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Item 7B Department of Planning & Development Services S T A F F R E P O R T April 17, 2009 CASE NO: ZA08-091 PROJECT:Zoning Change & Concept Plan for Glosser Addition REQUEST: On behalf of T.W. Glosser, Tom Mathews is requesting approval of a zoning change and concept plan from “AG” Agricultural District to “SF1A” Single-Family Residential District for five (5) residential lots on approximately 10.24 acres. The proposal consists of four (4) new residential lots and one (1) existing residential lot. Lots 3, 4, and 5 are one (1) acre in size and lot 2 is approximately two (2) acres in size. Lot 1 is the property owner’s residence and fronts onto Sleepy Hollow Trail. A ZA08-110 Preliminary Plat under case is being processed concurrently with the zoning change and concept plan. VARIANCE REQUEST: The applicant is requesting a variance to allow Lots 2, 3, 4, and 5 to front on a privately owned and maintained thirty-foot (30’) common access easement rather than a public street built to city street standards. st ACTION NEEDED: 1. Consider 1 Reading zoning change and site plan approval request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Memo – Higgins Branch Watershed – Nathan D. Maier, Consulting Engineers Concept Plan Review Summary No. 2 dated February 25, 2009 (E) (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-582 for Commission and Council Members Only (I) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA 08-091 BACKGROUND INFORMATION OWNER: T.W. & Debra Glosser APPLICANT: Tom Mathews, Four Peaks Development, Inc. PROPERTY SITUATION: 1640 and 1680 N. Peytonville Avenue LEGAL DESCRIPTION: Tracts 3B & 3B01, J.H. Childress Survey, Abstract No. 253 (Lot 7, Block 1, Cedar Oaks Estates is currently zoned SF1A and is included as part of the concept plan only for the purpose of demonstrating that the west part of Tract 3B & 3B1 is to combined with the existing Lot 7. This is more specifically addressed on the proposed preliminary plat which is being processed concurrently with the zoning change and concept plan) LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “SF1A” Single-Family Residential District HISTORY: The area encompassing the concept plan for the residential lots and zone change area are currently undeveloped and not platted. SOUTHLAKE 2025 PLAN/ STRATEGIC LINK: This area is designated as “Low Density Residential” land use category. 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. This category is for detached single-family residential development at a net density of one or fewer dwelling units per acre, in that effect this proposed development does meet this purpose. Other suitable activities are those permitted in the “Public Parks / Open Space” and “Public / Semi-Public” categories. Case No. Attachment A ZA 08-091 Page 1 Environmental Resource Protection Plan Although this site does not have any specific tree cover/open space Environmental Resource Protection Map preservation areas as shown on the , there is an abundance of tree coverage encompassing the proposed area to be Environmental Resource Protection Plan developed. The recommends the preservation of trees whenever feasible. The applicant’s Tree Conservation Plan indicates that approximately 63% of the existing tree coverage will be preserved on lots 2, 3, 4, and 5 to the maximum extent possible. The Environmental Resource Protection Plan also recommends to rehabilitate/protect stream corridors in conjunction with new development, to use the 100-year floodplain as an asset to development, to allow floodplains, wetlands, and streams to remain in a natural state and to consider alternative site design, such as clustering, to protect floodplains. TRANSPORTATION ASSESSMENT:Master Thoroughfare Plan The Master Thoroughfare Plan designates this portion of N. Peytonville Avenue as a C2U 70’ two lane undivided collector street. Existing Roadway Network and Conditions N. Peytonville Avenue is currently a 2 lane undivided collector within a variable width right-of-way (± 70 feet). May 2008 traffic counts on N. Peytonville Ave. between W. Dove Rd. and Turnberry Lane North Bound South Bound 24hr 2,323 2,444 AM Peak 363170 (7:30AM – 8:30AM) (7:45AM – 8:45AM) PM Peak 198372 (3:15PM – 4:15PM) (5:15PM – 6:15PM) PATHWAYS MASTER PLAN: Per the Southlake Pathways Plan, an on-Street Bikeway and an <8’ sidewalk on the east side of N. Peytonville Avenue is proposed. Currently, there is no sidewalk on either side of this portion of N. Peytonville Avenue. WATER & SEWER: Water:The site will be served by a 12-inch water line and will tie in this line with an 8-inch water line to serve lots 2, 3, 4, and 5. Sewer: The site will be served by a 12-inch sewer line and will extend an 8-inch line to the N. Peytonville Right-of-Way. TREE PRESERVATION: The site currently has approximately 85% tree cover on lots 2, 3, 4, and 5 and under the proposed concept plan approximately 63% is to remain. A minimum of 30% tree coverage is required for this development. P&Z COMMISSION: March 5, 2009, Approved (4-0) to table item until the April 9, 2009 Planning & Zoning Commission meeting at the applicants request. Case No. Attachment A ZA 08-091 Page 2 April 9, 2009, Motion to approve failed (3-4) to grant the requested variance to allow Lots 2, 3, 4, and 5 to front on a privately owned and maintained thirty-foot (30’) common access easement rather than a public street and subject to Concept Plan Review Summary No. 2 dated February 25, 2009. STAFF COMMENTS: Attached is a Concept Plan Review Summary No. 2, dated February 25, 2009. N:\Community Development\MEMO\2008cases\08-091.doc Case No. Attachment A ZA 08-091 Page 3 Case No. Attachment B ZA 08-091 Page 1 CONCEPT PLAN Case No. Attachment C ZA 08-091 Page 1 For Additional Exhibits, please view the POWERPOINT PRESENTATION for this item by clicking the above link Case No. Attachment C ZA 08-091 Page 1 Follow the link below to view the memo in reference to HIGGINS BRANCH WATERSHED from Nathan D. Maier, Consulting Engineers Case No. Attachment D ZA 08-091 Page 1 CONCEPT PLAN REVIEW SUMMARY ZA08-091Two2/25/09 Case No.: Review No.: Date of Review: Concept Plan– Lots 1- 5, Block 1, Glosser Addition Project Name: APPLICANT: Engineer: Tom Matthews Keith Hamilton 726 Commerce St., Suite 109 Hamilton Duffy PC Southlake, TX 76092 8241 Mid-Cities Blvd. #100 Phone: (817) 329-6996 North Richland Hills, TX 76180 Fax: (817) 481-4074 Phone: (817) 268-0408 Email: tmatthews@fourpeaksdev.com Fax: (817) 284-8408 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/10/08 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 OR DANIEL CORTEZ AT (817) 748-8070. heightNote whether existing or proposed 1. Show the of all walls, fences, and screening devices. . 2. The following changes are needed regarding lot configurations: (A Variance is being requested to allow Lots 2, 3, 4, and 5 a) All lots must front on a public street. to front on a privately owned and maintained thirty-foot (30’) common access easement rather than a public street built to city street standards.) 3. A minimum 4’ sidewalk is required along the frontage of all lots. Tree Conservation/Landscape Review Keith Martin Landscape Administrator (817) 748-8229 kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * A Tree Conservation Plan which supports the Concept Plan and the Preliminary Plat was submitted. According to the information provided on the Tree Conservation Plan the proposed removal of existing tree cover complies with the regulations of the Tree Preservation Ordinance. There is 85% existing tree cover on lots 2, 3, 4, 5 and 65% of that existing tree cover is proposed to be preserved. A minimum of 30% of the existing tree cover is required to be preserved. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% Case No. Attachment E ZA 08-091 Page 1 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. * 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. # Denotes required items. * Denotes informational comments. Public Works/Engineering Review Michael James, PE Civil Engineer (817) 748-8101 mjames@ci.southlake.tx.us GENERAL COMMENTS: 1. Lot 3 will require floodplain development permits prior to the issuance of building permits for new construction or other development. EASEMENTS: 1. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. WATER COMMENTS: 1. The minimum size for water lines is 8”. 2. Loop waterline if possible. * For single family residences, hydrants shall be spaced a maximum of 400 linear feet apart for unsprinklered and 600 linear feet for sprinklered residences. SANITARY SEWER COMMENTS: 1. Extend the proposed sanitary sewer line to the N. Peytonville right-of-way. DRAINAGE COMMENTS: 1. Provide base flood elevations for this site. * Minimum finished floors must be 2 feet above base flood elevation. * Proposed driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. * This property drains into a Critical Drainage Structure #7 and #4 and requires a fee to be paid prior to beginning construction ($280.91/Acre~ Structure #7) ($307.40/Acre ~ Structure #4). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Case No. Attachment E ZA 08-091 Page 2 INFORMATIONAL COMMENTS: * Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website. * A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * A Developer’s Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Fire Department Review David C. Barnes Fire Marshal (817) 748-8233 GENERAL COMMENTS: * No general problems noted based on submitted information. Community Service/Parks Department Review Peter Kao, P.E. Construction Manager (817) 748-8607 pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Requires residential park dedication fees in the amount of $3000 per lot or dwelling unit x 5 lots= $15,000.00 Pathway Comments: Should provide 4-5 ft wide concrete sidewalk along N. Peytonville Avenue. Should provide pedestrian sidewalk access to and from Peytonville sidewalk. Informational Comments: Case No. Attachment E ZA 08-091 Page 3 * All development must comply with the Drainage Ordinance No. 605, as amended. * All construction or earth disturbance occurring on site must comply with 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. * Denotes Informational Comment Case No. Attachment E ZA 08-091 Page 4 Surrounding Property Owners Zoning Change & Concept Plan for Glosser Addition 11 SPO # Owner Zoning Land Use Acreage Response 1. NR Glazier, Dan & Sherri Glazier SF1-A 1.054 Low Density Residential Low Density Residential, U 2. Wheatley, Neil M Etux Diane SF1-A 1.031 100-Year Flood Plain Low Density Residential, O 3. Murphy, Thomas M Etux Karen L SF1-A 1.568 100-Year Flood Plain Low Density Residential, O 4. Nimergood, Ralph J Etux Malora SF1-A 1.558 100-Year Flood Plain 5. NR Amond, Carl A Etux Barbara M SF1-A 0.996 Low Density Residential 6. NR Bustamante, Michael J Etux J A SF1-A 1.065 Low Density Residential 7. NR Smith, Daniel Etux Terri R SF1-A 0.978 Low Density Residential 8. NR Shuff, Ronald F Etux Janet B SF1-A 1.02 Low Density Residential 9. NR Karmis, Ioannis Etux Christina SF1-A 1.022 Low Density Residential 10. NR Chappel, J Randall Etux D'Ann SF1-A 1.042 Low Density Residential Low Density Residential, 11. NR Glosser, Truman Etux Debra SF1-A 5.929 100-Year Flood Plain Low Density Residential, 12. NR Pennington, Gary Etux Kathryn SF1-A 4.368 100-Year Flood Plain 13. NR Manning, Michael N SF1-A 1.564 Low Density Residential F 14. Demlow, John R Etux Carol G SF1-A 1.033 Low Density Residential 15. NR Coventry Manor Hoa RPUD 10.792 Low Density Residential 16. NR Oliver, Darren Etux Melissa SF1-A 0.957 Low Density Residential 17. NR Kelly, Carol Ann SF1-A 1.014 Low Density Residential O 18. Kit, Edward Etux Catherine B SF1-A 0.986 Low Density Residential 19. NR Maher, Elizabeth Etvir Robert SF1-A 2.487 Low Density Residential O 20. Canal, Donald V Etux Marina R SF1-A 1.766 Low Density Residential Case No. Attachment F ZA 08-091 Page 1 O 21. Jackson, Nancy S Etux John W SF1-A 1.495 Low Density Residential O 22. Lam, Conner SF1-A 1.526 Low Density Residential Low Density Residential, O 23. Fullmer, Kurt Etux Melinda SF1-A 1.79 100-Year Flood Plain Low Density Residential, 24. NR Phillips, G Martin & Shawna S SF1-A 1.387 100-Year Flood Plain Low Density Residential, 25. NR Buzzard, Richard A Etux Jean A SF1-A 1.351 100-Year Flood Plain Low Density Residential, 26. NR McGaha, Bruce A Etux Teresa G SF1-A 1.236 100-Year Flood Plain Low Density Residential, 27. NR Ortiz, Donna SF1-A 1.344 100-Year Flood Plain Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment F ZA 08-091 Page 2 Surrounding Property Owner Responses Zoning Change & Concept Plan for Glosser Addition Notices Sent: Twenty-Seven (27) - Attached Responses Received: Nine (9) – Attached Case No. Attachment G ZA 08-091 Page 1 Case No. Attachment G ZA 08-091 Page 2 Case No. Attachment G ZA 08-091 Page 3 Case No. Attachment G ZA 08-091 Page 4 Case No. Attachment G ZA 08-091 Page 5 Page 1 of 2 Case No. Attachment G ZA 08-091 Page 6 Page 2 of 2 Case No. Attachment G ZA 08-091 Page 7 Case No. Attachment G ZA 08-091 Page 8 Page 1 of 3 Case No. Attachment G ZA 08-091 Page 9 Page 2 of 3 Case No. Attachment G ZA 08-091 Page 10 Page 3 of 3 Case No. Attachment G ZA 08-091 Page 11 Page 1 of 2 Case No. Attachment G ZA 08-091 Page 12 Page 2 of 2 Case No. Attachment G ZA 08-091 Page 13 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-582 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 3B & 3B01, J.H. CHILDRESS SURVEY, ABSTRACT NO. 253, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 10.24 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF1A” SINGLE-FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas 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 H ZA 08-091 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 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 at the time Case No. Attachment H ZA 08-091 Page 2 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 legally described as Tracts 3B & 3B01, J.H. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas being approximately 10.24 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Case No. Attachment H ZA 08-091 Page 3 1. Reserved for final City Council motion / conditions 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. SECTION 5. Case No. Attachment H ZA 08-091 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 or its caption and penalty together with a notice setting out the time and place for a Case No. Attachment H ZA 08-091 Page 5 public hearing thereon at least fifteen (15) 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 _________, 2009. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment H ZA 08-091 Page 6 PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2009. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA 08-091 Page 7 EXHIBIT “A” Being legally described as Tracts 3B & 3B01, J.H. Childress Survey, Abstract No. 253, Southlake, Tarrant County, Texas being approximately 10.24 acres, and more fully and completely described as follows: Reserved for Metes & Bounds Description Case No. Attachment H ZA 08-091 Page 8 EXHIBIT “B” Reserved for approved concept plan. Case No. Attachment H ZA 08-091 Page 9