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Item 6C13 SOUTHLAI<,,E CITY OF Department of Planning & Development Services STAFF REPORT June 1, 2011 CASE NO: ZA11 -014 PROJECT: Zoning Change and Concept Plan for 841 S. White Chapel Blvd. EXECUTIVE SUMMARY: Imtiaz Ahmed is requesting approval of a zoning change and concept plan from "RE" Residential Estate District to "SF -2" Single Family Residential District on property located at 841 S. White Chapel Blvd. and totaling approximately 2.426 acres. SPIN #9 REQUEST: The applicant is requesting approval of a zoning change and concept plan from "RE" Residential Estate District to "SF -2" Single Family Residential District to build a new residence under the "SF -2" regulations as shown on the concept plan. As requested in the motion for approval by the Planning and Zoning Commission, the circular driveway has been reconfigured and relocated to move it out of the drip line of an existing 24" Oak tree and to provide truck clearance from large tree limbs. VARIANCE REQUESTS: 1) Driveway Ordinance No. 634, Section 5.3(a) only allows circular drives on residential lots not fronting on arterial or collector thoroughfares The applicant has submitted a variance request letter to allow the circular drive on S. White Chapel Blvd., which is an arterial, as depicted on the concept plan. 2) Driveway Ordinance No. 634, Section 5.1 requires driveway spacing for residential driveways of one hundred (100) feet. The applicant is requesting a spacing of ninety -five (95) feet. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2 nd reading approval of a zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Variance Request Letter (D) Plans and Support Information — Link to PowerPoint (E) Concept Plan Review Summary No. 3 dated May 11, 2011 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480 -604 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) 748 -8072 Richard Schell (817) 748 -8602 Case No. ZA11 -014 BACKGROUND INFORMATION OWNER/ APPLICANT: Imtiaz Ahmed PROPERTY SITUATION: 841 S. White Chapel Blvd LEGAL DESCRIPTION: Lot 4B, White Chapel Place Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: `RE" Residential Estate District REQUESTED ZONING: "SF -2" Single - Family Residential District HISTORY: -A plat revision for Lots 4A and 4B, White Chapel Place Addition was filed on June 25, 1984. -The property previously contained an approximately 2,800 square foot single family dwelling that was constructed in 1985 and an approximately 800 square foot horse barn that was constructed in 1992. Both structures were demolished in 2008 and the property has been vacant since that time. CITIZEN INPUT: The SPIN representative for SPIN District #9 did not feel that a SPIN meeting was necessary for this case. SOUTHLAKE 2025 PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to "SF -2" Single Family Residential District is consistent with this land use designation. TRANSPORTATION ASSESSMENT: S. White Chapel Blvd. is designated as a two lane, undivided arterial with 88' of right of way. Adequate right of has been dedicated for this property. The proposed concept plan shows one residential lot. The existing "RE" Residential Estate District zoning only allows one single family detached dwelling, as does the requested "SF -2" Single Family Residential District, Therefore, the zoning change will not cause a significant change in the number of trips to and from the property. PATHWAYS MASTER PLAN: A less than eight foot sidewalk is planned along the west side of S. White Chapel Blvd and an on- street bikeway is planned on S. White Chapel Blvd. The property has already been platted, so there is no sidewalk requirement. WATER & SEWER: The property is served by an existing 12" water line running along the west side of S. White Chapel. There is a fire hydrant located approximately 180 feet south of the southwest corner of this property on the west side of S. White Chapel. City sewer is not available, so the site will be served by a private septic system. TREE PRESERVATION: Two (2) existing trees in the right -of -way are proposed to be removed for the drive entrance to the property. They are an 18" Cedar Elm and an 8" Cedar Elm. A comment in the review summary requests that the applicant consider relocating the pond and moving the proposed drive entrance to the north to Case No. Attachment B ZA11 -014 Page 1 avoid removing the trees. The trees are protected trees within the right -of -way of White Chapel Blvd. and may be required to be mitigated if removed. » e 10 10 110 Ce 7 e 1013041810 110 10 COMMISSION ACTION: May 5, 2011; Approved (4 -0) with the stipulation that the driveway design be adjusted to provide proper clearance of the drip line of the 24" post oak, approving the variance to the Driveway Ordinance and allowing sufficient flexibility to allow the driveway to achieve proper clearance with the oak tree, and in accordance with the staff report dated April 29, 2011 CITY COUNCIL ACTION: May 17, 2011; Approved at 1 St reading on consent (6 -0). STAFF COMMENTS: Concept Plan Review Summary No. 3 dated May 11, 2011 is attached. Case No. Attachment B ZA11 -014 Page 2 Vicinity Map Ahmed Residence J C J W d Q 2 U W H 2 HITE CHAPEL f-- 77R_ ZA 11 -014 Zoning Change & Concept Plan 841 S. White Chapel Blvd. N 0 300 600 1,200 / Feet Case No. Attachment B ZA11 -014 Page 1 VARIANCE REQUEST LETTER NAL BLAKE R CHI ECTS 1 S. White Chapel Road Suite Southla e, Texas 76092 817 --45$ -9397 April 18, 2011 City of Southlake Planning Department Ref: Concept Plan. ZA l 1-014: Ahmed Residence Variance Request: The .ohm 's respectfully request a Variance to the Driveway ordinance, Section 53(a) so as to a] tow a "circular drive" at the proposed entry gate to the site on an arterial thoroughfare. Typically on acrmage residences the gate area has a "calf box" to allow entry to the site thru the front gate. If no one is horns or entry is not allowed thQ vQbicle at the call box nee&, to make a left turn along the entry drive (outside the gate area) to leave the prerniscs and not back out into the strcet. Other residences along White's Chapel already have this in place. We also request a driveway spacing of 95'-D" centerline to centerline in lieu ofrcgaired ICO' -0" to help pmtcet ark existing tree. Sincerely, Roger (Skipj 13lakc Case No. Attachment C ZA11 -014 Page 1 PLANS AND SUPPORT INFORMATION LINK TO POWERPOINT PRESENTATION CONCEPT PLAN PRESENTED TO THE P&Z COMMISSION OEM fWMT of TRMEY SIRANEII HAM SURVEY AM M5 NED LW -OW DENSITYREVPEN Al WAFB' S—A L ETjX HONA 5 WHITE CHAP,4. PLACE ADDITION WT, 4 . -� ZONED. 5PIA LLD Loh =*rTy Fx:5z"TAL NMD25'I5'E 64080' N FOLOrk TA " qppAy AEAMIC 51E� r \L FIELD PROP05ED - _ FEW �- NEW RESIDENCE N as El — — — — — — — — — — — — OEM fWMT of TRMEY SIRANEII HAM SURVEY AM M5 NED LW -OW DENSITYREVPEN Al REVISED CONCEPT PLAN SUBMITTED MAY 10, 2011 FX15'n% MME "AHM SAMIR 6 PONA 5 WHITE Ci ?M PLA4C ADDTlp L� 4k I 1� zotw SPA Lup -- — — — — — — — — PM Q 111 . �y y ,L___ ?J Lo- _�— _____ -- � — —�. -------------- . LPo5)� jg I - — — — — — — — — — Case No. Attachment D ZA11-014 Page 1 N FOLOrk TA " qppAy AEAMIC 51E� r \L FIELD REVISED CONCEPT PLAN SUBMITTED MAY 10, 2011 FX15'n% MME "AHM SAMIR 6 PONA 5 WHITE Ci ?M PLA4C ADDTlp L� 4k I 1� zotw SPA Lup -- — — — — — — — — PM Q 111 . �y y ,L___ ?J Lo- _�— _____ -- � — —�. -------------- . LPo5)� jg I - — — — — — — — — — Case No. Attachment D ZA11-014 Page 1 TREE CONSERVATION PLAN n d� 2 p�6 �I d u {� yr 7 G owstp -VATS Ohl FLAW ' - jcirvnwc= TR'LT-- To fC.E;HAIN � ��clySlNca 'Ct��� 7'o PrL Fz�.Mc�/E.b I Case No. Attachment D ZA11 -014 Page 2 Q VA[JINT LOT • HWITE CHAPEL 80VUVARp t LOT 4 -13 ( BLOCK A � 8 w G owstp -VATS Ohl FLAW ' - jcirvnwc= TR'LT-- To fC.E;HAIN � ��clySlNca 'Ct��� 7'o PrL Fz�.Mc�/E.b I Case No. Attachment D ZA11 -014 Page 2 A111No UWe t011VELV /lNi►JW111J1►1ILy1F_1:x'1 Case No.: ZA11 -014 Review No.: Three Date of Review: 05/11/11 Project Name: Concept Plan — 841 S. White Chapel Blvd. APPLICANT: Imtiaz Ahmed ARCHITECT: Skip Blake Blake Architects 408 Borders Ct. 1202 S. White Chapel Blvd. Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 481 -7770 Phone: (817) 488 -9397 E -mail: imtiaza @verizon.net Fax: (817) 251 -3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/10/11 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. Show, label and dimension the width of the R.O.W. and traveled roadway on or adjacent to the site. 2. Show, label and dimension the width of any easements on or adjacent to the site. 3. Accessory buildings are not allowed to be located forward of the principal building on the lot. The garage as depicted on the concept plan will only be permitted if it is attached as part of the principal residence. 4. Please make the following changes with regard to bufferyards: a. Show and label the required 10' Type B bufferyard along each boundary in accordance with Ord. 480, Section 42). Show the bufferyard with dashed lines and shading or cross - hatch. b. Provide the bufferyard calculation chart on plan (see example below). The minimum required plant material within the bufferyard for 165' is as follows. 3 — Canopy Trees 5 — Accent Trees 17- Shrubs Example Chart Bufferyards Summary Chart Location Length Bufferyard Width - Type Canopy Trees Accent Trees Shrubs Fence /Screening Height & Material Required 269' 10' Type "B" 6 9 27 None North Provided 269' 10' Type "B" 6 9 27 T Stone Wall c. Provide a Landscape Plan that shows the types and location of the required bufferyard plantings. 5. All driveways /points of ingess /egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: Case No. Attachment E ZA11 -014 Page 1 a. Circular driveways are not permitted on lots fronting on arterial thoroughfares. b. A driveway spacing of 100' is required for residential drives on arterials. A spacing of 95' is requested. A variance request letter has been submitted. Tree Conservation /Landscape Review Keith Martin Landscape Administrator Phone: (817) 748 -8229 E -mail: kmartin @ci.southlake.tx.us Please correct the labels on the Tree Conservation Plan. The trees along the southwest property line are Bradford Pears instead of Redbuds and the trees along the northwest property line are Photinias instead of Persimmons. 2. Two (2) existing trees in the right -of -way are proposed to be removed for the drive entrance to the property. They are an 18" Cedar Elm and an 8" Cedar Elm. Please consider relocation of the pond and moving the proposed drive entrance to the north to avoid removing the trees. The trees are protected trees within the right -of -way of White Chapel Blvd. and may be required to be mitigated if removed. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Public Works /Engineering Review The property is served by an existing 12" water line running along the west side of S. White Chapel. There is a fire hydrant located approximately 180 feet south of the southwest corner of this property on the west side of S. White Chapel. City sanitary sewer is not available in this area. This property has a high point located along the northern property line. The high point drains away concentrically with the majority of the property itself draining generally to the southwest and southeast. There are no drainage improvements located in the near vicinity. Informational Comments: The maximum hose lay distance from a driveway that is accessible by a fire truck is 150' for a dwelling with no sprinkler system and 250' for a dwelling with a sprinkler system. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. The applicant should be aware that prior to issuance of a building permit, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all Case No. Attachment E ZA11 -014 Page 2 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. Denotes Informational Comment Case No. Attachment E ZA11 -014 Page 3 SURROUNDING PROPERTY OWNERS 841 S. White Chapel Blvd. SPO # 1. Owner Sykes, J R Etux Cynthia Zoning RE Land Use = Low Density Residential Acreage 15.15 Response NR 2. Dean, Robert Etux Tracey 5 Low Density Residential 7.77 NR 3. Parra, Michael B SF20A Medium Density Residential 0.47 NR 4. Romano, James Etux Brigeitte 6 Medium Density Residential 0.54 NR 5. Kuelbs, John A & Tyler S AG Low Density Residential 5.88 14 6. Kuelbs, John A & Tyler Kuelbs SF1 -A 9 8 7 7. Durant, Richard Hagen SF1 -A Low Density Residential 0.97 NR 15 Green, Timothy T Etux Laura B SF1 -A Low Density Residential 0.99 NR 9. Bein, Linda A SF1 -A Low Density Residential 1.46 NR 16 Timberlake, William Etux Andre 17 12 10 11 13 Williams, David C Etux Terri L SF1 -A 1 1.34 NR 19 Timberlake, William H & Andree 18 Low Density Residential 1.47 F 13. Powell, Marc Etux Lori SF1 -A Low Density Residential 2.20 NR 14. Fox, George Etux Beverly 20 Low Density Residential 1.47 NR 15. Fox, George Etux Beverly SF1 -A Low Density Residential 3 NR 4 2 SPO # 1. Owner Sykes, J R Etux Cynthia Zoning RE Land Use = Low Density Residential Acreage 15.15 Response NR 2. Dean, Robert Etux Tracey RE Low Density Residential 7.77 NR 3. Parra, Michael B SF20A Medium Density Residential 0.47 NR 4. Romano, James Etux Brigeitte SF20A Medium Density Residential 0.54 NR 5. Kuelbs, John A & Tyler S AG Low Density Residential 5.88 NR 6. Kuelbs, John A & Tyler Kuelbs SF1 -A Low Density Residential 3.18 NR 7. Durant, Richard Hagen SF1 -A Low Density Residential 0.97 NR 8. Green, Timothy T Etux Laura B SF1 -A Low Density Residential 0.99 NR 9. Bein, Linda A SF1 -A Low Density Residential 1.46 NR 10. Timberlake, William Etux Andre SF1 -A Low Density Residential 1.25 F 11. Williams, David C Etux Terri L SF1 -A Low Density Residential 1.34 NR 12. Timberlake, William H & Andree SF1 -A Low Density Residential 1.47 F 13. Powell, Marc Etux Lori SF1 -A Low Density Residential 2.20 NR 14. Fox, George Etux Beverly SF1 -A Low Density Residential 1.47 NR 15. Fox, George Etux Beverly SF1 -A Low Density Residential 3.12 NR Case No. Attachment F ZA11 -014 Page 1 16. Wahby, Samir C Etux Mona S SF1 -A Low Density Residential 1.11 NR 17. Wahby, Samir C Etux Mona S SF1 -A Low Density Residential 1.43 NR 18. Ahmed, Imtiaz Etux Fazila RE Low Density Residential 1.33 NR 19. Ahmed, Imtiaz Etux Fazila RE Low Density Residential 1.20 NR 20. Dean, Robert & Tracey AG Low Density Residential 5.96 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received Twenty (20) Two (2) — Attached NR: No Response Case No. Attachment F ZA11 -014 Page 2 Notification Response Form ZA11 -014 Meeting Date: May 5, 2011 at 6:30 PM Timberlake, William Etux Andre 215 White Chapel Ct Southlake Tx, 76092 46538 A 2R5R10 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the wner(s) of the property so noted above, are hereby in favor of ` opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced abo,t Space for comments regarding your position: Signature: u) ., '� Q� Date: Additional Signature: Printed Name(s): `,J Midf" Must be property owner(s) whose name(s) are printed at top. Phone Number (optional): Date: Otherwise contact the Planning Department. One form per property. Case No. Attachment F ZA11 -014 Page 3 Notification Response Form ZA11 -014 Meeting Date: May 5, 2011 at 6:30 PM Timberlake, William H & Andree 215 White Chapel Ct Southlake Tx, 76092 46538 A 2R5R12 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby ,3 in favor o opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced ab *.W Alm Space for comments regarding your position: 111111111111111M. 7510 �W Signature: i Date: 4 7- 11 Additional Signature: Date: Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment F ZA11 -014 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -604 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 LOT 4B, BLOCK A, WHITE CHAPEL PLACE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.426 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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 "RE" Residential Estate Case No. Attachment F ZA11 -014 Page 1 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 Case No. Attachment F ZA11 -014 Page 2 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 described as Lot 4B, Block A, White Chapel Place Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 2.426 acres, and more fully and completely described in Exhibit "A" from "RE" Residential Estate District to "SF -2" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ", and subject to Case No. Attachment F ZA11 -014 Page 3 the following conditions: 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. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment F ZA11 -014 Page 4 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. Case No. Attachment F ZA11 -014 Page 5 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 1 st reading the 17th day of May, 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of , 2011. Case No. ZA11 -014 Attachment F Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA11 -014 Page 7 EXHIBIT "A" Being described as Lot 4B, Block A, White Chapel Place Addition, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment F ZA11 -014 Page 8 EXHIBIT "B" Reserved for Approved Concept Plan Case No. Attachment F ZA11 -014 Page 9