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Item 6F - Staff ReportCITY OF 6F S0UTHLA1<..,,,E Department of Planning & Development Services STAFF REPORT September 10, 2024 CASE NO: ZA24-0030 PROJECT: Zoning Change and Concept Plan for Dakota's Steakhouse EXECUTIVE SUMMARY: Timothy McEneny, NL Group Inc. on behalf of Stephen Hagar, are requesting a Zoning Change and Concept Plan for Dakota's Steakhouse, on a property described as Tract 51302, Samuel Freeman Survey Abstract 525, City of Southlake, Tarrant County, Texas, and located at 479 N. Kimball Ave. Current Zoning: "AG" Agricultural District Requested Zoning: "S-P-2" Generalized Site Plan District with SPIN District #4 DETAILS: This project is located on approximately 3.80 acres of land located on N. Kimball Ave. The purpose of this request is to seek approval for a Zoning Change and a Concept Plan for Dakota's Southlake to develop a new restaurant and event space. VARIANCES: A variance to the Driveway Ordinance No. 634, as amended requiring a minimum driveway centerline spacing of 250'along an arterial roadway. The proposed south driveway is approximately 50' from an existing commercial driveway and the north proposed driveway is approximately 130' from an existing residential driveway. The applicant has requested deferral of the full TIA until site plan submittal. The traffic threshold analysis shows that a TIA is required. ACTION NEEDED: 1) Consider 2nd reading approval 2) Conduct Public Hearing ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, revised August 13, 2024 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-818 Full Size Plans (for Commission and Council members only) Corridor Planning Committee & SPIN Reports Presentation Narrative Plans Case No. ZA24-0029 6F STAFF CONTACT: Morgan Barclay (817) 748-8127 Dennis Killough (817) 748-8072 Case No. ZA24-0029 6F OWNER: BACKGROUND INFORMATION Stephen Hagar APPLICANT: Timothy Mceneny, NL Group Inc. PROPERTY SITUATION: 479 N. Kimball Ave. PROPERTY DESCRIPTION: Tract 51302, Samuel Freeman Abstract 525, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Mixed Use CURRENT ZONING: "AG" Agricultural District. PROPOSED ZONING: "S-P-2" Generalized Site Plan District with HISTORY: The property was annexed into the City in 1956. An earth disturbance permit was issued in December of 2009. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is "Mixed Use". The purpose of the Mixed Use land designation 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 throughfares 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. Mobility & Master Thorou_phfare Plan The property is located along N. Kimball Ave. N. Kimball Ave is designated as an 88' 4 lane divided arterial road. Pathways Master Plan & Sidewalk Plan The pathways plan calls for an <8" sidewalk along this portion of N. Kimball Ave. TREE PRESERVATION: The submitted tree preservation analysis shows approximately 45% of existing tree cover. The applicant is showing approximately 20% to be preserved and an additional 18% potentially to be preserved for a total estimate of potentially 38% of existing tree cover being preserved. For a standard zoning district with 45% coverage, a minimum of 50% of existing tree cover is required to be preserved. The tree analysis shows mitigation to be provided for any preservation below 50%. Case No. ZA24-0030 Page 1 UTILITIES: There is an existing 12" water line located along N. Kimball Ave. There is an existing 10" sewer line located along N. Kimball Ave. PLANNING AND ZONING COMMISSION: August 8, 2024, APPROVED (5-0) Subject to Staff Report dated August 2, 2024, and subject to Concept Plan Review Summary No. 2 dated August 2, 2024, and granting the variance for the driveway spacing and deferral of the Traffic Impact Analysis until Site Plan approval. CITY COUNCIL: August 20, 2024 APPROVED (6-0) subject to Staff Report dated August 13, 2024, and subject to the Concept Plan Review Summary No. 2 Revised dated august 13, 2024, and noting approval of the driveway variance as requested, and noting that the approval is for the purpose of rezoning the property from "AG" Agricultural District to "S-P-2" Generalized Site Plan District to develop a new restaurant and event space. September 3, 2024: TABLED (7-0) on the Consent Agenda per the owner's written request to the September 17 City Council Meeting. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2 revised August 13, 2024. Case No. ZA24-0030 Page 2 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA24-0030 Revised Review No.: Two Date of Review: 08/13/24 Name: Zoning Change & Concept Plan — Dakota's Steakhouse APPLICANT: OWNER: Timothy McEneny — NL Group, Inc. Provide Corrected Application with Ownership 25 Highland Park Village, STE 100-580 Dallas, TX 75205 Phone: 214-663-4317 Phone: Email: tmceneny@nlgroup-dallas.com Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/26/24 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 DENNIS KILLOUGH AT (817) 748-8072. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. The minimum driveway centerline spacing for a commercial driveway along an arterial roadway is 250'. The proposed south driveway is approximately 50' from an existing commercial driveway and the north proposed driveway is approximately 130' from an existing residential driveway. (Variance Requested). b. Provide a common access easement and driveway stub to the north and south for future connection. C. The traffic threshold analysis shows that a TIA is required. The Applicant has requested deferral of the full TIA until site plan submittal. (Deferral to Site Plan Requested) 2. Correctly reflect all minimum yard/building lines. Unless to be proposed differently under the S- P-2 zoning regulations, the minimum yard/building line along the boundaries adjacent to single family zoned (Shady Lane tracts) per the Zoning Ordinance No. 480, as amended, Residential Adjacency Overlay, Section 43.13.a (8), is 40' unless the subject building is greater than 1 story or 20 feet in height, then the building must be setback such that no portion of the building encroaches above a 4:1 slope from the residential property boundary. All other side yard(s) are a minimum of 15', front yard is 30' and the rear yard is 10'. 3. Show the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. Properties within Corridor Overlay Zone see Ord. 480-S § 43.9.c.1(e) for design criteria. Case No. Attachment C ZA24-0030 Page 1 6F Tree Conservation/Landscape Review TREE CONSERVATION COMMENTS: 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. 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: i. 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. Case No. Attachment C ZA24-0030 Page 2 6F 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: Please provide a color concept Landscape Plan. 2. Please provide the appropriate landscape bufferyards and Bufferyards Summary Chart based on the regulations outlined in Section 43 Bufferyards, within the Zoning Ordinance. Minimum Required Bufferyards North —10'-C South — 10' — B East — 10' — F1 West — 10' - E 3. Parking lot islands shall have a minimum width of 12' back-to-back if curbed or 13' edge -to - edge if no curb is intended and shall be equal to the length of the parking stall. 4. All parking planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, ornamental grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. Attachment C ZA24-0030 Page 3 6F Public Works/Engineering Review 1. Based on the traffic threshold worksheet a TIA is warranted. 2. The proposed driveways do meet the minimum separation distance of 250' from the proposed driveways to the neighboring existing driveways. The north driveway is an existing driveway that can remain as is, however, the southern driveway needs to be relocated to comply with the driveway ordinance. * Label the fire lane when submitting for site plan. * Label the radius along the proposed fire lane and the driveway entrances when submitting for site plan. Please be aware that the minimum radius for driveway and fire lanes is 30' * Show and label proposed easements when submitting for site plan. UTILITY COMMENTS: * Please provide a preliminary utility plan showing the location of water and sewer through the site when submitting for site plan. * Please show the utility connections to the city infrastructure when submitting for site plan. * If the domestic and/or irrigation water meters are to be located onsite and not within right-of-way, the water main, and domestic service line up to the meter shall be located within a dedicated water easement. Fire hydrants and their associated water lines shall also be located within a dedicated water easement. All proposed easements shall be shown on the site plan. * Be aware that sewer service lines smaller than 6" shall not be connected to manholes and shall tap the pipe directly. * There is an existing water meter at the northwest corner of the property along N. Kimball. If the existing water meter is not going to be used, it shall be abandoned. DRAINAGE COMMENTS: * The proposed underground detention shall be located within a dedicated drainage easement. Please show and label the easement on the site plan. • A preliminary existing conditions and proposed conditions drainage map including flow calculations should be provided with the site plan submittal. *=Denotes informational comment that don't need to be addressed until Civil Construction Submittals. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA24-0030 Page 4 Fire Department Review GENERAL COMMENTS: 6F The required backflow protection (double check valve) for the sprinkler systems can be located on the riser if the riser is within 100 feet of the water main, measured linearly along the length of the pipe. If the riser is further than 100 feet from the main, the double check valve shall be in a vault. Riser rooms shall be a minimum of 5'X5' if the double check is located in a vault, or a minimum of 6'X6' if it is located on the riser. The Fire Department Connection for the sprinkler system must be within 100 feet of a fire hydrant, and within 50 feet of fire department fire lanes on the property. FIRE LANE COMMENTS: Fire lanes require a minimum 30 foot inside turn radius and a minimum 54 foot outside turn radius. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 24 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 85,000 pounds GVW) FIRE HYDRANT COMMENTS: Fire hydrants are required at a maximum spacing of 500 feet for commercial locations with completely sprinkled buildings. Lorenzo Chavez Fire Inspector Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA24-0030 Page 5 6F General Informational Comments If the proposed S-P-2 and Concept Plan is approved, a Site Plan must be approved by City Council following a recommendation by the Planning and Zoning Commission prior to issuance of a Building Permit No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Building permit(s) are required prior to commencement of any work. 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. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479 and execution of an avigation easement and release. 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, Roadway Impact 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 ZA24-0030 Page 6 6F SPO Map ZA 4-00 U 479 N Kimball Ave N ti 100 200 Legend Adaress Paints city Parcels Right Cf Way _ City Limit Parcels Within Buffer _ 300 Foot Buffer 400 Feet 200 Foot Buffer • _ Case Parcal(s) Case No. ZA24-0030 Attachment D Page 1 SPO # Ann Owner E Physical Address 1 Response 1 OURONE LLC AG 501 N KIMBALL AVE -1111 2.532237082 NR 2 MALONEY, RANDY C SF1-A 426 SHADY LN 0.222542357 NR 3 MDP SOUTHLAKE LLC SP2 2114 E SH 114 0.619044773 NR 4 KIM, ODES SF1-A 420 SHADY LN 0.673601683 NR 5 BOWEN SL LTD 11 450 N KIMBALL AVE 0.308076836 NR 6 DHAKAL, BIKAL SF1-A 414 SHADY LN 0.229540489 NR 7 DHAKAL, BIKAL SF1-A 410 SHADY LN 0.806608887 NR 8 BARGER EQUITY GROUP LLC 11 440 N KIMBALL AVE 0.21239691 NR 9 MADUPUR MEDICAL OFFICE LLC SP1 420 N KIMBALL AVE 0.261491152 NR 10 CF 678 TRUST SF1-A 328 SHADY LN 0.619576729 NR 11 CF 678 TRUST AG 411 N KIMBALL AVE 1.617432633 NR 12 TEXAS PETRO CORP III SP2 2150 E SH 114 0.141305673 NR 13 2300 E SH 114 LP C3 2300 E SH 114 0.365307741 NR 14 VICTRON STORES LP C3 401 N KIMBALL AVE 0.197817345 NR 15 TATE, JOHN T SP2 2120 E SH 114 0.920030658 NR 16 2354 KIMBALL LLC SP1 2360 E SH 114 1.446910095 NR 17 KIMBALL ROAD LP 11 500 N KIMBALL AVE 1.60004874 NR 18 MDP KIMBALL PARK OFFICE LLC SP2 2108 E SH 114 5.166580572 NR 19 KP SOUTHLAKE JV LLC SP2 2112 E SH 114 1.295073422 NR 20 ST LAURENCE EPISCOPAL CHURCH CS 517 N KIMBALL AVE 6.43218981 NR 1000 HAGAR, STEPHEN T AG 479 N KIMBALL AVE 3.797027005 U Responses: F: In Favor 0: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) (Individual Ownerships) Responses Received within 300': No Response: Case No. Attachment D ZA24-0030 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-818 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 51302, SAMUEL FREEMAN SURVEY ABSTRACT 525 AND LOCATED AT 479 N. KIMBALL AVE., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "SF30" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA24-0030 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 whetherthese changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Case No. Attachment E ZA24-0030 Page 2 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 Tract 5B02, Samuel Freeman Survey Abstract 525, and located at 479 N. Kimball Ave. and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S-P-2" Generalized Site Plan District with as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Case No. Attachment E ZA24-0030 Page 3 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. 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. SECTION 5. Case No. Attachment E ZA24-0030 Page 4 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 Case No. Attachment E ZA24-0030 Page 5 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 20 day of August, 2024. 1/GT •C ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR /_1aIonI day of , 2024. CITY SECRETARY Case No. Attachment E ZA24-0030 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA24-0030 Page 7 EXHIBIT "A" Being described as Tract 51302, Samuel Freeman Survey Abstract 525, and located at 479 n Kimball Ave. Metes and Bounds Description EXHIBIT "B" Reserved for approved Concept Plan Case No. Attachment E ZA24-0030 Page 8