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Item 7D9 CASE NO: ZA21-0070 SOUTHLA14CE PLANNING & DEVELOPMENT SERVICES STAFF REPORT September 14, 2021 PROJECT: Zoning Change and Concept/Site Plan for Lot 5, Kimball Park EXECUTIVE SUMMARY: Kimball Park JV, LLC is requesting 1s' Reading approval of a Zoning Change and Concept/Site Plan for Kimball Park on property described as Lots 1, 2R, and 3- 6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2102-2116 E. State Hwy. 114, Southlake, Texas. Current Zoning: "S- P-2" Generalized Site Plan District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #4. DETAILS: A one-story approximately 9,176 square foot building currently exists on Lot 5 in Kimball Park, located at 2112 E. State Hwy. 114. The uses that were permitted in the original "S-P-2" regulations for Lot 5, Kimball Park are those uses found in the "C-2" Local Retail Commercial District limited to restaurant, retail, health and well-being businesses and spa. A Zoning Change and Concept/Site Plan (ZA20-0016) to amend the "S-P-2" regulations for Kimball Park to allow a corporate office for a single -tenant use only, occupying the entire building on Lot 5, only with approval of a separate Specific Use Permit was approved by City Council on May 19, 2020. A Specific Use Permit (SUP) (ZA20-0031) to allow a single tenant corporate office (Artful Living Media) with associated events and internal showroom/gallery for displays to occupy the entire building on Lot 5 and allowing the patio space to be used as an extension of the showroom for public/private events was approved by City Council on June 9, 2020, approving the SUP to run concurrently with a 10-year lease with a 5-year extension for the entire building. The purpose of this request is to seek 1st Reading approval of a Zoning Change and Concept/Site Plan for Lot 5, Kimball Park to add all "0-1" Office district uses as permitted uses and to allow the "0-1" Office district uses to utilize the patio space on Lot 5 only. The request is to allow all "0-1" uses on Lot 5 in addition to the originally approved limited "C-2" uses and the previously approved Corporate Office with associated events and internal showroom/gallery for displays use that requires approval of an SUP. The proposed permitted uses on Lots 4 & 5 Kimball Park are below: Permitted Uses: Lots 4 & 5: "C-2" Local Retail Commercial District uses limited to: Case No. ZA21-0070 • Restaurant (Bar is a permitted accessory use) • Coffee Shop/ Restaurant with Drive-Thru Service on Lot 4 only (excludes fast food) • Retail • Health & Well Being businesses (massage therapy, fitness, health related products) • Spa • Corporate Office with associated events and internal showroom/gallery for displays for a single tenant use only occupying the entire building on Lot 5 only and only with approval of a Specific Use Permit. • Corporate Office with associated events and internal showroom/gallery for displays to utilize patio space as extension of showroom for public/private events. • "0-1" Office district uses as permitted uses on Lot 5 only. • "0-1" office district uses allowed to utilize patio space on Lot 5 only. The proposed Development Regulations on Lot 5 Kimball Park are below: Development Regulations: Lot 5 Concept plan proposes the development of a restaurant/ retail building. • Concept plan is intended to show scale of what can fit on the proposed lot in accordance with the Comprehensive Zoning Ordinance. Site data for what is shown in the concept consists of a single story 9,222sf footprint and 54 parking spaces. Also shown is ample space for outdoor dining and plaza space. • Development is conceptually proposed to be a multi -tenant structure with uses relative to restaurant, retail and/or health and well-being. Possible health and well-being uses could consist of massage therapy, fitness, spa and health related products and services. • Ultimate site plan will consist of what fits within the parameters of the Comprehensive Zoning Ordinance but should generally conform to the concept plan. • Majority of parking requirements shall be provided on -site and the remaining will be subject to a combined parking agreement with the other lots within the development. • Total spaces constructed = 52 • There are no changes to the existing building or site plan with the addition of "0-1" office district uses in addition to the currently approved uses on Lot 5. All previous conditions of approval remain in effect. • "0-1" office district and corporate office with associated events and internal showroom/gallery for displays use will park at the existing ratio for Lot 5, Kimball Park, requiring 52 spaces. No other changes to the previously approved "S-P-2" Generalized Site Plan District zoning and Concept/Site Plan for Kimball Park are proposed with this request and all previous conditions of approval remain in effect unless otherwise approved by City Council. Case No. ZA21-0070 ACTION NEEDED: Consider 111 Reading approval of a Zoning Change and Concept/Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2 dated September 3, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-657F Link to Presentation Link to S-P-2 Regulations STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA21-0070 BACKGROUND INFORMATION OWNER/ APPLICANT: Kimball Park JV, LLC PROPERTY SITUATION: This property is generally located north of E. S.H. 114 and west of N. Kimball Ave. LEGAL DESCRIPTION: Lots 1, 2R, and 3-6, Kimball Park LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-2" Generalized Site Plan District PROPOSED ZONING: "S-P-2" Generalized Site Plan District HISTORY: - A Zoning Change from " O-1 " Office District to "C-3" General Commercial District for Lot A, Block A, Briarwood Estates, Phase I was approved in 1991 for Lake Cities Animal Clinic. - A Zoning Change and Concept/Site Plan (ZA12-067) from 1-1" Light Industrial District to "S-P-2" Generalized Site Plan District for Victory Lane was approved by City Council on September 4, 2012. - A Zoning Change and Concept/Site Plan (ZA13-135) from ""S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for Kimball Park was approved by City Council on March 4, 2014. - A Preliminary Plat (ZA13-136) for Kimball Park was approved by City Council on March 4, 2014. - A Final Plat for Kimball Park was approved by the Planning and Zoning Commission on May 8, 2014. - A Zoning Change and Site Plan (ZA15-032) from ""S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for revisions to the Cambria Hotel Site Plan and Elevations was approved June 2, 2015. - A Zoning Change and Site Plan (ZA15-142) from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District for The Offices at Kimball Park to revise the previously approved S-P-2 Zoning and Concept Plan for Kimball Park and to seek approval of a Site Plan for an approximately 116,484 square foot four-story office building and a one - level parking garage was approved March 1, 2016. - A Site Plan (ZA17-002) for Kimball Park Lot 5 Retail/Restaurant, which includes an approximately 9,176 square foot, one-story building on approximately 1.27 acres was approved February 21, 2017. - A Zoning Change and Site Plan (ZA18-0057) from "S-P-2" Generalized Site Plan District and "C-3" General Commercial District to "S-P-2" Generalized Site Plan District for District 114 at Kimball Park (on Lot 2R) was approved on February 19, 2020. - A Zoning Change and Concept/Site Plan (ZA20-0016) to amend the "S- P-2" regulations for Kimball Park to add "corporate office with associated events and internal showroom/gallery for displays" as permitted uses to Lot 5 only was approved by City Council on May 19, 2020. - A Specific Use Permit (SUP) (ZA20-0031) to allow a single tenant corporate office (Artful Living Media) with associated events and internal showroom/gallery for displays to occupy the entire building on lot 5 and allowing the patio space to be used as an extension of the showroom for Case No. Attachment A ZA21-0070 Page 1 public/private events was approved by City Council on June 9, 2020, approving the SUP to run concurrently with a 10-year lease with a 5-year extension for the entire building. - A Zoning Change and Concept/Site Plan (ZA21-0066) from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District to revise the north parking garage elevation to remove the previously approved metal screen and to revise the Site Plan for Lot 2R to add a sidewalk connection to the property addressed as 469 Cherry Ln. was approved on February 23, 2021. SOUTHLAKE 2035 COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is "Mixed Use". Purpose and Definition (Mixed Use): The purpose of the Mixed Use land use category is to provide an option for large-scale, master -planned, mixed use developments that combine land uses such as office facilities, shopping, dining, parks, and residential uses. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher - intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance -free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. TRANSPORTATION ASSESSMENT: Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. TREE PRESERVATION: There are no changes to the previously approved Tree Conservation Plan with this request. No changes to the site are proposed. CITIZEN INPUT: A SPIN meeting was not held for this request. A 2035 Corridor Planning Committee meeting was not held for this request. PLANNING AND ZONING COMMISSION ACTION: September 9, 2021; Approved (7-0) subject to the staff report dated September 3, 2021 and Site Plan Review Summary No. 2, dated September 3, 2021. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated September 3, 2021. Case No. Attachment A ZA21-0070 Page 2 Vicinity Map 2102 - 2116 E. S.H. 114 S41 22 2131 p LR Cal gwo LN soo a� {„ O m -tea M 414 FSF3 0 � I r yea w r ago IE LE2 j faao2120 2150 S 9. 114 ZA21-0070 Lot 5, Kimball Park 330 Gfi0 1 320 �Faat Case No. ZA21-0070 Attachment B Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA21-0070 Review No.: Two Date of Review: 9/3/2021 Project Name: Zoning Change and Concept/Site Plan for Kimball Park, Lot 5, Block 1 APPLICANT: KP JV, LLC OWNER: KP JV, LLC Paul Moss Paul Moss 8821 Davis Blvd., #220 8821 Davis Blvd., #220 Keller, TX 76248 Keller, TX 76248 Phone: 817-723-7860 Phone: 817-723-7860 Email: paul@marinabayhomes.net Email: paul@marinabayhomes.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/20/21 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 Review All previous review comments have been addressed. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(@ci.southIake.tx.us TREE CONSERVATION COMMENTS: No comments based on submitted information. LANDSCAPE COMMENTS: No comments based on submitted information. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy(c�ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. Case No. Attachment C ZA21-0070 Page 1 Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclementsr@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments SPIN Meeting was not held for this project. A separate building permit is required prior to construction of any signs. NOTE: refer to the City's Sign Ordinance 704-J for attached and monument signs. 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 and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. Case No. Attachment C ZA21-0070 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES - w E KIRI(WOOD BLVO W W J 2pi7 2101 2111 2419 242 m 2131 141 V4A 37 2121 O 9` 2001 } o-o u9 w 242 0 -i- REENBOUG Cbd9w0L LN 2417 241 OW o-s M V 17T8 600 G, '7 �r 2426 25 s � 2108 s04 LN 2503 2106 175i1 2104 2112 y 414 1910 ry � Z1A2p m J W )8qp = 1980 o-o- 210 2118 2121) 21 2300 2354 zsQo _ S.H. 194 SPO # Owner Zoning Address Acreage Response 1. PARADIS, THOMAS ­Physical MF1 450 CHERRY LN 0.94 NR 2. PATEL, HARSHADBHAI MF1 425 BRIARWOOD DR 1.03 NR 3. CLTH AND AR ASSOCIATES INC MF1 440 CHERRY LN 0.50 NR 4. CLTH AND AR ASSOCIATES INC MF1 430 CHERRY LN 0.50 NR 5. LR SOUTHLAKE PARTNERS LP SP1 1980 E SH 114 1.53 NR 6. C & L PARTNERSHIP LTD C2 2000 E SH 114 1.04 NR 7. TATE, JOHN T SP2 2120 E SH 114 0.92 NR 8. TEXAS PETRO CORP III SP2 2150 E SH 114 1.16 NR 9. FIRST FINANCIAL TRUST & ASSET MF1 675 CHERRY LN 0.98 NR 10. J & A FRITH PROPERTIES SOUTHLA SP2 584 N KIMBALL AVE 0.47 NR 11. LEE, K WAYNE SP2 566 N KIMBALL AVE 0.66 NR 12. KIMBALL LAKES PROPERTY OWNERS SP2 572 N KIMBALL AVE 0.39 NR 13. EARP, JOSHUA SF1-A 650 CHERRY CT 0.99 NR 14. HARRIS, KIMBERLY SUSAN SF1-A 700 CHERRY CT 0.95 NR 15. HALIM, EMIL A MF1 725 CHERRY CT 0.96 NR Case No. Attachment D ZA21-0070 Page 1 16. CHERRY LANE PARTNERS LP 01 485 CHERRY LN 1.95 NR 17. VAN TIL, JOHN J MF1 625 CHERRY LN 1.01 NR 18 COMPUTER CPR COMMAND CENTER LL 01 469 CHERRY LN 1.00 NR 19. JUNEJA, VIKAS RPUD 2201 COTSWOLD VALLEY CT 0.24 NR 20. KIMBALL ROAD LP 11 500 N KIMBALL AVE 1.60 NR 21. TDC MANAAGEMENT LLC SP2 560 N KIMBALL AVE 0.48 NR 22. HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.80 NR 23. BELF, BRETT AG 501 N KIMBALL AVE 3.40 NR 24. CF 678 TRUST AG 411 N KIMBALL AVE 1.62 NR 25. ST LAURENCE EPISCOPAL CHURCH CS 517 N KIMBALL AVE 6.43 NR 26. BOWEN SL LTD 11 450 N KIMBALL AVE 0.37 NR 27. MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.53 NR 28. BARGER EQUITY GROUP LLC 11 440 N KIMBALL AVE 0.33 NR 29. GREAT GROWTH PROPERTIES LLC SP1 2118 E SH 114 0.75 NR 30. SILVERADO SOUTHLAKE LLC SP1 2001 E KIRKWOOD BLVD 4.41 NR 31. FC SOUTHLAKE LLC SP2 2104 E SH 114 3.64 NR 32. BRANSFORD ROAD LLC MF1 575 CHERRY LN 1.10 NR 33. ONCOR ELECTRIC DELIVERY CO LLC CS 550 N KIMBALL AVE 2.48 NR 34. MDP KIMBALL PARK OFFICE LLC SP2 2108 E SH 114 5.17 NR 35. KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.30 NR 36. MDP SOUTHLAKE LLC SP2 2114 E SH 114 2.97 NR 37. MDP KIMBALL PARK 114 LLC SP2 2102 E SH 114 3.35 NR 38. MDP SOUTHLAKE LLC SP2 2116 E SH 114 0.92 NR Responses: F: In Favor O: Opposed U: Undecided Notices Sent: Thirty-six - (36) Responses Received within 300': None (0) NR: No Response Case No. ZA21-0070 Attachment D Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-657F 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 LOTS 1, 2R, AND 3-6, KIMBALL PARK AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.27 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS 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, Case No. Attachment E ZA21-0070 Page 1 WHEREAS, the hereinafter described property is currently zoned as "S-P-2" Generalized Site Plan 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 interest Case No. Attachment E ZA21-0070 Page 2 clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Case No. Attachment E ZA21-0070 Page 3 Being described Lots 1, 2R, and 3-6, Kimball Park, an addition to the City of Southlake, Tarrant County, Texas, being approximately 17.27 acres, and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District to "S-P-2" Generalized Site Plan District as depicted on the approved Concept and Site Plans attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Reserved for conditions of approval 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 FTiiil4i - 41 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 ZA21-0070 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 but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA21-0070 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to post 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 if 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: CITY SECRETARY Case No. Attachment E ZA21-0070 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA21-0070 Page 7 EXHIBIT "A" Being described as Lots 1, 2R, and 3-6, Kimball Park an addition to the City of Southlake, Tarrant County, Texas, and being approximately 17.27 acres. Case No. Attachment E ZA21-0070 Page 8 101MMI11.11 M 1.1 Reserved for approved Concept/Site Plan Case No. Attachment E ZA21-0070 Page 9