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Item 7A9 CASE NO: ZA21-0053 SOUTHLA14CE PLANNING & DEVELOPMENT SERVICES STAFF REPORT August 31, 2021 PROJECT: Zoning Change and Development Plan for Ferguson Place EXECUTIVE SUMMARY: On behalf of Lonesome Dove Holdings, Inc., Hat Creek Development is requesting 1st Reading approval of a Zoning Change and Development Plan for Ferguson Place on property described as Tracts 1 B4E and 1 B4H, Leonard Lincoln Survey, Abstract No. 981, City of Southlake, Tarrant County, Texas, and located at 2589 and 2593 Lonesome Dove Rd., Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "R-PUD" Residential Planned Unit Development District. SPIN Neighborhood #2. DETAILS The project is generally located on the east side of Lonesome Dove Rd. approximately 2,300' north of the intersection with E. Dove Rd. The purpose of this request is to rezone two tracts from "AG" Agriculture District to "R-PUD" Residential Planned Unit Development District for the creation of two residential lots that would become part of a 30-lot subdivision in the City of Grapevine called "Ferguson Place". The subdivision proposes street connections to S. Gravel Circle and to Lonesome Dove Rd. The entire subdivision would be in the Carroll Independent School District and students would attend Johnson Elementary, Durham Intermediate and Carroll Middle Schools. A comparison of the proposed "R-PUD" regulations to the base "SF-20A" zoning regulations is below: Regulation SF-20-A R-PUD Regulation Min. Lot Area 20,000 s.f. 11,780 s.f. Min. Lot Width 100, 88' Front Yard 35' 35' Side Yard 15' side and 35' front on street side 15' side and street side Rear Yard 40' 35' on cul-de-sac lot 30, Min. Floor Area 1,800 sq. ft. 2,500 sq. ft. Max. Lot Coverage 30% 35% Case No. ZA21-0053 VARIANCE REQUESTED: The applicant is requesting a variance to Zoning Ordinance No. 480, Section 30.11 — Common Open Space, from a minimum of 10%, to no open space. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 3, dated August 9, 2021 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-785 Half Size Plans (for Commission and Council members only) Link to Presentation Link to ADDlicant's Presentation Link to Land Use Narrative Link to R-PUD Reaulations I ink tn Plan.q Link to SPIN Report Link to 2035 Corridor Planning Committee Report STAFF CONTACT: Ken Baker Richard Schell (817) 748-8067 (817) 748-8602 Case No. ZA21-0053 BACKGROUND INFORMATION OWNER: Lonesome Dove Holdings, Inc. APPLICANT: Hat Creek Development PROPERTY SITUATION: 2589 and 2593 Lonesome Dove Rd., generally located on the east side of Lonesome Dove Rd. approximately 2,300' north of the intersection with E. Dove Rd. LEGAL DESCRIPTION: Tracts 1 134E and 1 134H, Leonard Lincoln Survey, Abstract No. 981 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District PROPOSED ZONING: "SF-1A" Single Family Residential District. HISTORY: - The existing home on the property was constructed in 1958 (Source: TAD). - The property was annexed into the City in 1969. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Low Density Residential. Purpose: The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single-family residential development that promotes the openness and rural character of Southlake. Definition (this definition was updated by passage of Ordinance No. 1186 on February 20, 2018): The Low Density Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all rights -of -way, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi - Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan has no recommendations for Lonesome Dove Rd. A 5' minimum sidewalk is required along Lonesome Dove Rd. and the internal street and the 5' sidewalk is shown on the plans. ASSESSMENT: Area Road Network and Conditions The Master Thoroughfare Plan shows Lonesome Dove Rd. to be a local residential street, which requires a minimum 50' right of way. The subdivision proposes street connections to S. Gravel Circle and to Lonesome Dove Rd. Case No. Attachment A ZA21-0053 Pagel TREE PRESERVATION: There is 21.29% of existing tree cover on the site and a minimum of 60% of the existing tree cover would be required to be preserved if the request was to a straight zoning district. There is 61.17% of the existing tree cover proposed to be preserved, and 38.83% proposed to be removed. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: The development proposes to connect to the existing 8" water line in Lonesome Dove Rd. and to an existing 6" water line in S. Gravel Circle. Sewer is proposed to connect to an existing 8" line in S. Gravel Circle. The project requires coordination with the City of Grapevine, City of Southlake, and the developers, including an interlocal agreement. DRAINAGE: Drainage is generally sheet flow from west to east across the property. CITIZEN INPUT: A SPIN meeting for this project was held on May 25, 2021. Link to SPIN Report A 2035 Corridor Planning Committee was held on June 2, 2021. Link to 2035 Corridor Planning Committee Report Case No. ZA21-0053 Attachment A Page 2 PLANNING AND WINING COMMISSION ACTION: August 5, 2021; Approved (5-0) subject to staff report dated July 30, 2021 and Development Plan Review Summary No. 2, dated July 29, 2021 and granting the variance related to common open space and amending the motion to note that the Development Plan will not include any driveways with access directly onto Lonesome Dove. CITY COUNCIL ACTION: August 17, 2021; Tabled at 1 st reading to the September 7, 2021 meeting (6-0). STAFF COMMENTS: Attached is Development Plan Review Summary No. 3, dated August 9, 2021. Case No. Attachment A ZA21-0053 Page 3 Vicinity Map 2589 and 2593 Lonesome Dove Rd. i72d 7 31z 7.3n4 INC 7308 7370 7312 1314 `L75 413 R ^ t7 7do7 ,, N 2 W 315 14tt 3 �y �O' 316 407 L V105 403 T i tia'�a t 5i w 316 a� L h LCIR 1217 $ LLI O F 78 o ct 0 2384 1207 1230 7�� N_ 24-3 v 2377 g 1240 1400 1450 135q E ER D CIR 1496 ! 1401 i451 11*1 ZA21-0053 Zoning Change and Development Plan for Ferguson Place 0 33ii r 63 0 1320 Feet Case No. ZA21-0053 Attachment B Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA21-0053 Review No.: Three Project Name: Development Plan — Ferguson Place APPLICANT: Kosse Maykus Hat Creek Development P.O. Box 92747 Southlake, TX 76092 Phone: (817) 991-8182 E-mail: kosse@maykus.com Date of Review: 08/09/21 OWNER: Mike Ferguson Lonesome Dove Holdings, Inc. 62 Main St. Ste. 310 Colleyville, TX 76034 Phone: (817) 485-1117 E-mail: mike@fnalegal.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/29/21 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. An appropriate plat(s) that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the conveyance of any portion of the property. 2. Place the City case number "ZA21-0053" in the lower right corner of the civil plans for ease of reference. The 2035 Land Use Plan designation is Low Density Residential, which requires a net density of one or fewer units per acre. A letter providing a justification of the proposed lots as shown has been submitted. A 5' sidewalk is required along Lonesome Dove Rd. and the internal street and the 5' sidewalk is shown on the plans. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 21.29% of existing tree cover on the site and a minimum of 60% of the existing tree cover is required to be preserved. There is 61.17% of the existing tree cover proposed to be preserved, and 38.83% proposed to be removed. 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. Case No. Attachment C ZA21-0053 Page 1 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. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. 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 ZA21-0053 Page 2 Public Works/Engineering Review Kevin Taylor, P.E. Civil Engineer Phone: (817) 748-8101 E-mail: ktaylor _ci.southlake.tx.us GENERAL COMMENTS: The project requires coordination with the City of Grapevine, City of Southlake, and the developers, including an interlocal agreement. This will ensure all parties will be informed of concerns, roles, and responsibilities. Proposed concept improvements are not approved and may require additional modification depending on discussion with City of Grapevine. Further discussion among all parties will be necessary. Reemphasizing for this coordination to occur. GRADING PLAN COMMENTS: • Provide a grading plan (to be provided when preliminary plans are submitted). Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclementslcr)ci.south lake.tx.us FIRE LANE COMMENTS: Cul-de-Sacs must have 30 ft. inside turn radius and 50-foot radius (100-foot diameter) for approved turnaround. (Plans do not indicate approved dimensions) FIRE HYDRANT COMMENTS: Hydrants required at maximum spacing for R-3 Occupancies is 400 feet for subdivisions with un- sprinkled homes. (Add and/or relocate hydrants as necessary to meet the requirements) Case No. Attachment C ZA21-0053 Page 3 General Informational Comments A SPIN meeting was held on July 27, 2021. A 2035 Corridor Planning Committee was held on June 2, 2021. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. Denotes Informational Comment Case No. Attachment C ZA21-0053 Page 4 SURROUNDING PROPERTY OWNERS MAP & RESPONSES 1311 j F 'ems �a aow 6p2 T a ma's Lu Lu N �a2 Sip 2 0 6 LA O w o p CDO 612 p 'o j�p� SO2 �pk OJ 1225 0 N w 2384 1200 1230 1260 0 2413 N LLI A w N N Q 0 co 2370 LLI N 0 OV SPO # Owner Zoning Physical Address Acreage Response 1. CURRENT OWNER RPUD 1309 MCCRAE TRL 0.46 NR 2. KNIGHT, RICHARD RPUD 2508 OGOLLALA CT 0.38 NR 3. HORDIES, MICHAEL RPUD 2506 OGOLLALA CT 0.33 NR 4. WITT TIMOTHY A & MELISSA A LIV RPUD 2500 OGOLLALA CT 0.34 NR 5. LONESOME DOVE HOLDINGS INC AG 2593 LONESOME DOVE AVE 0.56 nr 6. LONESOME DOVE HOLDINGS INC AG 2589 LONESOME DOVE AVE 0.46 NR 7. LONESOME DOVE BAPTIST CHURCH CS 2380 LONESOME DOVE AVE 6.71 NR 8. JACKSON, THOMAS L RPUD 2502 OGOLLALA CT 0.40 NR 9. LEATHERWOOD, JAMES RPUD 2504 OGOLLALA CT 0.47 NR 10. LONESOME DOVE BAPTIST CHURCH CS 2384 LONESOME DOVE AVE 3.88 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received: Eight (8) None (0) NR: No Response Case No. Attachment D ZA21-0053 Page 1 ORDINANCE NO. 480-785 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 TRACTS 1 B4E AND 1 B4H, LEONARD LINCOLN SURVEY, ABSTRACT NO. 981, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.03 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA21-0053 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest 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 Case No. Attachment E ZA21-0053 Page 2 existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tracts 1 B4E and 1 B4H, Leonard Lincoln Survey, Abstract No. 981, City of Southlake, Tarrant County, Texas, being approximately 1.03 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "R-PUD" Residential Planned Unit Development District as Case No. Attachment E ZA21-0053 Page 3 depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings Case No. Attachment E ZA21-0053 Page 4 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 but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA21-0053 Page 5 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 , 2021. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2021. MAYOR ATTEST: Case No. Attachment E ZA21-0053 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA21-0053 Page 7 Exhibit `A' Being legally described as Tracts 1 B4E and 1 B4H, Leonard Lincoln Survey, Abstract No. 981, City of Southlake, Tarrant County, Texas, being approximately 1.03 acres, and being more particularly described as follows: Reserved for metes and bounds description Case No. Attachment E ZA21-0053 Page 8 Exhibit `B' Reserved for approved Development Plan Case No. Attachment E ZA21-0053 Page 9