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Item 6A Department of Planning & Development Services S T A F F R E P O R T March 28, 2012 CASE NO: ZA12-004 PROJECT: Zoning Change and Development Plan for Westwyck Court EXECUTIVE SUMMARY: On behalf ofDoris Downard and Venetian Homes, Tom Matthews is requesting approval of a zoning change and development plan from AG – Agricultural District and SF-1A - Single Family Residential District to R-PUD Residential Planned Unit Development District on approximately 3.257 acres described as Tract 1A2, Ben J. Foster Survey, Abstract No. 519 and Tract 2A1, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and currently addressed as 1205 and 1255 Randol Mill Ave., Southlake, Texas. SPIN # 5 REQUEST: The applicant is requesting approval of a zoning change and development plan from AG – Agricultural District and SF-1A Single Family Residential District to R-PUD Residential Planned Unit Development District to develop three residential lots on two existing tracts totaling approximately 3.257 acres. The minimum gross lot area is 39,000 square feet, the open space/conservation easement proposed is 14,215 square feet, or approximately 10.02% of the gross area, and the gross density is 0.92 dwelling units per acre. The three lots will access Beam Drive by way of a private access drive. Two alternatives for the private access drive are proposed in the zoning narrative (see p. 2 of Attachment C). Since first reading, two changes have been made to the zoning narrative and regulations to provide further clarification: 1) The Tree Preservation Plan calls for 50% of the trees to be preserved in the cross hatched area. Except, any area within the building pad or physical improvement plus ten feet (10’) outside of such pad or improvement, whether that pad, structure or improvement be the principal residence, driveway, walkway, patio, pool, tennis court, sport court or accessory building and including drainage easements, is exempt from this restriction. In the single hatched areas of each lot, 100% of the trees will be preserved, except where such area is within plus ten feet (10’) from a vertical structure or swimming pool or where such area is improved with driveway or walkway or within a drainage easement, as such areas shall be exempt from this restriction. 2) Lot Depth: The minimum depth of a lot shall be two hundred feet (200’). It is agreed that the dimensions of Lot 3 are interpreted to meet this requirement. Case No. ZA12-004 Page 1 Also, the applicant has withdrawn his request for a variance to Subdivision Ordinance No. 483, Section 5.06(B)(2), as amended, requiring sidewalks on both sides of all public and private streets and he has agreed to escrow funds for a four (4) foot sidewalk along the south side of Beam Dr. from Randol Mill to the proposed private access driveway. The developer will also be required to and has agreed to escrow funds for a four (4) foot sidewalk along the length of Randol Mill adjacent to the property and the eight (8) foot multi-use trail shown on the Pathways Plan will be constructed by the City with improvements to Randol Mill Ave. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a zoning change and development plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint (D) Revised Development Plan Review Summary No. 4 dated March 27, 2012 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-616 for Commission and Council Members Only (G) Half Size Plans () STAFF CONTACT: Dennis Killough (817) 748-8072 Case No. ZA12-004 Page 2 BACKGROUND INFORMATION OWNERS: Doris Downard and John and Venetian Homes APPLICANT: Tom M. Matthews, Jr. PROPERTY SITUATION: 1205 and 1255 Randol Mill Ave. LEGAL DESCRIPTION: Tract 1A2, Ben J. Foster Survey, Abstract No. 519 and Tract 2A1, John Childress Heirs Survey, Abstract No. 253 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: AG – Agricultural District and SF-1A - Single Family Residential District REQUESTED ZONING: R-PUD Residential Planned Unit Development District HISTORY: -The existing home at 1255 Randol Mill Ave. was constructed in 1960 (Source: Tarrant Appraisal District). -The existing home at 1205 Randol Mill Ave. was constructed in 1984 (Source: Tarrant Appraisal District). The SF-1A zoning on the property located at 1205 Randol Mill Ave. was placed on the property with the adoption of Zoning Ordinance No. 480 in 1989. SOUTHLAKE 2025 PLAN: The underlying land use designation is Low Density Residential, which is for single-family residential development at a net density of one or fewer dwelling units per acre. The request to change the zoning to R-PUD Residential Planned Unit Development District with a net density of approximately 0.92 dwelling units per acre is consistent with this land use designation. PATHWAYS PLAN: The Master Pathways Plan shows an 8’ plus multi-use trail planned along the east side of Randol Mill Ave. (F.M. 1938). The developer will also be required to and has agreed to escrow funds for a four (4) foot sidewalk along the length of Randol Mill adjacent to the property and the eight (8) foot multi-use trail shown on the Pathways Plan will be constructed by the City with improvements to Randol Mill Ave. WATER & SEWER: The three proposed lots are serviced by an 12-inch water line in Randol Mill Ave. and an 8-inch sewer line that extends south to the property from Beam Dr. TREE PRESERVATION: 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. CITIZEN INPUT: The Chair of the SPIN Standing Committee, Ron Evans, did not recommend a SPIN meeting for this development. PLANNING AND ZONING Case No. Attachment A ZA12-004 Page 1 COMMISSION ACTION: February 23, 2012; Motion to table the item to the March 8, 2012 P&Z meeting was approved (7-0). March 8, 2012; Approved (4-0), subject to RevisedDevelopment Plan Review Summary No. 3 dated March 8, 2012 and with the recommendation to Council that it adopt the 28’ driveway option as opposed to the 24’ option (see the Zoning Proposal on p. 3 of Attachment C). CITY COUNCIL ACTION: March 20, 2012; Approved (6-0), subject to Revised Development Plan Review Summary No. 4 dated March 20, 2012 and recommending the 28’ driveway option. STAFF COMMENTS: RevisedDevelopment Plan Review Summary No. 4 dated March 27, 2012 is attached. Case No. Attachment A ZA12-004 Page 2 Case No. Attachment B ZA12-004 Page 1 PLANS AND SUPPORT INFORMATION DEVELOPMENT PLAN Case No. Attachment C ZA12-004 Page 1 R-PUD REGULATIONS Case No. Attachment C ZA12-004 Page 2 Case No. Attachment C ZA12-004 Page 3 Case No. Attachment C ZA12-004 Page 4 Case No. Attachment C ZA12-004 Page 5 Case No. Attachment C ZA12-004 Page 6 Case No. Attachment C ZA12-004 Page 7 REVISED DEVELOPMENT PLAN REVIEW SUMMARY ZA12-004Four03/27/12 Case No.: Review No. Date of Review: Development Plan – Westwyck Court Project Name: APPLICANT: Tom Matthews Engineer: Keith Hamilton Four Peaks - RM Hamilton, Duffy, PC 2600 E. Southlake Blvd. Ste. 120 - 323 8241 Mid-Cities Blvd. #100 Southlake, TX 76092 North Richland Hills, TX 76182 Phone: (214) 676-3434 Phone: (817) 268-0408 E-mail: tmatthews@fourpeaksdev.com Fax: (817) 284-8408 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/13/12 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 RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072. 1. A combination of a metal fence and a stone wall with columns is shown along Randol Mill Ave (F.M. 1938). Fencing and screening along Randol Mill Ave. (F.M. 1938) must comply with the design criteria for the Corridor Overlay Zone (see Ord. 480-S § 43.9.c.1(e) for design criteria). It would be helpful to provide exhibits showing examples of the fence types. 2. To make the plan more legible, please use a lighter gray line showing the right of way dedication to TXDOT. The heavy dashed line looks like that dedication is being done by this plat. Also, please label the dedication as you’ve done with the additional 16’ dedication to the City. 3. A minimum 4’ sidewalk is required on both sides of all public and private streets in all residential subdivisions platted or replatted after the effective date of Subdivision Ordinance No. 483, as amended. The applicant has agreed to escrow funds for a four (4) foot sidewalk along the south side of Beam Dr. from Randol Mill to the proposed private access driveway. The developer will also be required to and has agreed to escrow funds for a four (4) foot sidewalk along the length of Randol Mill adjacent to the property and the eight (8) foot multi-use trail shown on the Pathways Plan will be constructed by the City with improvements to Randol Mill Ave. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us 1. 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. Public Works/Engineering Review Case No. Attachment D ZA12-004 Page 1 Alex Ayala Civil Engineer (817) 748-8274 aayala@ci.southlake.tx.us GENERAL COMMENTS: * A ROW permit shall be obtained from the Public Works Operations Department for connections with the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082. * All fire lane radii must be 30’ minimum. * The turnaround radius on the hammer head must conform to fire department standards of 50’ min. * Street intersections must comply with TDLR/ADA accessibility standards. * Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. * Use the City of Southlake GPS monuments whenever possible. EASEMENTS AND R.O.W.: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Coordination with the City will be required to insure adequate R.O.W. dedication for the future FM 1938 expansion. 3. The water lines, fire hydrant lines and sanitary sewer lines need to be in an easement. These easements are not shown on the preliminary plat. * 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. WATER COMMENTS: 1. Loop waterline if possible. 2. Coordination with the City will be required for the future relocation of the 12” WL on FM 1938 which serves this development. 3. The fire line needs to be separate from the service lines. Verify service to Lot 1. 4. Service Lines need to be perpendicular to the public water lines. * Fire hydrants shall be spaced a maximum of 300 linear feet apart, or 600 linear feet if buildings are sprinkler. * Minimum easement width for utilities along the rear is 30”. SANITARY SEWER COMMENTS: 1. All sewer lines in easements or ROW must be constructed to City standards. Case No. Attachment D ZA12-004 Page 2 DRAINAGE COMMENTS: * The difference between pre and post development runoff shall be captured in the existing Westwyck Hills detention pond. The detention pond shall control the discharge of the 2, 10 and 100 year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained in the Westwyck Hills pond and provide documentation for the existing pond design. * Verify that the size, shape, and/or location of the Westwyck Hills detention pond will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of the existing pond may require a revision to the Westwyck Hills development plan and may need to be approved by the Planning and Zoning Commission and the City Council. * Calculations will be required to verify that the private access drive will be able to handle the volume of storm water at proposed conditions. * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit 4 copies of the civil construction plans (22” x 34” full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. * 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. Fire Department Review David Barnes Fire Marshal (817) 748-8233 GENERAL COMMENTS: 1. Automatic fire sprinkler system will be required for buildings over 6,000 sq.ft. (per 2006 I.F.C. Sec. 903.2.10.6 as amended) Submit plans to Reed Fire Protection 14135 Midway Rd. Suite G260 Addison, Tex. 75001 Phone # 214-638-7599. Case No. Attachment D ZA12-004 Page 3 FIRE LANE COMMENTS: 1. Fire apparatus access needs to be provided to within 150 feet of all exterior portions of the perimeter of buildings on a “hose-lay” basis. Fire apparatus access, if necessary, needs to be all weather surface (asphalt or concrete) 24 feet wide and able to support fire apparatus. 2. Fire apparatus access roads needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 75,000 lbs GVW). 3. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per 2006 I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and updated 07-18-97) Dimension turn radii on site plan. 4. Streets that are to be dead-end until the next phase of construction need to be provided with an approved turn-around for fire apparatus if the dead-end is more than 150 feet long. 5. Section 503.3.1 Requires Private Access Easements shall be built to city street standards. FIRE HYDRANT COMMENTS: * Hydrant may be required depending upon building construction type and square footage and locations of existing hydrants. (per 2006 I.F.C. Section 508.1. as amended) * Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet for five-inch diameter hose. * Hydrants required at maximum spacing R-3 and U Occupancies 400 feet Unsprinklered 600 feet Sprinklered. All others 300 feet Unsprinklered and 600 feet Sprinklered. Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. INFORMATIONAL COMMENTS: * All construction plans to be submitted for a building permit must conform to the edition of the International Fire Code currently amended and adopted. * = Denotes informational comment. Informational Comments: *The Master Pathways Plan shows an 8’ plus multi-use trail planned along the east side of Randol Mill Ave. (F.M. 1938). The developer will be required to escrow funds for a 4’ sidewalk along Randol Mill and the 8’ trail will be constructed by the City with improvements to Randol Mill Ave. * Please contact Peter Kao in Community Services at (817) 748-8607 regarding park fees, dedications or credits. * 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. Case No. Attachment D ZA12-004 Page 4 * 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. * 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. * Denotes Informational Comment Case No. Attachment D ZA12-004 Page 5 SURROUNDING PROPERTY OWNERS SPO # Owner Zoning Land Use Acreage Response Southlake, City Of SF1-A Low Density Residential 1.21 1. NR Reznik, Robert L Etux Wendy K SF1-A Low Density Residential 0.96 2. NR Hale, James V Etux Beverly SF1-A Low Density Residential 0.96 3. NR Temple, Paul SF1-A Low Density Residential 1.15 4. NR Bates, Scot SF1-A Low Density Residential 1.37 5. NR Halow, Seham Etvir Esau SF1-A Low Density Residential 1.18 6. NR Westwyck Hills Ltd RPUD Low Density Residential 1.98 7. NR Westwyck Hills Ltd RPUD Low Density Residential 0.04 8. NR Westwyck Hills Ltd RPUD Low Density Residential 0.06 9. NR Westwyck Hills Ltd RPUD Low Density Residential 0.06 10. NR Mayse, Richard Etux Helen RPUD Low Density Residential 0.78 11. NR Venetian Properties Llc RPUD Low Density Residential 0.72 12. NR Allison, Trent Etux Jill A RPUD Low Density Residential 0.74 13. NR S G Bruton Inc RPUD Low Density Residential 0.78 14. NR Downard, Doris Bolton AG Low Density Residential 2.92 15. NR Bridges, Richard W Etux Teri SF1-A Low Density Residential 1.09 16. NR Radich, John Etux Marilyn SF1-A Low Density Residential 1.03 17. F City of Keller - - - 18. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment E ZA12-004 Page 1 Notices Sent: Eighteen (18) Responses Received Within 200 Feet: One (1) Case No. Attachment E ZA12-004 Page 2 Case No. Attachment E ZA12-004 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-616 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 TRACT 1A2, BEN J. FOSTER SURVEY, ABSTRACT NO. 519 AND TRACT 2A1, JOHN CHILDRESS HEIRS SURVEY, ABSTRACT NO. 253, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.257 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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, Case No. Attachment F ZA12-004 Page 1 WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District and “SF-1A” Single Family Residential 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 Case No. Attachment F ZA12-004 Page 2 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 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 Tract 1A2, Ben J. Foster Survey, Abstract No. 519 and Tract Case No. Attachment F ZA12-004 Page 3 2A1, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas, being approximately 3.257 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District and “SF-1A” Single Family Residential District to “R-PUD” Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: R-PUD REGULATIONS Reserved for Approved R-PUD Regulations 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 Case No. Attachment F ZA12-004 Page 4 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. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or Case No. Attachment F ZA12-004 Page 5 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 post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) 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. stth PASSED AND APPROVED on the 1 reading the 20 day of March, 2012. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the _____ day of _________, 2012. ________________________________ Case No. Attachment F ZA12-004 Page 6 MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA12-004 Page 7 EXHIBIT “A” Being described as Tract 1A2, Ben J. Foster Survey, Abstract No. 519 and Tract 2A1, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas, being approximately 3.257 acres and more fully and completely described below: Case No. Attachment F ZA12-004 Page 8 Case No. Attachment F ZA12-004 Page 9 EXHIBIT “B” Reserved for Approved Development Plan Case No. Attachment F ZA12-004 Page 10