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Item 7ACity of Southlake Department of Planning & Development Services S T A F F R E P O R T September 12, 2007 ZA06-160 CASE NO: Zoning Change and Site Plan for Offices of K. Wayne Lee PROJECT: REQUEST: K. Wayne Lee is requesting approval of a zoning change and site plan from "AG" Agricultural District and "R-PUD" Residential Planned Unit Development District to "S-P-1" Detailed Site Plan District with "O-1" Office District Uses. The purpose of this request is to bring the existing uses, building and pavements into conformance with the requirements of current Zoning Ordinance No 480, as amended. A concrete parking and driveway were added in March of 2006 to the eastern part of the property which is zoned R-PUD. A portion of the “R-PUD” zoned area has been used for a number of years as an unpaved parking area. The “R-PUD” portion of this property was part of the Chesapeake Place zoning but was not designated as either a residential lot or open space. Removal of this area from the Chesapeake Place “R-PUD” zoning does not cause any non-conforming conditions within the district. Proper zoning is required on both the “AG” and “R-PUD” zoned properties to allow for the expansion of the office parking area. Although an architectural rendering is provided which is intended to allow for exterior building improvements in the future, no new construction or re-development is proposed at this time. The site will follow the uses and regulations of the Zoning Ordinance No 480, as amended for the “O-1” office district with the following exceptions: a. Front Yard: There shall be a front yard of not less than thirty (30) feet. b. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed eighty-three (83%) percent of the total lot are as it currently exists. c. Bufferyards shall not be required due to existing site conditions. d.Building shall be permitted to exist as currently constructed, but shall be permitted to be improved in accordance with the attached architectural rendering. The Planning and Zoning Commission recommend approval (6-0) on September 6, 2007 removing the architectural rendering from the proposal, with the intent being that a revised site plan be approved prior to any exterior building changes and removing all but the handicap parking spaces along the front of the building. This area is to be replaced with landscaping and irrigation. Removal of this area should lower the total impervious coverage from 83% to approximately 78%. The Commission also required that the trash dumpster be moved to southeast corner and accepted applicant’s willingness to plant off-site trees and shrubs along the northern 10’ boundary of Chesapeake Place if agreement is received from the homeowners. Case No. ZA06-160 Consider first reading for a zoning change and site plan ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Site Plan Review Summary No. 2, dated August 31, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-533 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA06-160 BACKGROUND INFORMATION OWNER/APPLICANT: K. Wayne Lee PROPERTY SITUATION: 3220 W Southlake Blvd. LEGAL DESCRIPTION: Tracts 4A14 & 4A20, J.G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Retail Commercial CURRENT ZONING: “AG” Agricultural District and “R-PUD” Residential Planned Unit Development District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: -The majority of the subject property has been zoned “AG” since it was annexed into the city in October of 1987. The existing 7,500 square feet office building was built in 1982 prior to annexation. -City Council approved a change of zoning to “R-PUD” on the eastern 0.2 acres of this site as part of the Chesapeake Place development on April 6, 1999. TRANSPORTATION Mobility and Master Thoroughfare Plan ASSESSMENT: The functional classification for this segment of F.M. 1709 is a 130’ arterial roadway. The street typology is a Regional Boulevard. Existing Roadway Network The proposed development two (2) existing driveways on W. Southlake Boulevard and is not proposing to alter the existing conditions for either drive. A common access also is existing providing access to the property to the west. The historic and existing traffic counts on West Southlake Boulevard between Davis Boulevard and Pearson Lane are as follows: Year2005200620062006 24-Hour TotalsAM PeakPM Peak East Bound 16,915 16,398 1734 1020 6:45 – 7:454:00 – 5:00 West Bound 17,303 15,578 772 1860 11:15 – 12:155:00 – 6:00 Source: City of Southlake Traffic Count Report 2002 - 2006 Case No. Attachment A ZA06-160 Page 1 Traffic Impact Use Sq. Ft. Vtpd* AM-AM-PM-PM- IN OUT IN OUT General Office 7,529 83 10 1 2 9 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on W. Southlake Blvd. PATHWAYS MASTER PLAN: The Southlake Pathways Plan recommends an 8-foot multi-use trail along Southlake Boulevard. WATER & SEWER: There is an existing 12-inch water line along the south side of W. Southlake Blvd. There is an existing 8-inch sanitary sewer line to the west of this property on the adjacent lot. DRAINAGE ANALYSIS: No comments TREE PRESERVATION: No comments Mobility & Master Thoroughfare Plan Recommendations SOUTHLAKE 2025: A sidewalk along Southlake Blvd. is strongly encouraged (this application pre- dates the requirement for sidewalks along all streets and the Pathways Plan does not recommend a trail along this section of Southlake Boulevard). P&Z ACTION: September 6, 2007; Approved (6-0) removing architectural rendering; remove front parking spaces except handicapped spot, replace with landscaping and irrigation; move dumpster to southeast corner; accepting applicant’s willingness to plant off-site trees and shrubs along the northern 10’ boundary of Chesapeake Place adjacent to this site if agreed by homeowners. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated August 31, 2007. N:\Community Development\MEMO\2006cases\06-160ZSP.doc Case No. Attachment A ZA06-160 Page 1 Case No. Attachment B ZA06-160 Page 1 "S-P-1" Letter This site shall follow the “O-1” office district uses and regulations in accordance with Ordinance No. 480, Section 18, as amended, except as follows: DEVELOPMENT REGULATIONS a. Front Yard: There shall be a front yard of not less than thirty (30) feet. b. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed eighty- three (83%) percent of the total lot are. c. Bufferyards shall not be required due to existing site conditions. d. Building shall be permitted to exist as currently constructed, but shall be permitted to be improved in accordance with the attached architectural rendering. Case No. Attachment C ZA06-160 Page 1 Site Plan Case No. Attachment C ZA06-160 Page 2 Future Exterior Alterations Case No. Attachment C ZA06-160 Page 3 Applicant Narrative Case No. Attachment C ZA06-160 Page 4 Applicant Narrative Case No. Attachment C ZA06-160 Page 5 Parking Verification Case No. Attachment C ZA06-160 Page 6 Historical Photograph Case No. Attachment C ZA06-160 Page 7 Existing Building Front (North) Facades Case No. Attachment C ZA06-160 Page 8 SITE PLAN REVIEW SUMMARY Case No.: ZA06-160 Two08/31/07 Review No.: Date of Review: Zoning & Site Plan Project Name: – 3220 W. Southlake Boulevard APPLICANT: SURVEYOR: K. Wayne Lee Waymond Ward Phone: (817) 410-4015 Phone: (817) 281-5411 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/27/07 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 OR DENNIS KILLOUGH AT (817) 748-8069 BEN BRYNER AT (817) 748-8602. 1.Provide a landscape plan which identifies the specific plant materials to be provided. Include the (A variance is requested, calculation chart similar to the one attached to the site plan applications. based on the existing non-conforming conditions and the proposed “S-P-1” zoning regulations which propose no bufferyards) 2.Show and label the type of screening on the trash enclosure. A minimum 8’ masonry wall (similar to the principal building with a metal gate is required. Pad must meet the franchise waste collection provider’s design standards. 3.Provide a grading and drainage plan which shows contours at minimum 2’ intervals, spot elevations at key locations, finish floor elevation and drainage courses. Informational comments: * The applicant requests approval of the “S-P-1” zoning uses and regulations as proposed. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * No changes to existing driveways are proposed. This proposal does not technically change the existing uses, therefore is not expected to increase traffic generation. Case No. Attachment D ZA06-160 Page 1 Surrounding Property Owners Offices of K. Wayne Lee SPO # Owner Zoning Land Use Acreage Retail Commercial 1. Lenna Llc C2 0.652 Mixed Use 2. Heineman, D Scott & Kurt J SP1 2.853 Retail Commercial 3. Southlake Pse Inc C2 1.76 Retail Commercial 4. Hill, Gary Gene Etal C2 2.277 Public/Semi-Public 5. St Martin In-The-Fields Epis SP2 11.566 Medium Density Residential 6. Pulte Homes Of Texas Lp RPUD 0.084 Medium Density Residential 7. Pulte Homes Of Texas Lp RPUD 0.187 Medium Density Residential 8. Merrity, Perry D RPUD 0.448 Medium Density Residential 9. Martin, Michael Etux Sheryl RPUD 0.376 Medium Density Residential 10. Rhodes, William D Etux Traci L RPUD 0.39 Medium Density Residential 11. Gullory, Randall J Etux Barbar RPUD 0.369 Medium Density Residential 12. Jiang, Liuyi RPUD 0.358 Medium Density Residential 13. Johnson, Paul G RPUD 0.374 Medium Density Residential 14. Rohweder, James E Etux Antoine RPUD 0.503 Medium Density Residential 15. Odhiambo, David Etux Jennifer RPUD 0.508 Medium Density Residential 16. Wilder, Lawrence Etux Bonnie RPUD 0.372 Medium Density Residential 17. Goudar, Shankar RPUD 0.354 Case No. Attachment E ZA06-160 Page 1 Medium Density Residential 18. Weinstein, Meryl B Etvir David RPUD 0.368 Medium Density Residential 19. Lamkin, Mark T Etux Anita J RPUD 0.344 Medium Density Residential 20. Sporl, Rebecca Etvir Benjamin RPUD 0.329 Medium Density Residential 21. Ghaffarian, Mehrnaz Sajjadi RPUD 0.382 Medium Density Residential 22. Briggs, Keith Etux Belinda B RPUD 0.37 Medium Density Residential 23. Miller, Howard Etux Cherri RPUD 0.33 Medium Density Residential 24. Cammarata, Patrick R RPUD 0.331 Medium Density Residential 25. Rodriguez, Laurie J RPUD 0.372 Medium Density Residential 26. Song, Chi C RPUD 0.353 Medium Density Residential 27. Beathard, David W Etux Judy RPUD 0.4 Medium Density Residential 28. Dickens, Jason D Etux Adrienne RPUD 0.461 Public/Semi-Public Medium 29. Southlake, City Of RPUD Density Residential 11.551 Medium Density Residential 30. Parrish, Jeff Etux Julie Ann RPUD 0.437 Medium Density Residential 31. Lee, Bob Etux Jane Ho RPUD 0.397 Medium Density Residential 32. Anderson, Nick C RPUD 0.371 Medium Density Residential 33. Schnacke, Alan R Etux Michelle RPUD 0.367 Medium Density Residential 34. Shelton, Chad E Etux Vicki C RPUD 0.374 Medium Density Residential 35. Phillips, David W Etux Yolanda RPUD 0.371 Medium Density Residential 36. Mortensen, Dana Jr Etux Celia RPUD 0.38 Medium Density Residential 37. Tolson, Kevin W Etux Deborah RPUD 0.576 Medium Density Residential 38. McDowell, Carl L RPUD 0.412 Medium Density Residential 39. Larson, John C Etux Caren D RPUD 0.391 Medium Density Residential 40. Smith, Sean P Etux Irma RPUD 0.387 Medium Density Residential 41. Brinson, Zachary W Etux Lillia RPUD 0.388 Medium Density Residential 42. Goodich, Gregory & A M Ferris RPUD 0.455 Medium Density Residential 43. Cleveland, Dennis E Etux Betty RPUD 0.407 Medium Density Residential 44. McCown, Mary I RPUD 0.372 Medium Density Residential 45. Nevill, Glenn Etux Carol RPUD 0.375 Medium Density Residential 46. Reyes, Orlando Etux Cecilia RPUD 0.371 Medium Density Residential 47. Latham, Roy W Etux Christine R RPUD 0.372 Medium Density Residential 48. Follis, Mark A RPUD 0.468 Medium Density Residential 49. Behrens, Jay A Etux Deborah J RPUD 0.454 Medium Density Residential 50. Barnes, Reginald K Etux E RPUD 0.473 Medium Density Residential 51. Young, Jeffrey V Etux Lisa K RPUD 0.431 Medium Density Residential 52. Klein, Denis J Etux Julie A RPUD 0.431 Medium Density Residential 53. Karl, Josephine RPUD 0.428 Medium Density Residential 54. Winkler, Michael T Etux Michel RPUD 0.433 Medium Density Residential 55. Cunningham, James Etux Thelma RPUD 0.43 Medium Density Residential 56. Jones, Steven W II Etux M RPUD 0.425 Medium Density Residential 57. Stevenson, John P Etux Kellye RPUD 0.429 Medium Density Residential 58. Kolster, Richard P Jr Etux C S RPUD 0.44 Medium Density Residential 59. Altay, Tayfun RPUD 0.552 Medium Density Residential 60. Bess, James A Etux Sandra S RPUD 0.563 Medium Density Residential 61. Kincaid, Donald Jr Etux Susan RPUD 0.439 Case No. Attachment E ZA06-160 Page 2 Medium Density Residential 62. Burge, Kyle B Etux Kim T RPUD 0.427 Medium Density Residential 63. James, Yvette H RPUD 0.427 Medium Density Residential 64. Maness, Wanda S Etvir Mark S RPUD 0.427 Medium Density Residential 65. Venteicher, Edward R Etux Kare RPUD 0.433 Medium Density Residential 66. Simpkins, Karen RPUD 0.431 Medium Density Residential 67. Grassanovits, Robert Etux Roby RPUD 0.428 Medium Density Residential 68. Essex, Paul W Etux Nancy RPUD 0.445 Medium Density Residential 69. Craghan, Matt Etux Deidre RPUD 0.572 Medium Density Residential 70. Farris, David Etux Janet RPUD 0.589 Medium Density Residential 71. Riches, Julian M Etux Beverley RPUD 0.454 Medium Density Residential 72. Manuszak, Steven Etux Sandra RPUD 0.426 Medium Density Residential 73. Rowston, Mark Etux Bernadine RPUD 0.426 Medium Density Residential 74. Huon, Chay RPUD 0.504 Medium Density Residential 75. Alvarez, Lamberto Jr Etux Eliz RPUD 0.439 Medium Density Residential 76. Wang, Jerry N Etux Judy H RPUD 0.385 Medium Density Residential 77. Dupree, Denise D Etvir Robert RPUD 0.418 Medium Density Residential 78. Ventura, Kristina Etvir Elliot RPUD 0.406 Medium Density Residential 79. Waishek, Fida RPUD 0.41 Medium Density Residential 80. Raju, Mathai Etux Shiny RPUD 0.457 Medium Density Residential 81. Finch, Richard RPUD 0.394 Medium Density Residential 82. Smith, Sam J Etux Lisa G RPUD 0.449 Medium Density Residential 83. Dukes, Lillian RPUD 0.502 Medium Density Residential 84. Singh, Ripu Daman Etux Pooja D RPUD 0.621 Medium Density Residential 85. Luber, Ronald W RPUD 0.451 Medium Density Residential 86. Navaro, Donald Jerome RPUD 0.536 Medium Density Residential 87. Madrid, Mario A Etux Kelly C RPUD 0.377 Medium Density Residential 88. Kyei, Samuel Etux Pia Fanny RPUD 0.41 Public/Semi-Public 89. Southlake, City Of CS 3.807 Retail Commercial 90. Pearson 1709 Ltd C2 2.743 Medium Density Residential 91. Lee, Jane S Etvir James AG 5.515 Medium Density Residential 92. Century Property Partners Llc SP2 0.747 Medium Density Residential 93. Century Properties Prtnshp SP2 1.01 Retail Commercial 94. Lee, K Wayne AG 0.556 Mixed Use 95. Eagle Contracting Corp AG 0.948 Medium Density Residential 96. Pipees Plant Farm Ltd AG 3.102 Retail Commercial 97. Lee, Wayne RPUD 0.189 Public/Semi-Public 98. Keller ISD AG 10.066 Medium Density Residential 99. J N S Land Family Limited Prt AG 3.743 Medium Density Residential 100. Schaefer, Paul J AG 4.153 Medium Density Residential 101. Schaefer, Paul James AG 1.116 102. City of Keller Case No. Attachment E ZA06-160 Page 3 Surrounding Property Owner Responses Offices of K. Wayne Lee Notices Sent: One-Hundred and Two (102). Responses Receive: One (1).  John & Karen Larson (SPO #39), 435 Chesapeake Ln., submitted a Notification Response Form Undecided stating on September 5, 2007 (see attached). Case No. Attachment F ZA06-160 Page 1 Case No. Attachment F ZA06-160 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-533 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 4A14 & 4A20, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 0.85 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District and Case No. Attachment G ZA06-160 Page 1 “R-PUD” Residential Planned Unit Development 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 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property Case No. Attachment G ZA06-160 Page 2 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 4A14 & 4A20, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 0.85 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District and “R-PUD” Residential Planned Unit Development 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 conditions: Case No. Attachment G ZA06-160 Page 3 1) SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar 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. Case No. Attachment G ZA06-160 Page 4 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 Case No. Attachment G ZA06-160 Page 5 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 __________, 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: Case No. Attachment G ZA06-160 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA06-160 Page 7 EXHIBIT “A” Being Tracts 4A14 & 4A20, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 0.85 acres: Case No. Attachment G ZA06-160 Page 8 EXHIBIT “B” "S-P-1" Letter This site shall follow the “O-1” office district uses and regulations in accordance with Ordinance No. 480, Section 18, as amended, except as follows: DEVELOPMENT REGULATIONS a. Front Yard: There shall be a front yard of not less than thirty (30) feet. b. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed eighty- three (83%) percent of the total lot are. c. Bufferyards shall not be required due to existing site conditions. d. Building shall be permitted to exist as currently constructed, but shall be permitted to be improved in accordance with the attached architectural rendering. Case No. Attachment G ZA06-160 Page 9 Site Plan Case No. Attachment G ZA06-160 Page 10 Future Exterior Alterations Case No. Attachment G ZA06-160 Page 11 Applicant Narrative Case No. Attachment G ZA06-160 Page 12 Applicant Narrative Case No. Attachment G ZA06-160 Page 13 Parking Verification Case No. Attachment G ZA06-160 Page 14 Historical Photograph Case No. Attachment G ZA06-160 Page 15 Existing Building Front (North) Facades Sixty (60%) Case No. Attachment G ZA06-160 Page 16