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Item 7A - Staff ReportCase No. ZA23-044 STAFF REPORT August 8, 2023 CASE NO: ZA23-0044 PROJECT: Zoning Change and Site Plan for Feedstore BBQ EXECUTIVE SUMMARY: Curtis Young, on behalf of William and Frances Lafavers, is requesting approval of a zoning change and site plan for Feedstore BBQ and More on property being described as Tracts 3E, 4D and a portion of Tract 1F, Hiram Granberry Survey, Abstract No. 581, City of Southlake, Tarrant County, Texas, located at 520 - 580 South White Chapel Boulevard, Southlake, Texas. Current Zoning: “SF-30” Single Family Residential District and "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN Neighborhood # 10. REQUEST: The request is for approval of a zoning change and site plan from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District. The requested zoning change and site plan for the Feedstore BBQ and More is to bring the entire site into conformance with existing uses. The applicant is requesting to expand the zoning boundary to the north to include 520 S. White Chapel Blvd. for a caretaker’s quarters, storage, and employee parking. The applicant also proposes new shade structures over existing picnic tables along the western boundary of the restaurant site. The following variances have been requested and are identical variances as approved in the previous approval ZA13-137: • Driveway Ordinance No. 634 – Minimum Centerline Driveway Spacing along Roadway – Arterial Commercial = a minimum of 250 feet. o The site has existing driveway conditions. There are two points of ingress/egress which are approximately 180 feet centerline to centerline. • Driveway Ordinance No. 634 – Minimum Storage Length (stacking) – a minimum of 50 feet is required. o The existing site and parking configuration does not provide any storage. At the August 3, 2023 meeting, the Planning and Zoning Commission recommended approval (5-0) with the variances as presented. ACTION NEEDED: 1) Consider 1st Reading Approval Department of Planning & Development Services Case No. ZA23-044 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan Review Summary No. 2, dated July 28, 2023 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-435b Narrative S-P-1 Regulations Plans Corridor Planning Committee Report Powerpoint STAFF CONTACT: Dennis Killough (817) 748-8072 Jennifer Crosby (817) 748-8195 Case No. Attachment A ZA23-044 Page 1 BACKGROUND INFORMATION OWNER: William Lafavers APPLICANT: Sage Group PROPERTY SITUATION: 520, 530 & 580 S. White Chapel Boulevard LEGAL DESCRIPTION: Tract 4E, 4D and a portion of Tract 1F, Hiram Granberry Survey, Abstract No. 581. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-30” Single Family Residential District, “S-P-1” Detailed Site Plan District REQUESTED ZONING: “S-P-1” Detailed Site Plan District HISTORY: According to the Tarrant Appraisal District records, this property has been operated for commercial purposes since 1950. The business was originally opened and operated as a grocery store and gasoline station by Earl W. Bailey. The property was annexed into the city by Ordinance No. 47, December 29, 1956. It is presumed, based upon available information, that the property was placed within the Agricultural (AG) zoning district with the adoption of the city’s first zoning ordinance (Ord. 161, adopted January 7, 1969). The grocery store and gas station continued to operate as non-conforming uses as provided for in Section V of Ord.161. William and Reba Miller purchased the property in March of 1972 and continued to operate the grocery store and gasoline station. The property was sold to Dee Curry in August 1983 and began operating as Dee’s Hitchin’ Post. Feed and tack sales were added to the existing grocery and gasoline sales. A change of zoning request from “AG” Agricultural to “L” Light Commercial was approved by the City Council as Ordinance No. 261-67 on April 3, 1984, under the provisions of the city’s zoning ordinance 261 (Ord. 261 was adopted on March 3, 1981, superseding Ord. 161). It appears that the change of zoning request was made in order to add approximately 330 square feet to the south end of the building. The “L” district specifically permitted grocery stores, gasoline service stations, hardware stores and feed and seed stores (retail only). The property was bought by Roger and Charlotte Lemieux in March of 1986 and began operating as Southlake Feed and Tack. Concurrent with the name change of the business, it is believed that the primary use of the property became feed and tack retail sales. A certificate of occupancy was issued to the new owners on March 12, 1986. Case No. Attachment A ZA23-044 Page 2 On September 19, 1986, Zoning Ord. 261 was superseded by Zoning Ord. 334. Although an official zoning map corresponding to the newly adopted ordinance and zoning districts cannot be found at this time, it is presumed that “R1” Retail One zoning was placed upon the property with the adoption of the official zoning map given that this district closely corresponds with the former “L” Light Commercial zoning of the property. Under Ord. 334, feed and tack stores are not specifically listed in any district. However, the “R1” district contains general merchandise uses that include hardware stores, department, discount and variety stores. On September 20, 1989, Zoning Ord. 334 was superseded by Zoning Ord. 480, which is the current Southlake zoning ordinance. With the adoption of Ord. 480 and the corresponding zoning district map, “C-1” Local Retail Commercial zoning was placed upon the property. The feed and tack retail sales use became non-conforming under the “C-1” zoning district. Section 6 of Ord. 480 allows for the continuance of such legally established non- conforming uses until such time as the use is discontinued. The subject property was sold to William Lafavers in September of 1997. The store continued to operate as Southlake Feed and Tack until October of 2000. A permit was issued in October of 2000 to allow repair and remodeling for a restaurant having approximately 1,900 square feet. A certificate of occupancy was issued in April of 2001 and the establishment was renamed Feedstore BBQ Restaurant. The conversion to a restaurant eliminated the non-conforming use status due to restaurants being a permitted use within the “C-1” district (limited to 2,000 sq. ft. of floor area). In October, 2001, the pre-existing covered outdoor porch at the rear of the building was fully enclosed to provide additional climate controlled restaurant seating area. The completion of the enclosure amounted to the installation of Plexiglas windows between the pre-existing porch half- wall/railing and the roof. In April of 2002, a building permit for a BBQ smoker was issued and approved, and between June and August of 2003, permits for A/C units and a walk-in cooler were issued and approved. A specific use permit for sale of alcoholic beverages was approved by the City Council by Resolution No. 03-35 on May 20, 2003 with a ten (10) year time limit. As supporting information, a site exhibit showing the existing on- site improvements was submitted to satisfy the concept plan requirement of section 45.2, Ord. 480. (ZA03-019) May 4, 2004; City Council approved a zoning change (from C-1 Neighborhood Commercial District to S-P-1 Detailed Site Plan District) and site plan in order to bring the existing restaurant and its area under use into compliance with current zoning regulations. (ZA03-099) April 5, 2005; City Council approved a revised site plan allowing the addition of a 3.5 by 3.5 feet water heater enclosure at the southwest corner of the building; granting the requested variance to allow 100 percent cement board on the enclosure areas to match the existing building material and eliminating the proposed outside seating area. (ZA05-008) Case No. Attachment A ZA23-044 Page 3 April 15, 2014; City Council approved a revised site plan allowing the addition of approximately 1,000 square feet in floor area to the restaurant and 22 additional parking spaces. The restaurant currently stands at just under 4,900 square feet and has 66 parking spaces. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan designates South White Chapel Boulevard as an 88’ 2-lane undivided Arterial. Existing Area Road Network and Conditions The subject property is currently unplatted. There are two existing access drives to the property to the north which are also owned by Mr. Lafavers. S. White Chapel Blvd (57) (between Continental & FM 1709) 24hr North Bound (4,934) South Bound (5,150) AM Peak AM (660) 7:30 –8:30AM Peak AM (292) 7:30 – 8:30AM PM Peak PM (422) 6:00 – 7:00 PM Peak PM (529) 5:15 – 6:15PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact Use Area Vtpd * AM- IN AM- OUT PM- IN PM- OUT High-turnover sit-down restaurant (932) 4,883 623 29 27 33 21 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition PATHWAYS MASTER PLAN: The Pathways Master Plan and Sidewalk Plan indicate a future six (6) foot sidewalk along both the east and west sides of South White Chapel Blvd. The applicant has included a regulation in the S-P-1 zoning document stating that due to existing conditions, the sidewalk construction will not be provided. WATER & SEWER: A 12-inch water line is currently in place along the east side of South White Chapel Blvd. serving the property. Sanitary sewer connection is currently in place with an existing 8-inch line at the northwest corner of the property. TREE PRESERVATION: Existing landscaping is to remain. Case No. Attachment A ZA23-044 Page 4 SOUTHLAKE COMPREHENSIVE PLAN: The Land Use Designation is Low Density Residential. The proposed zoning change and site plan is not changing the rural character of the property or the restaurant use that has existed since October 2000. This property has been operated for commercial purposes since 1950. CITIZEN INPUT: This item has not been heard by SPIN. This item was heard by the Corridor Planning Committee on March 29, 2023. PLANNING & ZONING COMMISSION ACTION: August 3, 2023; Approved (5-0) with the variances as presented, subject to Staff Report dated July 28, 2023, and Site Plan Review Summary No. 2, dated July 28, 2023. STAFF COMMENTS: Site Plan Review Summary No. 2, dated July 28, 2023 is attached. Case No. Attachment B ZA23-044 Page 1 Case No. Attachment C ZA23-044 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA23-0044 Review No.: Two Date of Review: 07/28/23 Project Name: Site Plan – Feedstore BBQ APPLICANT: OWNER: Curtis Young, Sage Group, Inc. Mike Lafavers; William E. & Frances P. Lafavers 1130 N. Carroll #200 530 S. White Chapel Blvd. Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 424-2626 Phone: (817) 312-9378 Email: cyoung@sage-dfw.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/20/23 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 JENNY CROSBY AT (817) 748-8195. 1. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). Variances for Minimum Centerline Driveway Spacing along Roadway and Minimum Storage Length have been requested. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: * No existing trees are proposed to be altered. LANDSCAPE COMMENTS: 1. Any request for changes in zoning to any district other than agriculture or single-family residential districts shall require that all required bufferyards, associated landscaping and irrigation be installed. Please provide the required bufferyards, landscaping, and irrigation. * The structures on the property are existing and the change in zoning does not require that any new interior landscape area and plant material be provided. * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA23-044 Page 1 Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments. Building Services Review Susie Hernandez Deputy Building Official Phone (817) 748-8238 Email: shernandez@ci.southlake.tx.us Each structure requires a separate permit, engineered foundation and framing plan. Arch must sign/seal plans for construction when submitting for building permits General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any 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. * House Bill 2439 of the 86th Texas Legislature pre-empts the enforcement of Section 43.13 of Ordinance 480, as amended, pertaining to masonry requirements. * Denotes Informational Comment Case No. Attachment D ZA23-044 SURROUNDING PROPERTY OWNERS Owner Zoning Address Acreage Response 1 SALOUM, DANIA SF1-A 500 S WHITE CHAPEL BLVD 1.60 NR 2 TYAGI, PRANAV SF20A 313 EDINBURGH CT 0.17 NR 3 HENRY, SHAWN SF1-A 533 S WHITE CHAPEL BLVD 0.59 NR 4 FAMBRO, KENNETH W SF20A 317 EDINBURGH CT 0.60 NR 5 KOH, ANDREW Y SF20A 321 EDINBURGH CT 0.47 NR 6 KUELBS, JOHN A SF1-A 555 S WHITE CHAPEL BLVD 1.01 NR 7 LAFAVERS, WILLIAM E AG 580 S WHITE CHAPEL BLVD 2.68 NR 8 KUELBS, JOHN A RE5 611 S WHITE CHAPEL BLVD 0.60 NR 9 KANUKOLANU, UDAI SF1-A 475 S WHITE CHAPEL BLVD 2.58 NR 10 MKRE PROPERTIES LLC SF1-A 440 S WHITE CHAPEL BLVD 2.00 NR 11 LAFAVERS, WILLIAM E AG 620 S WHITE CHAPEL BLVD 1.45 NR 12 THREE CABALLEROS LIVING TRUST SF20A 309 EDINBURGH CT 0.47 NR 13 STRATFORD GARDENS HOA INC SF20A 300 EDINBURGH CT 1.01 NR 14 CRUMP, CHRISTOPHER SF20A 325 EDINBURGH CT 0.48 NR 15 LAFAVERS, WILLIAM E AG 640 S WHITE CHAPEL BLVD 5.39 NR 16 TAGGART, CHARLES SF1-A 700 S WHITE CHAPEL BLVD 7.10 NR 1000 LAFAVERS, WILLIAM E SP1 530 S WHITE CHAPEL BLVD 0.18 U 1001 LAFAVERS, WILLIAM E SF30 520 S WHITE CHAPEL BLVD 0.73 U 1002 LAFAVERS, WILLIAM E SP1 580 S WHITE CHAPEL BLVD 1.05 U Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment D ZA23-044 Notices Sent: Seventeen (17) Responses Received: None Case No. Attachment E ZA23-044 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-435a AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 4D AND A PORTION OF TRACT 1F, HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.42 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE 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 “S-P-1” Detailed 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 Case No. Attachment E ZA23-044 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 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 Case No. Attachment E ZA23-044 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 Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, being approximately 1.42 acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: • Site Plan Review Summary No. 3, dated March 12, 2014. (Staff report ZA13-137) • The applicant’s understanding of the prohibited uses on adjacent property to the immediate north as discussed tonight. o Only parking and storage that is incidental to the residential use is allowed. Any storage or parking related to the commercial business is prohibited on the residential lot. • Noting the approval is for an expansion for up to 4,883 square feet plus the patio as shown on the submitted site plan. (see Exhibit ‘B’) • Noting that no outdoor live or amplified music with exception to the existing sound system as permitted by existing ordinances is allowed on the outdoor patio. • Noting the applicant is addressing the Council’s concern regarding the rocks located along White Chapel Blvd. and is removing the shrubbery existing on the southeast corner of the building. • Noting the revised elevations as presented to Council this evening. (see Exhibit ‘B’) • Granting the variances to the Masonry Ordinance No. 557-A and Driveway Ordinance No. 634 as requested. o Masonry Ordinance No. 557-A, Section 1. Exterior Masonry Construction Requirements – a. Buildings requiring masonry on all sides: All buildings constructed on property zoned O-1, O-2, C-1, C-2, C-3, C-4, B-1, B-2 or CS under the City’s Comprehensive Zoning Ordinance and all buildings within any residential zoning district which are used for community facility uses shall have all exterior walls constructed using a masonry material covering at least eighty percent (80%) of said walls, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk Case No. Attachment E ZA23-044 and walk-way covers. ▪ The current and proposed zoning for this property is S-P-1 Detailed Site Plan District with a base zoning of C-1 Neighborhood Commercial District uses. The existing building does not meet the masonry standard. The addition proposed to the building will match existing colors and material, which is 100% hardi board. o Driveway Ordinance No. 634 – Minimum Centerline Driveway Spacing along Roadway – Arterial Commercial = a minimum of 250 feet. ▪ The site has existing driveway conditions. There are two points of ingress/egress which are approximately 180 feet centerline to centerline. o Driveway Ordinance No. 634 – Minimum Storage Length (stacking) – a minimum of 50 feet is required. ▪ The existing site and parking configuration does not provide any storage. 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 and encouraging the most appropriate use of land throughout the community. Case No. Attachment E ZA23-044 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. 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. Case No. Attachment E ZA23-044 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 __________________. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____________________. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA23-044 EXHIBIT “A” Being Tract 4D and a portion of Tract 1F, situated in the H. Granberry Survey, Abstract No. 581, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2” iron found at the northwest corner of the herein described tract, said point being the most northerly northeast corner of Lot 5, H. Granberry No. 581 Addition, as shown on a plat recorded in Cabinet A, Slide 1976, Plat Records, Tarrant County, Texas, (PRTCT), said point also being in the south line of Lake Crest A ddition to the City of Southlake as shown on a plat recorded in Cabinet A, Slide 1541, PRTCT; THENCE S. 89°-22’-39” E. 774.06 feet to the Point of Beginning; THENCE S. 89°-22’-39” E. 135.26 feet; THENCE N. 86°-42’-39” E. 176.83 feet; THENCE S. 36°-40’-06” W. 75.24 feet; THENCE S. 29°-13’-12” W. 74.80 feet; THENCE S. 21°-40’-50” W. 75.04 feet; THENCE S. 14°-30’-37” W. 65.53 feet; THENCE S. 87°-46’-14” W. 54.49 feet; THENCE S. 00°-48’-00” W. 22.23 feet; THENCE S. 89°-46’-05” W. 129.98 feet; THENCE N. 00°-38’-11” W. 274.12 feet to the Point of Beginning and containing 1.422 acres, more or less. Case No. ZA23-044 EXHIBIT “B” For approved Site Plan.