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Item 7ACase No. ZA20-0070 S T A F F R E P O R T February 9, 2021 CASE NO: ZA20-0070 PROJECT: Zoning Change and Concept Plan for 1395 E. Dove Rd. EXECUTIVE SUMMARY: On behalf of Manish Lilani, P Custom Homes is requesting 1st Reading approval of a Zoning Change and Concept Plan for 1395 E. Dove Rd. on property described as Tract 4A3, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, and located at 1395 E. Dove Rd., Southlake, Texas. Current Zoning: “AG” Agricultural District. Requested: Zoning: “SF-30” Single Family Residential District SPIN Neighborhood #3. DETAILS: The purpose of this request is to seek 1st Reading approval of a Zoning Change and Concept Plan to allow construction of a new single-family residence in conformance with the “SF-30” Single Family Residential Zoning District. Variances to allow 10’ side yard setbacks as shown on the Concept Plan and a septic system on a lot less than one acre were approved by the Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA-459. The existing approximately 980 square feet barn on the property is proposed to remain. The 2035 Land Use designation on the property is Low Density Residential, which requires a net density of one or fewer dwelling units per acre. The applicant is requesting to allow the approximately 34,468 square foot (0.79 acre) lot to be rezoned to SF-30 while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. VARIANCE REQUESTED: Driveway Ordinance No. 634 requires a minimum centerline to centerline driveway spacing of 100’ for residential driveways on arterials. A variance is requested to allow the existing spacing to the east and west along E. Dove Rd., which is approximately 85’ to the west and approximately 98’ to the east. On February 4, 2021, the Planning and Zoning Commission recommended approval of the item (6-1) with the following conditions: Case No. ZA20-0070 P&Z Commission Conditions Applicant’s Response Noting the approval of variance #2 for the driveway ordinance and specifically noting disapproval of variance #1 requested related to the sidewalk ordinance. The request for a variance related to the requirement for a sidewalk has been removed and the required 5’ sidewalk has been added to the plan. Noting the applicant’s willingness to work with staff prior to City Council with respect to identifying any future fencing as being set back 10’ as well as any future driveway gates being set back 25’ and any fencing along Dove Rd. being a wrought iron material for any future fencing. A note has been added to the Concept Plan stating that any fencing along E. Dove Rd. will be wrought iron and it will be located a minimum 10’ from the property line and any gates on the driveway will be set back a minimum 25’ from the property line. Noting the applicant’s indication that they are going to use a circular drive and to bring that on the plan to City Council. An internal circular driveway similar to the driveway on the adjacent property to the west at 1363 E. Dove Rd. has been added to the plan. ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 3, dated February 9, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-778 Link to Presentation Link to Plans STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA20-0070 Page 1 BACKGROUND INFORMATION OWNER: Manish Lilani APPLICANT: P Custom Homes PROPERTY SITUATION: 1395 E. Dove Rd. LEGAL DESCRIPTION: Tract 4A3, Francis Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District. REQUESTED ZONING: “SF-30” Single Family Residential District HISTORY: - The property was annexed into the City in 1957. - The “AG” Agricultural District zoning was placed on the property with the adoption of Ordinance No. 161 and the Official Zoning Map in 1969. - The existing home on the property was built in 1960 (Source: TAD). - Variances to allow 10’ side yard setbacks as shown on the Concept Plan and a septic system on a lot less than one acre were approved by the Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA- 459. - An approximately 980 square foot accessory building was constructed toward the rear of the property in 2009 (Source: Building Permit). SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Low Density Residential. The request to change the zoning to “SF-30” Single Family Residential District is not consistent with this land use designation, but the applicant is requesting to allow the rezoning to “SF-30” while retaining the Low Density Residential designation since the existing tract is not being further subdivided. 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: 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 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. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows a future <8’ sidewalk along the south side of E. Dove Rd. and a 5’ sidewalk is required to be constructed at Case No. Attachment A ZA20-0070 Page 2 the time of new home construction on the property. The previous variance request has been removed and the required 5’ sidewalk is shown on the plan. The Pathways Master Plan shows an existing and future ≥8’ multi-use trail along the N. side of E. Dove Rd. Master Thoroughfare Plan The Master Thoroughfare Plan shows E. Dove Rd. as an undivided two- lane arterial with 88’ of right of way to be improved to a four-lane divided arterial with 88’ of right of way when traffic counts warrant. TREE PRESERVATION: There is approximately 35.8% of existing tree cover on the site and a minimum of 60% of the existing canopy is required to be preserved. Approximately 73.7% is proposed to be preserved. UTILITIES: The property is served by a 12” water line in E. Dove Rd. City sewer is not available to the property, so an on-site sewage facility (OSSF) will be used. Variances to allow 10’ side yard setbacks as shown on the Concept Plan and a septic system on a lot less than one acre were approved by the Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA-459. DRAINAGE: Drainage is generally sheet flow from north to south across the property to a drainage ditch along E. Dove Rd. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for this project. PLANNING AND ZONING COMMISSION ACTION: February 4, 2021; Approved (6-1) (Springer) subject to the staff report dated February 4, 2021 and Revised Concept Plan Review Summary No. 2, dated February 4, 2021; • specifically noting the approval of variance #2 for the driveway ordinance and specifically noting disapproval of variance #1 requested related to the sidewalk ordinance, • also noting the applicant’s willingness to work with staff prior to City Council with respect to identifying any future fencing as being set back 10’ as well as any future driveway gates being set back 25’ and any fencing along Dove Rd. being a wrought iron material for any future fencing, • noting the applicant’s indication that they are going to use a circular drive and to bring that on the plan to City Council, finally noting that due to this being a preexisting lot with no future subdivision plans that Planning and Zoning finds that this request is consistent with the land use designation. Commissioner Springer voted against the recommendation for approval due to the 10’ side setbacks shown on the Concept Plan. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated February 9, 2021. Case No. Attachment B ZA20-0070 Page 1 Case No. Attachment C ZA20-0070 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA20-0070 Review No.: Three Date of Review: 02/09/21 Project Name: Concept Plan – 1395 E. Dove Rd. APPLICANT: Warren Packer OWNER: Manish Lilani P Custom Homes 1680 Prince William Lane 1395 E. Dove Rd. Frisco, TX, 75304 Southlake, TX 76092 Phone: (214) 837-2792 Phone: E-mail: warren@pcustomhomes.com E-mail: maneshlilani@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/9/21 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. Planning Comments 1. All new development must comply with the underlying zoning district. 2. An appropriate plat that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the issuance of any building permits. 3. Show and dimension the right of way dedication in accordance with the current Master Thoroughfare Plan. The Master Thoroughfare Plan shows E. Dove Rd. as an arterial with 88’ of right of way. Please show the centerline of E. Dove Rd. and show and label the required 44’ dedication from centerline. Show the dimensions from the centerline to both property corners and also dimension the full width dimension across the right of way from both corners. Per Section 5.02D of Subdivision Ord. No. 483, as amended, for a development directly adjacent to a major state or county thoroughfare, the development shall only be required to dedicate such right of way as reasonably relates to the need created by and the benefit received by that development. You have the option of dedicating 25’ of right of way from the centerline and placing the additional property necessary to equal the 44’ dedication, if any, in a Pedestrian Access, Drainage and Utility Easement. The 40’ front building line is to be dimensioned from the 44’ measured from the centerline in either option. 4. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended. Per Driveway Ordinance No. 634, as amended, Section 5.1, a minimum centerline spacing of 100’ is required between residential driveways on an arterial. The spacing to the existing driveway to the west is approximately 85’ and the spacing to the existing driveway to the east is approximately 98’. A variance is requested. * Sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended Section 5.06 and the Master Pathways Plan are required. The Master Pathways Plan shows a <8’ sidewalk along the south side of E. Dove Rd., so a minimum 5’ wide sidewalk is required to be constructed at the time of new home construction on the property. The previous variance request has been removed and the required 5’ sidewalk is shown on the plan. The exact location of the sidewalk is to be determined. If any portions of the sidewalk are located on private property and not in the right of way, a pedestrian access easement is to be dedicated. Case No. Attachment C ZA20-0070 Page 2 * A note has been added to the plan per the P&Z Commission motion for approval on February 4, 2021 stating that any fencing along E. Dove Rd. will be wrought iron and it will be located a minimum 10’ from the property line and any gates on the driveway will be set back a minimum 25’ from the property line. * For the building permit, provide the type and location of the on-site sewage facilities, including the topography of the site, location of spray fields, all easements, impact on any existing trees, and any additional information required by the authorized agent responsible for on-site sewage facility permitting and inspections. No building permit shall be issued until such plan has been reviewed and approved by the authorized agent nor shall any certificate of occupancy be issued until the system has been properly installed and inspected by the authorized agent. (As amended by Ordinance No. 480-MMM and further amended by Ordinance No. 480-YYY.) * A 10’ Type ‘B’ bufferyard in accordance with Zoning Ord. No. 480, as amended, Section 42 is required along E Dove Rd.. The bufferyard and a bufferyard summary chart are provided on the Concept Plan. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Tree Conservation Comments 1. The Concept Plan/Tree Conservation Plan complies with the Existing Tree Cover Preservation Requirements of Table 2.0 within the Tree Preservation Ordinance 585-E, which requires that a minimum 60% of existing canopy be preserved. Approximately 73.7% of existing tree canopy is shown to be preserved. * 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 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. Case No. Attachment C ZA20-0070 Page 3 * 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. Landscape Comments * A 10’ Type ‘B’ bufferyard in accordance with Zoning Ord. No. 480, as amended, Section 42.4.f is required along E. Dove Rd. The required plantings per 100’ of property line are in the chart below. The bufferyard and a bufferyard summary chart are show on the Concept Plan. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: * This review is preliminary. Additional requirements may be necessary with the review of construction plans. * Any private improvements proposed in city right of way may need an encroachment agreement. * Dedicate right-of-way along E. Dove Rd. in conformance with the Master Thoroughfare Plan. INFORMATIONAL COMMENTS: Case No. Attachment C ZA20-0070 Page 4 * 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. *=Denotes informational comment to be completed on the Civil Construction Drawings. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments based on submitted information. General Informational Comments * Staff strongly recommends contacting Jerod Potts in the Planning and Development Services Department to schedule a SPIN meeting. Jerod can be contacted by phone at (817) 748-8195 or by e-mail at jpotts@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * The Development Review Committee (DRC) has determined this pre-submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above . The applicant should be aware that a formal submittal for the next scheduled Planning and Zoning Commission meeting must be received at the City by 5:00 p.m. on January 19, 2021. A pdf of each plan must be submitted. If not received before the deadline, the item will be moved to a later P&Z agenda. If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. * 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 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. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. Case No. Attachment C ZA20-0070 Page 5 * Denotes Informational Comment Case No. Attachment D ZA20-0070 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. MUZAFFAR, CHAUDHRY SF1-A 1220 E DOVE RD 1.17 NR 2. STIBOREK, B J AG 1407 E DOVE RD 0.97 U 3. CURRENT OWNER SF1-A 1415 E DOVE RD 1.09 NR 4. JOHNSTON, HOLLY SF1-A 1240 E DOVE RD 1.11 NR 5. STONAKER, WM E AG 1481 E DOVE RD 1.07 NR 6. LEHTO FAMILY REVOCABLE TRUST SF1-A 1308 GOLDEN GATE DR 1.00 NR 7. PATEL FAMILY REVOCABLE LIVING SF1-A 1304 GOLDEN GATE DR 1.04 NR 8. HAYES, TIMOTHY FURMAN SF1-A 1208 GOLDEN GATE DR 0.99 NR 9. LILANI, MANISH AG 1395 E DOVE RD 0.98 NR 10. DEL PRADO PROPERTIES SF1-A 1333 E DOVE RD 1.18 NR 11. HENDRICKSON, BRETT SF1-A 1300 GOLDEN GATE DR 1.02 NR 12. KILARU, ANIL SF1-A 1363 E DOVE RD 1.19 F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twelve (12) Responses received: Two (2) Case No. Attachment D ZA20-0070 Page 2 Case No. Attachment D ZA20-0070 Page 3 Case No. Attachment E ZA20-0070 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-778 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 TRACT 4A3, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.79 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 Constit ution and Chapter 9 of the Texas Local Governm ent 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 under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA20-0070 Page 2 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 heari ng 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 u se 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 egre ss 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 we lfare; 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, th at the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably Case No. Attachment E ZA20-0070 Page 3 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 secu re 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 transportat ion, 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 clo se 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 pro mote 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 describ ed areas be altered, changed and amended as shown and described below: Being described as Tract 4A3, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, being approximately 0.79 acres, and more Case No. Attachment E ZA20-0070 Page 4 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: 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 i n 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 faci litate 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 oth er things of the character of the district and Case No. Attachment E ZA20-0070 Page 5 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 sai d 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 tim e 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 affec ted by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA20-0070 Page 6 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 settin g 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 ZA20-0070 Page 7 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. Attachment E ZA20-0070 Page 8 Exhibit ‘A’ Being legally described as Tract 4A3, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, being approximately 0.79 acres and being more particularly described as follows: Reserved for metes and bounds description Case No. Attachment E ZA20-0070 Page 9 Exhibit ‘B’ Reserved for approved Concept Plan