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Item 7A9 CASE NO: ZA21-0005 SOUTHLAKE PLANNING do DEVELOPMENT SERVICES STAFF REPORT February 26, 2021 PROJECT: Zoning Change and Site Plan for Tate Addition EXECUTIVE SUMMARY: Brian and Darla Williams are requesting 1 St Reading approval of a Zoning Change and Concept Plan for Lot 2, Tate Addition and a portion of Lot 2, Joel W. Chivers No. 350 Addition and a Concept Plan to also include all of Lots 1 and 2, Joel W. Chivers No. 350 Addition, both additions being additions to the City of Southlake, Tarrant County, Texas, and located at 2465, 2525 and 2535 N. White Chapel Blvd., Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF -1A" Single Family Residential District. Requested Zoning: "SF -2" Single Family Residential District. SPIN Neighborhood #1. DETAILS: The project is generally located north of E. Dove Rd. and east of N. White Chapel Blvd. across from Walnut Grove Elementary School. The purpose of this request is to seek 1St Reading approval of a Zoning Change and Concept Plan for Lot 2, Tate Addition and a portion of Lot 2, Joel W. Chivers No. 350 Addition to allow the north property line of Lot 2, Tate Addition, addressed as 2465 N. White Chapel Blvd., to be relocated to the north of the existing pond on the property as shown on the Concept Plan to correspond to the location of the existing ornamental metal fence that separates the lots. The property line between Lots 1 and 2, Joel W. Chivers No. 350 Addition, addressed as 2525 and 2535 N. White Chapel Blvd., is also proposed to be relocated approximately 10' to the west. No changes to the existing buildings and driveways on the properties are proposed. VARIANCE REQUESTED: Subdivision Ordinance No. 483, as amended, Section 8.01.A requires that every lot shall abut on a public or private street. A variance is requested to allow the proposed Lot 2 to not front on a street. The lot is currently a panhandle lot, but the existing driveway to the lot is across Lot 2, Tate Addition at 2465 N. White Chapel Blvd. to the south. The driveway will be placed in an access easement. ACTION NEEDED: Consider 1St Reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Concept Plan Review Summary No. 2, dated February 24, 2021 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-779 Case No. ZA21-0005 Half Size Plans (for Commission and Council members only) Link to Presentation Link to Variance Request Letter Link to Plan STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA21-0005 BACKGROUND INFORMATION OWNER/ APPLICANT: Brian and Darla Williams PROPERTY SITUATION: 2465, 2525 and 2535 N. White Chapel Blvd LEGAL DESCRIPTION: Lot 2, Tate Addition and Lots 1 and 2, Joel W. Chivers No. 350 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District and "SF -1A" Single Family Residential District. PROPOSED ZONING: "SF -2" Single Family Residential District. HISTORY: - The property was annexed into the City in 1957. - A zoning change (ZA01-116) from "AG" Agricultural District to "SF -1A" Single Family Residential District for Lots 1 and 2, Joel W. Chivers No. 350 Addition was approved by City Council on August 20, 2002. - A Plat Showing (ZA85-027) for Lots 1 and 2, Tate Addition was approved April 22, 1985 and filed May 29, 1985. - A Plat Showing (ZA01-117) for Lots 1 and 2, Joel W. Chivers No. 350 Addition was approved October 1, 2002. - An Amended Plat (ZA03-037) for Lots 1 and 2, Joel W. Chivers No. 350 Addition was approved May 5, 2003 and filed May 7, 2003. SOUTH LAKE 2030 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Low Density Residential. Purpose: The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single-family residential development that promotes the openness and rural character of Southlake. Definition (this definition was updated by passage of Ordinance No. 1186 on February 20, 2018): The Low Density Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all rights-of-way, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi - Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a future <8' sidewalk on the east side of N. White Chapel Blvd and a >_8' trail existing on the west side. Sidewalk requirements will be determined with plat submittal. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The Master Thoroughfare Plan shows N. White Chapel Blvd. as an undivided two-lane collector with 70' of right of way. A turn lane exists for Case No. Attachment A ZA21-0005 Pagel Walnut Grove Elementary School across N. White Chapel Blvd. to the west. Traffic Impact No changes to the existing driveways are proposed, so there will be no changes to the existing traffic impact. TREE PRESERVATION: No changes to the existing homes or buildings are proposed. The only proposed changes are to the lot boundaries. UTILITIES: The property is served by an existing 12" water line in N. White Chapel Blvd. City sewer is not available to the property. DRAINAGE: Existing drainage is generally west to east across the properties. CITIZEN INPUT: A SPIN meeting was not held for this request. PLANNING AND ZONING COMMISSION ACTION: February 25, 2021; Approved (7-0) subject to the staff report dated February 24, 2021 and Revised Concept Plan Review Summary No. 2, dated February 24, 2021 and also specifically approving the requested variance. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 2, dated February 24, 2021. Case No. Attachment A ZA21-0005 Page 2 Case No. ZA21-0005 Attachment B Page 1 Vicinity Map 2465, 2525 and 2535 N. White Chapel Blvd. � 9 396 32d u ij 142 P TE Liy 57O 'y. 116 iffi Y �, T 340 4'' 146 136 1T] 224 3 Iii 333 n ; 125 K3 225 $T lArl7 Y7� gYb s 411 405 74i dfla 413 - 37i $ 3701 2fi24 ;7d 9 ffii6 2617 t� 2fi40 _� 2695 2ft10 Zf91 i. is a 2n4 y �F m1 e46 m4 m3 296 293 $ zV p s 399 O 422 0 i0& h�u 2qp 3308 109 433 '509 5:0 i' 307 yQ( N 21}3 165 Im 2db 265 23,319 J65 %S 3p4 2300 91 2201 2341 F 2130 W 97OV E Rd 2129 475 575 c9 2125 'd3; 'aa 551 6s5 591 srzr 2,2i JT a trlry�Ff� ZA21-00055 Zoning Change and _ • Concept Plan 3995 7910 1590 v w 1 Fed Case No. ZA21-0005 Attachment B Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA21-0005 Review No.: Two Date of Review: 02/24/21 Project Name: Zoning Change and Concept Plan — 2465-2535 N. White Chapel Blvd. APPLICANT: Brian and Darla Williams SURVEYOR: Quint Burks Burks Land Surveying 2465 N. White Chapel Blvd. Soutjlake, TX 76092 Phone: (817) 988-9668 Phone: (817) 228-5577 E-mail: bdtwill@yahoo.com E-mail: blsurvey98@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/01/21 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. An appropriate plat that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the conveyance of any portions of lots. No additional development is proposed at this time. The purpose of the Zoning Change and Concept Plan is to allow the relocation of existing lot boundaries between lots. 2. Show, label and dimension the width of the N. White Chapel Blvd. right of way and traveled roadway adjacent to the site. Add dimensions from each property corner to the centerline and full width to the properties to the west. 3. Label the 40' rear setback line on Lot 2, Joel W. Chivers No. 350 Addition. Subdivision Ordinance No. 483, as amended, Section 8.01.A requires that all lots front on a public or private street. A variance request letter requesting to allow the proposed Lot 2 to not front on a street has been submitted. No additional development is proposed at this time, so there is no bufferyard requirement along N. White Chapel Blvd. Provide emergency access as required by the Fire Marshal. Sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan are required along N. White Chapel Blvd. A <8' sidewalk is shown on the east side of N. White Chapel Blvd and a >_8' trail exists on the west side. Sidewalk requirements will be determined with plat submittal. All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of lighting, intensity, glare and spill-over. Fences or walls constructed along N. White Chapel Blvd. must comply with the requirements of Zoning Ordinance No. 480, Section 39.5.c.4. Case No. Attachment C ZA21-0005 Page 1 Public Works/Engineering Review GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Submit grading and drainage plan with Building Permit application prepared by a registered professional engineer in the State of Texas. Plan shall include 2' contours and drainage arrows. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. Runoff from the dwelling must be shown to discharge into a drainage easement or right of way. 3. Show existing sidewalks on the plans. 4. At the time of platting, show existing private utilities as it appears to be crossing different properties. In relation to the rear property not fronting N. White Chapel Blvd. 5. Private utilities crossing neighboring property will need a private utility easement. 6. Future plat will need have a note specifying maintenance and access responsibility for the private utility easement and access easement. It is recommended to coordinate with affected properties. Street intersections shall comply with TDLR/ADA accessibility standards. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Sidewalk widths shall conform to the Southlake Pathways Plan. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citVofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. Be aware that structures are not allowed in utility easements and/or drainage easements. SANITARY SEWER COMMENTS: 1. Public sanitary sewer main is not available for connection to this development therefore septic systems shall be provided in accordance with Tarrant County standards. Verify that there is adequate area to allow for private septic on each proposed property DRAINAGE COMMENTS: 1. At the time of platting provide a drainage plan showing the difference between pre- and post - (future plan) development conditions, and conveyance path. 2. Any dedicated drainage path shall be in a drainage easement. 3. The outfall of the stock pond/retention pond and drainage path needs to be covered in a drainage easement. 4. Who will be maintaining the stock pond/retention pond? Future plat may need to include note Discharge of post development runoff must have no adverse impact on upstream and Case No. Attachment C ZA21-0005 Page 2 downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days 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: http://www.citVofsouthlake.com/PubiicWorks/engineeringdesign.asp New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * Retaining walls greater than 4 -feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Access permit is required prior to construction of the driveway on FM 1709, FM 1938 or SH 114. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * A right of way 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 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. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA21-0005 Page 3 General Informational Comments 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. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Denotes Informational Comment Case No. Attachment C ZA21-0005 Page 4 SURROUNDING PROPERTY OWNERS MAP & RESPONSES r 2732 2725 _ 2717 411 �`' - 2716 405 407 40 413 2789 2708 w 2701 a 3623 X c m m 2625 ca s+. t2? cn 2617 ftj ra - 4s r' N ti w � 2040 28Q1 U ti ATO 2M Sh 200 1 T hl F 2204 208 �3 m 4a2 C: u 212 b 2213 - C] � rmi 30i o m c2 au 3M 2M430 570 0 0 2304 2305 � w � � 165 185 245 265 285 465 585 SPO # Owner Zoning Physical Address Acreage Response 1. SCHELLING, MARTIN W AG 2665 N WHITE CHAPEL BLVD 9.94 NR 2. HADLEY, ROBERT AG 2573 N WHITE CHAPEL BLVD 1.90 NR 3. SOWELL, JERALD RPUD 201 STOCKTON DR 0.47 NR 4. SOUTHLAKE, CITY OF RPUD 2523 N WHITE CHAPEL BLVD 0.67 NR 5. TATE, ROBERT AG 2455 N WHITE CHAPEL BLVD 1.13 nr 6. BROWN, DAN G RPUD 205 STOCKTON DR 0.40 NR 7. FURMAN, KEITH ALLEN RPUD 209 STOCKTON DR 0.39 NR 8. AFOLABI, OLADAPO RPUD 2600 SUMMIT RIDGE DR 0.81 NR 9. WILLIAMS, BRIAN D SF1-A 2525 N WHITE CHAPEL BLVD 1.91 NR 10. CARROLL, ISD SP1 2520 N WHITE CHAPEL BLVD 17.61 NR 11. WILLIAMS, BRIAN AG 2465 N WHITE CHAPEL BLVD 4.50 NR 12. CROSS, WILLIAM RPUD 2608 SUMMIT RIDGE DR 0.60 NR 13. SEAGOVILLE 29 LLC AG 2561 N WHITE CHAPEL BLVD 1.92 NR 14. WILLIAMS, BRIAN D SF1-A 2535 N WHITE CHAPEL BLVD 1.50 NR 15. JMSAT REAL ESTATE LTD AG 2405 N WHITE CHAPEL BLVD 4.30 NR 16. SOUTHLAKE, CITY OF SP1 100 E DOVE RD 10.56 NR 17. SOUTHLAKE, CITY OF CS 200 E DOVE RD 19.70 NR Responses: F: In Favor O: Opposed To U: Undecided Case No. ZA21-0005 NR: No Response Attachment D Page 1 Notices Sent: Fourteen (14) Responses Received: None (0) Case No. ZA21-0005 Attachment D Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-779 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 DESCRIBED AS ZONING CHANGE AND CONCEPT PLAN FOR LOT 2, TATE ADDITION AND A PORTION OF LOT 2, JOEL W. CHIVERS NO. 350 ADDITION, BOTH ADDITIONS BEING ADDITIONS TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.494 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL 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 "AG" Agricultural Case No. Attachment E ZA21-0005 Page 1 District and "SF -1 A" 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 and 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 Case No. Attachment E ZA21-0005 Page 2 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: Case No. Attachment E ZA21-0005 Page 3 Being described as Lot 2, Tate Addition and a portion of Lot 2, Joel W. Chivers No. 350 Addition, both additions being additions to the City of Southlake, Tarrant County, Texas, being approximately 4.494 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF -1A" Single Family Residential 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 the following conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete Case No. Attachment E ZA21-0005 Page 4 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. 6yx"IM011:� 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 Case No. Attachment E ZA21-0005 Page 5 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 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 it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Case No. Attachment E ZA21-0005 Page 6 PASSED AND APPROVED on the 1St reading the day of , 2021. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2021. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA21-0005 Attachment E Page 7 Fxhihif `A' Being legally described as Lot 2, Block 1 Tate Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388-187, Page 2, Plat Records of Tarrant County, Texas and a portion of Lot 2, Joel W. Chivers Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 8324, Plat Records of Tarrant County, Texas, being approximately 4.494 acres, being approximately 0.79 acres and being more particularly described as follows: Case No. Attachment E ZA21-0005 Page 8 Exhibit `B' Reserved for approved Concept Plan Case No. Attachment E ZA21-0005 Page 9