible from the street (i.e. wrought iron fence). DRAINAGE COMMENTS * The difference between pre and post development runoff shall be captured in the detention pond. The proposed detention pond outlet shall control the outfall for the 5, 10 and 100 year storm events. * Note: 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. * Driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer. * There is no Critical Drainage Structure fee associates with this development. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. ENGINEERING 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 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. Informational Comments * 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, and a 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 Case No. Attachment D ZA10-048 Page 2 be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * Denotes Informational Comment . Case No. Attachment D ZA10-048 Page 3 Surrounding Property Owners Winfield Estates SPO # Owner Zoning Land Use Acreage Response Low Density Residential, Carroll ISD CS 28.22 1. NR Public/Semi-Public Anderson, Steven Etux Cheryl SF1-A Low Density Residential 1.99 2. NR Miller, Michael Etux Cynthia SF1-A Low Density Residential 2.35 3. NR Low Density Residential, Gist, Greg L O1 1.01 4. NR Medium Density Residential Low Density Residential, Kearns, Jeff Etux Andrea RPUD 0.63 5. NR Medium Density Residential Low Density Residential, Kraemer, Jay Etux Kimberly RPUD 0.82 6. NR Medium Density Residential Wood, Steve Neil RPUD Medium Density Residential 0.77 7. NR Low Density Residential, Carney, Max Etux Nicole RPUD 0.74 8. NR Medium Density Residential Low Density Residential, Garcia, Anthony Etux Donna RPUD 0.62 9. NR Medium Density Residential Depperman, Chris Edwin RPUD Medium Density Residential 0.63 10. NR Estes Park Hoa RPUD Medium Density Residential 1.54 11. NR Martinez, Keith A Etux Low Density Residential, SF1-A 1.33 12. NR Deborah Medium Density Residential Mills Custom Homes Lp SF20B Low Density Residential 0.44 13. NR Low Density Residential, Carroll Ave/Dove Road Dev Llc RPUD 4.30 14. NR Medium Density Residential Barnes, David C & Cynthia R AG Low Density Residential, 0.97 15. NR Case No. Attachment E ZA10-048 Page 1 Medium Density Residential Low Density Residential, Carroll Ave/Dove Road Dev Llc RPUD 2.90 16. NR Medium Density Residential Low Density Residential, Carroll Ave/Dove Road Dev Llc RPUD 1.94 17. NR Medium Density Residential Southlake, City Of CS Public/Semi-Public 0.10 18. NR Hall, Harvey E Etux Sarah D AG Low Density Residential 1.47 19. NR Alan Kay Custom Homes Llc AG Low Density Residential 5.08 20. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty (20) Responses Received: None Case No. Attachment E ZA10-048 Page 2 Surrounding Property Owner Responses NONE Case No. Attachment F ZA10-048 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-534a 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 TRACTS 1, 1C, & 1C1, SITUATED IN THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 9.14 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING “PUD” DEVELOPMENT STANDARDS, 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 “R-PUD” Residential Planned Unit Development Zoning District under the City’s Comprehensive Zoning Ordinance; Case No. Attachment G ZA10-048 Page 1 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 requires the amendments, and that the zoning changes do not unreasonably invade the Case No. Attachment G ZA10-048 Page 2 rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299, Case No. Attachment G ZA10-048 Page 3 being approximately 9.14 acres, and more fully and completely described in exhibit “A” from “R-PUD” Residential Planned Unit Development Zoning District to “R-PUD” Residential Planned Unit Development Zoning District with “SF-20A” Single Family Residential District uses as depicted on the approved Development Plan, including “R-PUD” development standards, attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: Noting there will be no front entry garages 1. ; 2. Provide minimum 4” caliper canopy trees; 3. Subject to the handouts provided this evening; 4. Subject to applicant’s presentation this evening; 5. Requiring the garages on the first two building lots at the entrance of Street ‘B’ off of North Carroll Avenue to be on the west side of those houses; 6. Requiring the applicant to make sewer available on the northwest corner of the site subject to city staff approval and engineering review; Requiring the fence on the south side of the subdivision 7. to wrap around at to be wrought iron Carroll Avenue extending 45 feet and then being a cedar fence capped on both sides; 8. Requiring the applicant to remain in control of the Homeowners Association until 85% of the homes are occupied; and 9. Subject to Development Plan Review Summary No. 6 (Planning Case ZA07-063), dated November 14, 2007: a. As the Development Plan shows all lots to have a 35-foot front yard setback, remove the statement in the R-PUD district regulations that allow for 30-foot front yard setbacks on cul-de-sacs and corner lots. b. As the Development Plan shows all lots to have a 125-foot rear property line width adjacent to the "SF-1A" property to the west, remove the regulation in the R-PUD district regulations that asks for a waiver of this requirement. c. Correct the lot numbering (skips from Lot 9 to Lot 11) d. Either provide an HOA Wall Easement on Lot 11 or shift the development’s perimeter fence/wall entirely within the HOA/Open Space Lot(s) / Bufferyards. e. Show and label the sidewalk and width of sidewalk connection from the interior sidewalk network to the sidewalk along E. Dove St. 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, Case No. Attachment G ZA10-048 Page 4 subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in 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. Case No. Attachment G ZA10-048 Page 5 SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if 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. th PASSED AND APPROVED on the 1st reading the 7 day of September, 2010. Case No. Attachment G ZA10-048 Page 6 ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY st PASSED AND APPROVED on the 2nd reading the 21 day of September, 2010. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ Case No. Attachment G ZA10-048 Page 7 EFFECTIVE:______________________ Case No. Attachment G ZA10-048 Page 8 EXHIBIT “A” Being Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299, being approximately 9.14 acres: Case No. Attachment G ZA10-048 Page 9 EXHIBIT “B” DEVELOPMENT PLAN Case No. Attachment G ZA10-048 Page 10 TREE CONSERVATION PLAN Case No. Attachment G ZA10-048 Page 11 TREE PLANTING PLAN Case No. Attachment G ZA10-048 Page 12 LANDSCAPE PLAN Case No. Attachment G ZA10-048 Page 13 DEVELOPMENT PLAN RENDERING Case No. Attachment G ZA10-048 Page 14 CONCEPTUAL RENDERING OF RETENTION POND / OPEN SPACE LOT CONCEPTUAL RENDERING OF WINFIELD ESTATES ENTRY OFF CARROLL AVENUE Case No. Attachment G ZA10-048 Page 15 Case No. Attachment G ZA10-048 Page 16 Case No. Attachment G ZA10-048 Page 17 Case No. Attachment G ZA10-048 Page 18 Case No. Attachment G ZA10-048 Page 19 Case No. Attachment G ZA10-048 Page 20 Case No. Attachment G ZA10-048 Page 21