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Item 6ACITY OF S0UTHLA1<,.,.,E Department of Planning & Development Services STAFF REPORT May 10, 2017 CASE NO: ZA17-025 PROJECT: Zoning Change and Concept Plan for 583 Shady Oaks Dr. EXECUTIVE SUMMARY: William Stromberg and Baird, Hampton & Brown, Inc. are requesting approval of a Zoning Change and Concept Plan for a single-family residential lot to be known as Lot 14, L.B.G. Hall No. 686 Addition on property described as Tract 2E, L.B.G. Hall Survey, Abstract No. 686 and Tract 9C, T.M. Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County, Texas, and addressed as 583 Shady Oaks Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -30" Single Family Residential District. SPIN Neighborhood #7. DETAILS: This project is located on the east side of Shady Oaks Dr. approximately 440 north of its intersection with Love Henry Court and approximately 375 feet south of Don T. Durham Intermediate School. The two tracts are designated as Low - Density Residential on the Future Land Use Plan. The tracts were occupied by a single-family residential dwelling which was razed on or around August 2015. The purpose of this request is to rezone the property from "AG" Agricultural District to "SF -30" Single Family Residential District in order to create a single buildable lot at 583 Shady Oaks Drive. Because the proposed lot is below one net acre in size after right of way dedication, the "SF -30" designation is the least dense residential district that is compatible with the existing tract size. This proposal does not result in the creation of additional buildable lots within the Low -Density Residential area on the Future Land Use Map. A plat showing for this property has been submitted as Lot 14, L.B.G. Hall No. 686 Addition. Approval of the Plat Showing may be considered administratively if complies with the underlying approved zoning. Case No. ZA17-025 Site Data Summary 583 Shady Oaks Dr. Existing Zoning "AG" Agricultural District Proposed Zoning "SF -30" Single Family Residential District Land Use Designation Low Density Residential Gross/Net Acreage 0.999 ac./0.972 ac. Residential Lots 1 Gross Density 1.001 du/ac. Net Density 1.029 du/ac. Case No. ZA17-025 ACTION NEEDED: 1. Conduct Public Hearing 2. Consider 2nd Reading Approval of Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated April 13, 2017 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-725 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Plans Page 1 - Concept Plan Page 2 - Tree Conservation Plan Property owner responses STAFF CONTACT: Ken Baker (817) 748-8067 David Jones (817) 748-8070 Case No. ZA17-025 BACKGROUND INFORMATION OWNER: William Stromberg APPLICANT: Baird, Hampton & Brown, Inc. PROPERTY SITUATION: 583 Shady Oaks Dr. approximately 440 north of the intersection with Love Henry Court and approximately 375 feet south of Don T. Durham Intermediate School. LEGAL DESCRIPTION: Tract 2E, L.B.G. Hall Survey, Abstract No. 686 and Tract 9C, T.M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" —Agricultural District PROPOSED ZONING: "SF -30" — Single Family Residential District HISTORY: - The house previously located on this property was constructed in 1958 (source: Tarrant Appraisal District) - The property was annexed into the City in 1974 and given the "AG" zoning designation. - Six permits were issued between 1996 and 2003, including permits for a gas fireplace and masonry chimney, upgraded electrical service, lawn sprinkler system, a septic -to -sewer conversion, and a swimming pool. - A demolition permit was issued in August 2015 and both the house and accessory structure were demolished. SOUTH LAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Low Density Residential. The Low Density Residential category g" is for detached single-family � T residential development at a net density of one or fewer dwelling units o per acre. Net density is the number of o N dwelling units per net acre, which excludes acreage in all public rights- of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi -Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Because a single house existed on this lot previously and the applicant is proposing no increase in the gross density of the property from the current 1.001 du/acre, the proposal complies with the intent of the Comprehensive Plan for this property. Case No. Attachment A ZA17-025 Page 1 TRANSPORTATION ASSESSMENT: Mobility & Master Thoroughfare Plan The Thoroughfare Plan designates Shady Oaks Dr. as a 60' collector. The applicant is proposing to dedicate sufficient right of way on the plat to comply with the Thoroughfare Plan. Pathways Master Plan & Sidewalk Plan The 2030 Pathways Master Plan shows an 8' future sidewalk extending along the east side of Shady Oaks Dr. as a priority sidewalk corridor. The property is not exempt from the sidewalk requirement since it is located within 1,500 feet of a school on the same side of the street. Area Road Network and Conditions The property is located on Shady Oaks Dr., which is a collector street. A minimum right of way of 60' feet is required (30' from centerline). Adequate right of way is shown to be dedicated on the associated Plat Showing that is being processed administratively (ZA17-024). Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. The new single family home will replace a prior single family home on the property, so there will be no increase in trip generation. TREE PRESERVATION: The site is subject to the City's Tree Preservation Ordinance No. 585-D because it is being rezoned. The proposed tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover on the site is 27% and the minimum existing tree cover required to be preserved is 60%. The amount of existing tree cover proposed to be preserved is 60.7% with additional trees shown as marginal. UTILITIES: A 12" water line and an 8" sewer line exist along Shady Oaks Dr. to serve the property. A septic -to -sewer conversion was permitted on the property in September 2000. DRAINAGE: Drainage on the property is generally sheet flow from northwest to east- southeast. A drainage plan will be required with new construction. CITIZEN INPUT: A SPIN meeting was not held for this project. PLANNING AND ZONING COMMISSION ACTION: April 20, 2017; the Planning and Zoning Commission voted 6-0 to recommend approval as presented subject to the Staff Report dated April 13, 2017 and the Concept Plan Review Summary #2 dated April 13, 2017. COUNCIL 1ST READING ACTION: May 2, 2017; City Council voted 6-0 to approve this item on consent. Case No. Attachment A ZA17-025 Page 2 STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated April 13, 2017. Case No. ZA17-025 Approval of a single -lot Plat Showing for this property (ZA17-024) is contingent upon approval of the change of zoning. If the zoning request is approved, the Plat Showing may be approved administratively. Attachment A Page 3 Vicinity Map 583 Shady Oaks Drive 1 717 713 705 630 0 608 606 604 602 0 1NG C 0 cn a, 609 607 605 6a3 CD 601��� 4.24 420 416 412 �p4� 0 F- Cn m U 415 C" cr, C° ¢ O C 6L61210 608 606LLANO g CTir 611 609 607 60 2 O 720 716 712 708 7040Lf 570 530 490 LOVE HENRY CT 700 D LOVI: HENRY 719 715 711 rOS 701 O 615 575 535 495 703 i8 714 710 ED RD T 707 722 V Og JAI 713 1 ZA 17-025 Zoning Change and Concept Plan 0 205 410 820 s Feet Case No. Attachment E ZA17-025 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA17-025 Review No.: Two Date of Review: 04/13/17 Project Name: Zoning Change and Concept Plan — 583 Shady Oaks (prop. Lot 14, LGB Hall Addn) APPLICANT: Josh Wargo Baird, Hampton & Brown, Inc. 4550 SH 360 #180 Grapevine, TX 76051 Phone: 817-251-8550 x. 307 Email: jwargo@bhbinc.com OWNER: William Stromberg 223 NE Loop 820 Hurst, Texas 76053 Phone: 817-440-2501 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/03/17 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF ZONING AND CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review David Jones, AICP Principal Planner Phone: (817) 748-8070 Email: dlones(a)ci.southlake.tx.us On the subject property, amend "OPRTCT" to "DRTCT". 2. On the Vicinity Map, Amend "Carrot H.S." to "Carroll". Because this property lies within 1500 feet of a school on the same side of the street, 8' public sidewalk shall be constructed along property frontage at the time of house construction in accordance with the Master Pathways Plan. Per Section 8.05.A.F of the Subdivision Ordinance No. 483, as amended, all above ground equipment shall be screened from public view, in such a manner that the ground equipment cannot be seen from a public right-of-way. Said screening shall be completed at the time of installation by the utility company and/or developer. Per Section 8.05.A.1, of the Subdivision Ordinance No. 483, as amended, regarding utility lines in new plats or subdivisions, all newly installed electric utility lines and wires that will be operated at nominal voltages, all telephone utility lines and wires, all cable television and other communication or utility lines and wires, and all terminals shall be installed, placed and constructed underground; and able television, telephone, and electric transformer and primary switching gear may be pad mounted or placed underground. Case No. ZA17-025 Attachment C Page 1 Tree Conservation/Landscape Review E-mail: kmartin@ci.southiake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The proposed tree conservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 27% of existing tree cover on the property and 60% is required to be preserved. The applicant is proposing to preserve 60.7% of the existing tree cover. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be reserved* 70% -0%-20% 20.1 —40% 60% 50% -40.1%-60% 60.1%-80% 40% 80.1% -100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. 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. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA17-025 Page 2 Community Services Review Peter Kao Construction Manager Phone: 817-748-8607 Email: pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. No park fees are required due to prior existing house. Public Works/Engineering Review Om Chhetri, P.E. Civil Engineer (817) 748-8101 ochhetri(abci.south lake.tx.us GENERAL COMMENTS: 1. Submit grading and drainage plan with Building Permit application. Plan shall include 2' contours and drainage arrow. Runoff from the property/dwelling must be directed to discharge into a drainage easement or right of way and to the predevelopment condition. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. * Public water and sanitary sewer is available to the property. * Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. * Sidewalks shall be required to be constructed with each dwelling and widths shall conform to the Southlake Pathways Plan. * Driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. INFORMATIONAL COMMENTS: * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Case No. Attachment C ZA17-025 Page 3 * 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.cityofsouthlake.com/index.aspx?NID=266 * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1" inch meter must have a 1" tap, etc. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. * 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.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * 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. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements(@ci.southlake.tx.us 1. No comments based on submitted information. General Informational Comments: * The associated plat must comply with the underlying zoning district. * 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. * 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 concept 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. Case No. Attachment C ZA17-025 Page 4 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 502 607 605 ►I s12 161 a l bas I Eos I sa4 611 T609T607T605TI 6301 0 c� co fD 4 404 400 4_2_4 420 416 412©� CCD.... 401 CD co ) 415 m ° Lo 716wE712 708 704 700 610 570 530 490 450 A 719 715 711 705 701 815 575 535 495 455 # Owner Property Address Zoning Ac Response 1. BOWYER, JAMES 602 LLANO CT SF20A 0.490 F 2. FRISKE, MICHAEL T 601 LLANO CT SF20A 0.633 NR 3. FULLER, GREGORY 570 LOVE HENRY CT SF1-A 1.980 NR 4. GEWENIGER FAMILY REVOCABLE TRU 440 CHAPEL DOWNS CT SF20A 0.683 NR 5. JUNG, TERI F 600 SHADY OAKS DR AG 0.985 NR 6. LANUZA, CELESTE 600 LLANO CT SF20A 0.639 NR 7. LUCAS, JAMES C 585 SHADY OAKS DR AG 1.061 NR 8. MANDUVA, SATHEESH 587 SHADY OAKS DR AG 2.059 NR 9. MEYER, LANGTRY 700 LOVE HENRY CT SF20A 0.623 NR 10. MOONEY, ROBERT O 581 SHADY OAKS DR SF1-A 1.007 F 11. ROBINSON, JOHN W 610 LOVE HENRY CT SF1-A 1.952 NR 12. SHEARING, RICHARD 436 CHAPEL DOWNS CT SF20A 0.692 F 13. STROMBERG, WILLIAM M 583 SHADY OAKS DR AG 0.544 NR 14. STROMBERG, WILLIAM M AG 0.471 NR 15. ZAVODNICK, TODD 432 CHAPEL DOWNS CT SF20A 0.841 O 16. Superintendent of Carroll ISD NR 17 Superintendent of Grapevine Colleyville ISD NR 18. Superintendent of Northwest ISD NR 19. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Nineteen (19) Property owner responses Responses Received within 200': Three (3) In Favor; One (1) Opposed Case No. ZA17-025 NR: No Response Attachment D Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-725 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 2E, L.B.G. HALL SURVEY, ABSTRACT NO. 686 AND TRACT 9C, T.M. HOOD SURVEY, ABSTRACT NO. 706, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.999 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -30" 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 ZA17-025 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 Case No. Attachment E ZA17-025 Page 2 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: 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 ZA17-025 Page 3 Being described as Tract 2E, L.B.G. Hall Survey, Abstract No. 686 and Tract 9C, T.M. Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County, Texas being approximately 0.999 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -30" 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: 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 Case No. Attachment E ZA17-025 Page 4 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 not, under such ordinances, same shall not be affected by this ordinance Case No. Attachment E ZA17-025 Page 5 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 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. PASSED AND APPROVED on the 1St reading the day of , 2017. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2017. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA17-025 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA17-025 Page 7 EXHIBIT "A" Being described as Tract 2E, L.B.G. Hall Survey, Abstract No. 686 and Tract 9C, T.M. Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County, Texas being approximately 0.999 acres and being more particularly described as follows: Metes and Bounds Description METES & BOUNDS DESCRIPTION 583 SHADY OAKS DRIVE SCILIT HLAKE, TEXAS WHEREAS William M. Stromberg is the owner of a tract of land situated in the Thomas Hood Survey, Abstract No. 706, and the L,B,G. Hall Survey, Abstract No, 686, Tarrant County, Texas, being all of a called D.99 acre tract of land as described in the deed recorded In County Clerk's Instrument No, D2110056465, Official Public Records, Tarrant County, Texas (OPRTCT), and being more particularly described by metes and bounds as follows (Bearings referenced to the Texas Coordinate System, NAD83 North Central Zone - 4202, as established using GPS Technology In conjunction with the Texas RTIC Cooperative Network): BEGINNING at a 5/8 -inch iron rod found for the southeast corner of the said 0.99 -acre tract of land, being common with an interior corner of Lot 1, L.134� Hall No. 686 Addition, an addition to the City of Southlake, Texas, as shown on the plat recorded In Cabinet A, Slide 760, I}lat Records, Tarrant County, Texas (PRTCT); THENCE South 89,09`22" west, with the south line of the said called 0.99 -acre tract of land, being common with a north line of said Lot 1, a distance of 294.03 feet to a 1/2 -inch iron rod Found for the southwest corner of the said called 9.99 -acre tract of land, and being on the east right-of-way line of Shady Oaks Drive, a variable width right-of- way; THENCE North 00°40'14" West, with the west line of the said called 0.99 -acre tract of land, being common with the said east right-of-way line, a distance of 148.15 feet to a 1/2 -inch iron rod found for the northwest corner of the said 0,99 -acre tract of land, being common with the southwest corner of a called 1.0 -acre tract of land as described in the deed to James C. Lucas and Parnela Kim Lucas, recorded in Volume 14816, Page 295, Creed Records, Tarrant County, Texas (DRTCT); THENCE North 89"13'24" East, with the north line of the said called 0.99 -acre tract of lana, being common with the south Itne of the said called 1.0 -acre tract of land, a distance of 294.21 Feet to a 5/8 -inch yellow capped iron rod marked "RH R INC" set at the northeast corner of the said 0.99 -acre tract of land, being common with the northernmost northwest corner of said Lot 1, from winch a 1/2 -inch Iron rod found for an interlor corner of Lot 10, Block 1, Sandlin Manor, and addition to the City of Southlake, Texas" as shown on the plat recorded in Cabinet A, Slide 11088, PRTCT, being common with the northeast corner of said Lot 1, hears North 88°43'33" East, a distance of 30,19 feet; THENCE South 00`36'08" East, with the east Line of the said called 0.99 -acre tract of land, being common with a west line of said Lot 1, a distance of 147.80 feet to the POINT OF BEGINNING and containing 43,522 square feet or 0.999 acres of land more or less. Case No. Attachment E ZA17-025 Page 8 EXHIBIT "B" Reserved for approved Concept Plan Case No. Attachment E ZA17-025 Page 9