Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
January 30, 2008
ZA07-133
CASE NO:
Zoning Change and Development Plan for Lake Forest
PROJECT:
REQUEST: On behalf of Marylyn Miles, Four Peaks Development is requesting approval of a
zoning change and development plan from “AG” Agricultural District to “R-PUD”
Residential Planned Unit Development for the purpose of developing 7 residential lots
and 1 open space lot on approximately 11.253 acres.
Site Data Summary
Existing Zoning
AG
Proposed Zoning
R-PUD
Land Use Designation
Low Density Residential
Gross Acreage
11.253 Ac.
Net Acreage
10.653 Ac.
Area of Open Space
3.46 Ac. (30.79%)
Number of Res. Lots
7
Gross Density
0.62 du/ac
Net Density
0.65 du/ac
Minimum Lot Size
46,840 sq. ft.
Maximum Lot Size
75,231 sq. ft.
Average Res. Lot Size
57,159 sq. ft.
The R-PUD zoning will follow the uses and regulations of the “SF-1A” Single Family
Residential District and the City of Southlake Subdivision regulations with the following
exceptions:
Maximum Number of Residential Lots = Seven (7)
Minimum Lot Area = 43,560 square feet
Front Yard Setback = Twenty-five feet (25’)
Rear Yard Setback = Forty feet (40’), except Lot 7 shall be twenty-five feet (25’)
Side Yard Setback = Fifteen feet (15’)
Maximum Lot Coverage = Thirty percent (30%), not to exceed 12,000 square feet
for the primary house structure.
Minimum Enclosed Air Conditioned Space = 4,000 square feet
Maximum Building Height: No building or structure on any Lot shall exceed twenty-
eight feet (28’) in height, such height to be measured and determined in
accordance with the customary method being at the midpoint of the highest sloping
roof above. Each structure shall have a minimum principle plate height of ten feet
(10’) on the first floor, and a minimum plate height of nine feet (9’) on garages,
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unless for a special approved design consideration. All first floor exterior doors
shall be at least eight feet (8’) in the main living areas.
Section 8.01D of Subdivision Ordinance No. 483, as amended, regarding side lot
lines being perpendicular to the right of way lines or radial in the case of cul de sac
or curvilinear design shall not apply to this Residential Planned Unit Development.
Section 5.06B of Subdivision Ordinance No. 483, as amended, regarding the
placement of sidewalks on both sides of all public and private streets in all
residential subdivisions shall not apply to this Residential Planned Unit
Development, except that a 5’ sidewalk shall be required as determined by the
approved development plan.
Section 5.02A of Subdivision Ordinance No. 483, as amended, regarding street
right-of-way width shall not apply to this Residential Planned Unit Development.
The required street right-of-way width shall instead be thirty-one feet (31’).
Consider first reading for a zoning change and development plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
Plans and Support Information
(C) (Link to PowerPoint Presentation)
(D) Development Plan Review Summary No. 4, January 30, 2008.
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
for Commission and Council Members Only
(G) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-133
BACKGROUND INFORMATION
OWNER: Marylyn Miles
APPLICANT: Four Peaks Development
PROPERTY SITUATION: The property is located behind the 2900 block of Burney Lane; physically
addressed as 3185 Southlake Park Dr.
LEGAL DESCRIPTION: Tract 5, R.D. Price Survey, Abstract No. 1207
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District
HISTORY: There is no development history on this property.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan does not make any recommendations for
roadways adjacent to the proposed subdivision.
Existing Area Road Network and Conditions
The proposed subdivision will have access onto Burney Lane.
Currently, Burney Lane is a 2-lane, undivided residential roadway. The
capacity of the existing roadways is approximately 8,400 vehicle trips per day.
Under this condition, the roadways would be considered to operate under a
level of service ‘D’. This development is notexpected to warrant expansion of
the existing roadway network. No plans for improvement in the near future
have been made for Burney Lane.
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 7 67 1 4 4 3
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on Burney Lane.
PATHWAYS MASTER
PLAN: As part of the proposed R-PUD Development regulations, no sidewalks will be
required along the proposed cul-de-sac. The applicant has provided a 5’
sidewalk along the neighborhood entry drive that provides pedestrian access to
the Lower Walnut Grove Trail (Trail Segment # 6 of the Master Pathways
Plan), a network of variable-width natural equestrian/hiking trails along Lake
Grapevine. The applicant is proposing to develop the sidewalk in lieu of the
normally required park fees ($1,500 per lot).
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WATER & SEWER: An 8-inch water line exists along the east side of Burney Lane. No sanitary
sewer lines are located within close proximity to the site. The applicant is
proposing to use private septic systems.
DRAINAGE COMMENTS: The development will generally drain west toward the Corps of Engineers
property.
TREE PRESERVATION: The site is heavily wooded with typical Cross Timber type vegetation of
numerous Post Oaks and associated understory vegetation. Other trees that
may be existing on the site include Black Hickory, Cedar Elm, Black Jack Oak,
Ash and American Elm which would be closer to the floodplain area of the site.
Attached is an analysis of the site performed by Urban Forestry Consultants.
SOUTHLAKE 2025: Environment Resource Recommendations
Protect and enhance critical environmental and natural features, with
particular emphasis on trees and floodplains. Allow floodplains, wetlands,
and streams to remain in a natural state and preserve a tree buffer around
The Environmental Resource Protection Map specifically
these features.
identifies most of the site as a priority area for protection. Building pads
should be located to maximize tree preservation and to avoid the
floodplain
.
P&Z ACTION: January 17, 2008; Approved (5-2) Development Plan Review Summary No.
3, dated January 11, 2008 and subject to the staff report dated January 11,
2008, and subject to the following:
Subject to the applicant’s PowerPoint presentation and all other
materials presented;
Noting the applicant’s willingness to mitigate the front of the
O’Connor property with trees to help buffer headlights;
Shifting the entry driveway as far north on the property as possible;
Narrowing the entry driveway to 24 feet of driving surface, allowing
for a transition to 31 feet to meet the proposed street, and subject to
Fire Marshal’s approval for access;
And, requiring the sidewalk on the south side of the drive.
STAFF COMMENTS: A letter from David Jefferson, Registered Sanitarian and Environmental Health
Manager for the Tarrant County Public Health Department, regarding the
feasibility of on-site septic systems has been provided by the applicant (see
Attachment C).
Attached is Development Review Summary No. 4, dated January 30, 2008.
N:\Community Development\MEMO\2007cases\07-133ZDP.doc
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Link to PowerPoint Presentation
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DEVELOPMENT PLAN / PRELIMINARY PLAT
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA07-133Four01/30/08
Case No.: Review No.: Date of Review:
Development Plan
Project Name: – Lake Forest
APPLICANT: Four Peaks Development ENGINEER: Hamilton Duffy PC
Tom Matthews Keith Hamilton
726 Commerce St, Suite 109 601 Harwood Rd
Southlake, TX 76092 Hurst, TX 76054
Phone: (817) 481-4074 Phone: (817) 268-0408
Fax: Fax: (817) 284-8408
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/30/08 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) 748-8069.
1. Provide an updated Tree Conservation Plan that reflects the development plan as proposed.
2. The following comments are in regard to the narrative letter:
a. Revise the zoning proposal letter to reflect the straightened alignment of the driveway onto
Letter refers to a driveway onto Burney Lane that aligns with the adjacent
Burney Lane.
driveway.
b. Revise the zoning proposal letter to refer to “Zoning Ordinance No. 480, as amended” in the
“Development Regulations” section.
3. Provide a fencing plan and exhibits. Include entry features and streetscape improvements as part of
the plan and exhibits.
4. Show the lot width at building line of Lots 1 & 5. If less than 100-feet, provide a regulation in the
proposed R-PUD zoning district regulations for a minimum lot width lesser than or equal to the
shortest lot width proposed.
5. The following changes are needed with regard to the proposed R-PUD development regulations:
development regulation
a. Although addressed in the narrative, provide a dismissing any
requirement for pedestrian sidewalks interior to the development, but allowing for the proposed
5’ sidewalk. Staff has reflected this regulation in the introductory remarks of this staff report.
development regulation
b. Although addressed in the narrative, provide a allowing for minimum
street R.O.W. width as shown on the proposed development plan. Staff has reflected this
regulation in the introductory remarks of this staff report.
6. The following changes are needed with regard to open space:
a. The plan shows a 20’ conservation area and drainage easement. Trees that are located within
easements are exempt from tree mitigation requirements. Staff is concerned that drainage
improvements will require tree removal conflicting with the intent of the proposed conservation
area.
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b. The plan shows a 20’ conservation area overlapping a public access easement AND a utility
easement on the west side of the turn into the proposed subdivision. Staff is concerned that
utility and pedestrian access improvements will require tree removal conflicting with the intent
of the proposed conservation area. Staff recommends excluding this area from Tree
Conservation percentage calculations.
c. Correct the “General Note” on the Development Plan that refers to a 10’ Equestrian Trail
* Accessory buildings are limited to an aggregate total of 600 square feet per lot (refer to Section 30.5).
INFORMATIONAL COMMENTS
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs.
* 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.
* A letter of permission from the adjacent property owner(s) on the east must be obtained prior to
issuance of a building permit for the construction of the off-site pavement.
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Surrounding Property Owners
Lake Forest
SPO # Owner Zoning Land Use Acreage
1. Low Density Residential
Stewart, John D Etux Lynda A SF1-A 1.834
2. Low Density Residential
Wilson, John N Etux Thelma SF1-A 2.03
3. Low Density Residential
Fischbach, Bernard V Etux Barb SF1-A 2.096
4. Low Density Residential
Winn, Darin Etux Michele SF1-A 1.949
5. Low Density Residential
Fredricks, Jack M Etux Rose E SF1-A 1.952
6. Low Density Residential
Housmans, Errol V Etux Leslie SF1-A 1.857
7. Low Density Residential
Flora, Ward D Etux Diedra W SF1-A 3.966
8. Low Density Residential
Burnett, Patricia H SF1-A 2.05
9. Low Density Residential
George, David W SF1-A 1.096
10. Corps of Engineers
U S A AG 17.443
11. Low Density Residential
Miles, Marylyn E & Etal AG 9.726
12. Corps of Engineers
U S A AG 47.231
13. Low Density Residential
Shackleford Holdings SF1-A 1.099
14. Low Density Residential
George, David SF1-A 0.807
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Surrounding Property Owner Responses
Lake Forest
Notices Sent: Fourteen (14).
Responses Received: Seven (7).
Surrounding Property Owners Within 200 Feet
Ward & Diedra Flora (SPO #7),
Notification Response Form
880 Harbor Ct., submitted a in
Opposition
on January 9, 2008 (see attached).
Patricia Burnett (SPO #8),
Notification Response Form
3510 Burney Ln., submitted a stating
Undecided
on January 10, 2008 (see attached).
Darin & Michele Winn (SPO #4),
Notification Response Form
2950 Burney Lane, submitted a in
Opposition
on January 14, 2008 (see attached).
John & Lynda Stewart (SPO #1),
Notification Response Form
2920 Burney Lane, submitted a in
Opposition
on January 17, 2008 (see attached).
Jack & Rose Fredricks (SPO #5),
Notification Response Form
2960 Burney Lane, submitted a in
Opposition
on January 24, 2008 (see attached).
John & Thelma Wilson (SPO #2),
Notification Response Form
2930 Burney Lane, submitted a in
Opposition
on January 28, 2008 (see attached).
Bernard & Barbara Fischbach (SPO #3),
Response via Petition
2940 Burney Lane, submitted a
Opposition
in on January 17, 2008 (see attached Petition).
Petition Submitted in Opposition (see attached petition)
William & Debra Capps,
2890 Harbor Ridge.
Nancy McArthur,
1095 Harbor Retreat.
Rob & Tina Johnson,
1110 Harbor Retreat.
Terry & Judith Sauder,
1090 Harbor Haven.
Alice Miller,
3540 Burney Lane.
Barbara Hill,
1085 Burney Lane.
Bill Cook,
895 Harbor Court.
Jamie Galis,
885 Harbor Court.
Greg & Marianna Hammer,
1105 Harbor Haven.
Mark & Carol Cox,
1039 Burney Lane.
Jimmy & Tammy Fox,
2935 Burney Lane.
Ray & Dinah Chancellor,
890 Harbor Court.
Alethea Schroen,
2895 Burney Lane.
Leonard & Debbie Ledet,
870 Harbor Court.
Steve & Cathy Curtis,
3580 Burney Lane.
Connie Hitchcock,
1110 Harbor Haven.
Rod & Kathy Stevenson,
1115 Harbor Retreat.
Mary R. Wambsganss,
2915 Burney Lane.
Michael Cope,
3550 Carmel Court.
Allan Hultin,
1075 Harbor Haven.
Ken & Gloria Land,
2900 Burney Lane.
Marge Zielke,
1090 Burney Lane.
Jim Schmidt,
1095 Burney Lane.
John Monrad,
2905 Burney Lane.
Marc & Joan McGaffigan,
2885 Burney Lane.
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Shay Sabbatis,
850 Harbor Court.
Amy K. Hakert & Amber Miles,
2910 Burney Lane.
Martin & Mary O’Connor,
2965 Burney Lane.
Jay Hartman,
3540 Carmel Court.
William & Kollis Eastwood,
3530 Carmel Court.
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-550
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 5,
SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, AND
BEING APPROXIMATELY 11.253 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE
DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
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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 clearly
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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:
Being Tract 5, situated in the R.D. Price Survey, Abstract No. 1207, and being
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approximately 11.253 acres, and more fully and completely described in Exhibit “A”
from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development
District as depicted on the approved Site Plan attached hereto and incorporated
herein as Exhibit “B”, and subject to the following specific conditions:
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are
not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
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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
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