Loading...
Item 4HCase No. ZA18-0022 S T A F F R E P O R T August 14, 2018 CASE NO: ZA18-0022 PROJECT: Zoning Change and Concept Plan fo r 1833 Our Lane EXECUTIVE SUMMARY: Heath Peyton is requesting a 1st Reading approval of a Zoning Change and Concept Plan on property described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas and located at 1833, 1847 and 1851 Our Lane, Southlake, TX. The current zoning is “AG” Agriculture District. The requested zoning is “SF-1A” Single Family Residential District. SPIN Neighborhood #5. REQUEST: The subject property is located on Our Lane approximately 525 feet north of the intersection of Our Lane and Randol Mill Avenue. The applicant is requesting approval of a Zoning Change and Concept Plan from “AG Agricultural District to “SF- 1A” Single Family Residential District to allow construction of an approximately 11,400 sq. ft. new home on the property. A plat showing for the property is planned under planning case ZA18-0021. The applicant is proposing the driveway entrance from Our Lane as a turnaround for fire and other emergency equipment. City sewer is not available to the property, so the property is intended to be served by a private septic system that will require approval by the Tarrant County Health Department. There is an existing 8-inch water line from Randol Mill Avenue to the end of Our Lane that serves properties along Our Lane. A fire hydrant is located approximately 180 feet south of the properties on Our Lane. VARIANCE REQUESTED: A variance to the Subdivision Ordinance No. 483, Section 8.01(A), which requires that all residential lots front on a public street, is requested. Our Lane is currently a private access easement and doesn’t meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding residential streets. The applicant is requesting a variance to allow the lot to front on Our Lane as it currently exists and has submitted a letter agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows: a. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. Department of Planning & Development Services Case No. ZA18-0022 Site Data Summary Existing Zoning “AG” Proposed Zoning “SF-1A” Land Use Designation Low Density Residential Gross/Net Acreage 1.66 acres Dwelling Units/Residential Lots 1 Gross Density 0.6 du/acre Net Density 0.6 du/acre ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated August 3, 2018 (D) Surrounding Property Owners Map and Responses (E) Surrounding Property Owners Responses (F) Ordinance No. 480-749 Full Size Plans (for Commission and Council members only )  PowerPoint Presentation  Variance Request and Maintenance Acknowledgment  Comprehensive Plan Review  Plans: Page 1 Concept Plan Page 2 Tree Conservation Plan STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. Attachment A ZA18-0022 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Heath and Christine Peyton PROPERTY SITUATION: 1833 (1851 and 1847) Our Lane LEGAL DESCRIPTION: Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural Zoning District REQUESTED ZONING: “SF-1A” Single-Family Residential District HISTORY: The property was annexed into the City in 1987 and given the “AG” Agricultural zoning designation. February 17, 2004; City Council approved a zoning change and concept plan for the property at 1730 Randol Mill Avenue from “AG” Agricultural District to “SF-20A” Single-Family Residential District. (ZA13-083) August 1, 2006; City Council approved a zoning change and concept plan for the properties to the west of the subject property located at 1801 and 1829 Our Lane from “AG” Agricultural District to “SF-1A” Single-Family Residential District was approved. (ZA06-049) A plat showing for Lots 5 & 6, W. Martin No.1068 Addition for the properties, 1801, 1815, & 1829 Our Lane, to the west was approved March 19, 2008 and filed April 30, 2008. (ZA08-008) November 2, 2010; City Council approved a zoning change and concept plan for the property at 1742 Our Lane from “AG” Agricultural District to “SF-1A” Single-Family Residential District. (ZA10-053) A plat showing for Lot 7, W. Martin No. 1068 Addition for the property at 1742 Our Lane was approved March 2, 2011 and filed April 7, 2011. September 11, 2013, the applicant requested to withdraw the plat showing for the properties located at 1833, 1847 and 1851 Our L ane. (ZA13-044) September 17, 2013; City Council approved, on consent, a withdrawal request for a zoning change and concept request from “AG Agricultural District to “SF-1A” Single Family Residential District for the properties located at 1833, 1847 and 1851 Our Lane. (ZA13-043) May 20, 2014; City Council approved a zoning change and concept plan for the property at 1715 Our Lane from “AG” Agricultural District to “SF -1A” Single-Family Residential District. (ZA14-033) A plat showing for Lot 8, W. Martin No. 1068 Addition for the p roperty at 1715 Our Lane was approved June 13, 2014 and filed March 20, 2015. Case No. Attachment A ZA18-0022 Page 1 SOUTHLAKE 2035 PLAN: PATHWAYS MASTER PLAN: WATER & SEWER: DRAINAGE COMMENTS: TREE PRESERVATION: CITIZEN INPUT: PLANNING AND ZONING COMMISSION: STAFF COMMENTS: The underlying land use designation is Low Density Residential. The request to change the zoning to “SF -1A” Single Family Residential District is consistent with this land use designation. There is no pathway designation on the Pathway Plan for this property. The property does not front on a street. A variance is requested to the Subdivision Ordinance No. 483 requirement that all residential lots must front on a public street. This site is currently serviced by an existing 8” water line along Our Lane. City sewer is not available therefore the property will be served by a private septic system. Drainage is from east to west on the eastern portion of the lot and from south to north on the western portion of the lot where the new home is proposed. A grading plan will be required prior to issuance of a building permit. The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 82.2% of existing tree cover on the site and a minimum of 30% of the tree cover is required to be preserved. The applicant is proposing to preserve 45% of the existing tree cover. A SPIN meeting was not held for this property. August 9, 2018; Approved (6-0) subject to the Staff Report dated August 3, 2018; approving the variance requested therein; and expressly noting the applicant’s agreement to conditions that have been placed on other lots have been approved on Our Lane, including subsection A of that variance; and also subject to the Concept Plan Review Summary No. 2 dated August 3, 2018. The Concept Plan Review Summary No. 2, dated August 3, 2018 is located in Attachment ‘C’. Case No. Attachment B ZA18-0022 Page 1 Case No. Attachment C ZA13-043 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA18-0022 Review No.: Two Date of Review:3/3/2018 Project Name: Concept Plan for 1833 Our Lane APPLICANT: Heath Peyton OWNER: Heath and Christine Peyton 810 Pearl Drive 810 Pearl Drive Southlake, TX 76092 Southlake, TX 76092 Phone: 678-575-1335 Phone: 678-368-2101 Email: mr.hizzle@hotmail.com Email: peyoncm@outlook.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/23/2018 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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 2. A variance is requested to allow the lot to not front on a public street. Variance Requested 3. The applicant has submitted a letter agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows: a. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. 4. City sewer is not available on this property therefore t he property will be served by a private septic system. The applicant will need to contact the Tarrant County Health Department to coordinate the installation and approval of the septic system. __________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 82.2% of existing tree cover on the site and a minimum of 30% of the tree cover is required to be preserved. The applicant is proposing to preserve 45% of the existing tree cover. Case No. Attachment C ZA13-043 Page 2 * 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 ex isting 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 preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 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 b e 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. __________________________________________________________________________________ Public Works/Engineering Review Steve Anderson, P.E., CFM Deputy Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Submit grading and drainage plans 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. EASEMENTS: Detention ponds shall be dedicated by plat as drainage easements. Case No. Attachment C ZA13-043 Page 3 DRAINAGE COMMENTS: 1. Submit preliminary drainage plan with drainage arrows and preliminary calculations. 2. Differences between pre - and post- development runoff shall be captured in detention pond. Proposed detention ponds shal l control the discharge of the 1, 5 and 100 - year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. 3. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. * Discharge of post development runoff must have no adverse impact on 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.cityofsouthlake.com/PublicWork s/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. * 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 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 GENERAL COMMENTS: An automatic fire sprinkler system shall be installed in all residential structures that exceed 6,000 Case No. Attachment C ZA13-043 Page 4 square feet, excluding porches and patios. (Square footage not indicated for residence or remote garage) A complete set of plans for the fire sprinkler system shall be submitted to Reed Fire Protection, Green Tag Engineering or Coker Engineering for r eview and approval. These plans shall be submitted by a state licensed contractor. The sprinkler system must be visually inspected by the Fire Marshal’s Office prior to sheet rock being applied. Also, the builder must call for a fire alarm test and final inspection to obtain a Certificate of Occupancy. All fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of all structures on the property if the square footage requirement does not require them to be sprinkled with an automatic fire sprinkler system, or access provided within 250 feet of all exterior portions of the perimeter of all structures if they are protected with an automatic fire sprinkler system. Fire apparatus access needs to be an all -weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 85,000 pounds GVW) A vertical clearance of 14 feet must also be provided. The existing dimensions on the plans do not meet the turnaround requirement di mensions. See attached drawing below for options for the turnaround. Case No. Attachment C ZA13-043 Page 5 __________________________________________________________________________________ Case No. Attachment C ZA13-043 Page 6 General Informational Comments * All mechanical equipment must be screened of view from 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. * All development must comply with the Drainage Ordinance No. 605 and the Erosion an d 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 proces sed 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 ZA13-043 Page 1 Surrounding Property Owners 1833 Our Lane SPO # Owner Zoning Address Acreage Response 1. MEHTA, VIVEK SF1-A 1850 RANDOL MILL AVE 2.50 NR 2. MORENO, HEATHER SF1-A 1860 RANDOL MILL AVE 2.49 F 3. NDUKWE, VINCENT SF1-A 1870 RANDOL MILL AVE 2.06 NR 4. SEALS, JAMES AG 1812 RANDOL MILL AVE 1.00 NC 5. JOHNSON, SCOTT A AG 1851 OUR LN 0.60 NR 6. JOHNSON, SCOTT A AG 1847 OUR LN 0.54 NR 7. QUINN, ANDREW PRESTON AG 1810 RANDOL MILL AVE 0.91 NR 8. BURGER, GENE AG 1828 OUR LN 0.08 NR 9. SHATLEY, JOSH AG 1734 OUR LN 0.61 NR 10. BREISCH, BRUCE C AG 1728 OUR LN 0.11 NR 11. BREISCH, BRUCE C AG 1728 OUR LN 0.22 NR 12. GALLANT, LARRY J SF1-A 1742 OUR LN 0.95 NR 13. SHATLEY, BETSY AG 1846 OUR LN 0.55 NR 14. BURGESS, DERRELL AG 1790 RANDOL MILL AVE 0.85 NR 15. SHATLEY, BETSY AG 1846 OUR LN 0.48 NR 16. YAMOUT, IMAD SF1-A 1715 OUR LN 1.26 F 17. JOHNSON, SCOTT A AG 1833 OUR LN 0.57 NR 18. BYLER, JOHN SF1-A 1829 OUR LN 1.46 NR 19. GALLANT, LARRY J SF30 1814 OUR LN 0.79 NR 20. SHATLEY, BETSY AG 1846 OUR LN 0.47 NR 21. Superintendent of Carroll ISD NR 22. Superintendent of Grapevine Colleyville ISD NR 23. Superintendent of Northwest Case No. Attachment D ZA13-043 Page 2 ISD 24. Superintendent of Keller ISD Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Responses Received:In Favor: 2 Opposed: 0 Undecided: 0 No Comment 1 No Response: 15 Notices Sent: Eighteen (18) Responses Received within 200’: Responses Received Outs ide 200’: Case No. Attachment E ZA18-0022 Page 1 Surrounding Property Owners Responses Case No. Attachment E ZA18-0022 Page 2 Case No. Attachment E ZA18-0022 Page 3 Case No. Attachment F ZA18-0022 Page 1 ORDINANCE NO. 480-749 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 2C11, 2C12 AND 2C13, W. MARTIN SURVEY, ABSTRACT NO. 1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.663 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” 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 District Case No. Attachment F ZA18-0022 Page 2 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 calle d 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 unrea sonably invade the rights of Case No. Attachment F ZA18-0022 Page 3 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 classifie d 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 Tracts 2C11, 2C12 and 2C13, W. Ma rtin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 1.663 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Single Family Residential District as depicted on t he approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the Case No. Attachment F ZA18-0022 Page 4 following conditions: Council Motion: 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 wi th 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 commun ity. SECTION 5. Case No. Attachment F ZA18-0022 Page 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 he rein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment F ZA18-0022 Page 6 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 _________, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ___ day of _________, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA18-0022 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA18-0022 Page 7 EXHIBIT “A” Being described as Tracts 2C11, 2C12, and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas Reserved for metes and bounds description Case No. Attachment F ZA18-0022 Page 0 EXHIBIT “B” Reserved for approved concept plan