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Item 8ACity of Southlake Department of Planning MEMORANDUM April 11, 2003 TO: Honorable Mayor and Council Members FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance No. 480 -TT — Being an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District. REQUESTED ACTION: Consider first reading of Ordinance No. 480 -TT APPLICANT: City of Southlake BACKGROUND: During the discussions and work session held by the City Council on the Southlake Town Square request for residential "brownstones ", a concern was raised regarding the ability to request ancillary uses within the Planned Unit Development Districts (i.e. residential uses in a NRPUD and commercial uses in a RPUD). The City Council approved an amendment (480 -RR) removing the provision on November 19, 2002. Following more discussions on the Southlake Town Square residential "brownstones ", additional concerns were raised about the ability to make requests for attached, townhouse or apartment type residential units within the RPUD zoning district. The City Council directed staff to bring forward an amendment removing language regarding these types of structures and to add language limiting the RPUD district to single - family detached type residential units. Staff was also asked to include a minimum lot area provision for RPUD. These changes have been brought forward as the 480 -TT amendment to the Comprehensive Zoning Ordinance. This amendment also removes some language regarding ancillary uses and mixed use type development that no longer applies following the removal of ancillary use provisions in 480 -RR. During the last Council meeting, staff was asked to clarify the changes made between 480 -RR and the proposed 480 -TT. Attachment `A' shows the changes made by 480 -RR in green, changes proposed by 480 -TT specifically requested by a Council Member are shown in red and changes proposed by 480 -TT needed to address residual language in conflict with 480 -RR are shown in blue. Each change is in an " underline (for added lattiyi y) / Strike E)Ut (#)r aekte4 k m-g " format and is followed by an annotation that indicates the source and reason for the change. Ord. 480 -TT Memorandum Page 1 As mentioned above, the reason for the 480 -RR amendment was to remove ancillary uses from the PUD district. An unintended consequence of this revision was the invalidation of the application request to add ancillary residential uses to the Town Square NRPUD. Additionally, the 480 -RR amendment has either removed or made the ancillary uses "non - conforming" in the following PUD's: Timarron RPUD — Existing commercial uses at the corner of Byron Nelson and Southlake Boulevard, the Club House for the Golf Course and the Rockenbaugh Elementary School are now "Non- conforming Uses ". Three acres located between the Villages at Timarron and Rockenbaugh Elementary School, previously approved for "C -2" commercial uses and development, is no longer permitted. Stone Lakes RPUD — The existing medical offices located on W. Southlake Boulevard, east of the intersection of Stone Lakes Place, is now a "Non- conforming Use ". Versailles RPUD — The existing Old Union Elementary School permitted as a "CS" Community Service use within the Versailles RPUD is now a "Non- conforming Use ". Aventerra Tract 2 NRPUD — Previously approved residential uses allowing development of up to ±28 acres for SF -20, SF -30 and RE uses are no longer permitted. Aventerra Tract 3 NRPUD — Previously approved residential uses allowing development of up to ±20 acres for SF -20, SF -30 and RE uses are no longer permitted. FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: Currently under review by the City Attorney's Office. No Comments have been received. SUPPORTING DOCUMENTS: Attachment A - Proposed Ordinance Changes Attachment B - Ordinance 480 -TT Attachment C - RPUD Comparison by separate file "R -PUD- Comparl.doc" P &Z ACTION: February 6, 2003; Denied (6 -0) In order to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary be denied, an affirmative vote of at least three - fourths of all the members of the City Council shall be required. Ord. 480 -TT Memorandum Page 2 COUNCIL ACTION: April 1, 2003; Approved to Table (6 -1) until the April 15, 2003 City Council meeting. M \Community Development \WP - FILES \MEMO \2002cases \Ordinance 480- TTFirstReading.doc Ord. 480 -TT Memorandum Page 3 ORDINANCE NO. 480 -TT PROPOSED MODIFICATIONS TO SECTION 30 "PUD" PLANNED UNIT DEVELOPMENT DISTRICT (AND, AS AMENDED BY 480 -RR) SECTION 30 "PUD" PLANNED UNIT DEVELOPMENT DISTRICT 30.1 PURPOSE AND INTENT - The purpose of this district, sometimes identified as a suffix to one of the other districts, is to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns and to best utilize special site features such as topography, size and shape. It is intended that the flexibility permitted by this zoning category extends to discretionary approval, in conjunction with site plan or concept plan review, not limited to, but including such items as those relating to parking space requirements, building line setbacks, square footage of buildings and structures, sign placement and specifications and protective screening in order to achieve conformance with good planning practices. This distfiet may also be used to aeeemmedate planned asseeiations of uses developed as integral land ineluding mixed uses, whieh may be planned, developed and opefated either- by single awneF or- a eeinn.bbinatien of own (As proposed by 480 -TT, to remove residual language associated with "ancillary uses ") 30.2 PERMITTED USES - The PUD District, when approved as a suffix to a particular zoning district, will allow the development of any combination of uses which are permitted in that district. The PUD District may also be approved for a specific use or uses, or a class of generic uses such as office, retail, personal services, educational facilities or warehousing. a. In the event certain uses are deemed inappropriate in a PUD district, whether approved for specific uses or as a suffix to another district, the use of the property may be specifically restricted by eliminating certain uses from the category of permitted uses. afe flet specifieally listed ifl th . e d PUD as lang as s aid 1 development dees flet execed 1 ll0 _ e f the tetal PUD ,do of n t (as amended by - E80 -RR, at direction of Cou"cil, to remove the 10% ancillary use provisions froln the P(TI) districts) Ordinance 480 -TT Page 4 Attachment A 30.3 RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD District is developed pr-ifnar-il y (as amended by 480 -RR, at direction of Council, to remove the 10% ancillary use provisions) for residential uses, the tract shall have a gross area of at least €sue twenty (20) acres (as amended by 480 -RR, initiated by recommendation of the P & Z to change minimum land area required for a RPUD from 50 acres to 5 acres and approved by City Council as a minimum of 20 acres). A residential PUD district may be designed to accommodate the following development: a. Dwelling units grouped into clusters, allowing an appreciable amount of land for open space. n. T^ vJcccs = w m u n townhouses of apaftment - i7 r Permitted housing types shall be limited to single family detached residential units. (As proposed by 480 -TT, at direction of Council, to restrict residential housing types to single family detached type structures) e. Higher- densities than eefpventienal single family pfejeets of the safne aer-eage. (As proposed by 480 -TT, to remove residual language following the adoption of Ordinance 480-X in 1997, which changed the maximum residential density in a RPUD to 1.8 DU /Ac. This provision is no longer valid since the SF -20, single family district allows 2.18 DU /Ac.) d. Paft of the land us ed f r non esident;. l pufpe sueh as sh opp;.. 11 — mployment eentef s. (As proposed by 480 -TT, to remove residual language associated with "ancillary uses') e. Preservation or enhancement of areas exhibiting environmentally significant natural features. f. The minimum residential lot size in a residential planned unit development shall be . (As proposed by 480 -TT, at direction of Council, to add a minimum residential lot area restriction for a RPUD. No lot size has been proposed. A RPUD comparison chart has been provided in your packet by separate file "R- PUD- Comparl.doc') 30.4 NON - RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD District is developed pfimafi y (as amended by 480 -RR, at direction of Council, with removal of the 10% ancillary use provisions) for non - residential uses, the tract shall have a gross area of at least ten (10) five 5) acres (As amended by 480 -RR, initiated by recommendation of the P & Z to change the minimum land area for a NRPUD and approved by City Council). A non - residential PUD district may be designed to accommodate the following development: Ordinance 480 -TT Page 5 Attachment A a. Commercial or industrial uses grouped into clusters, allowing an appreciable amount of the land for open space or joint use such as parking and storage. b. C.,,, mefe;^1 o industfial p eje with p aFt o f the l us fef fesidential. yeses (As proposed by 480 -TT, to remove residual language associated with "ancillary uses".) C. Single purpose commercial or industrial uses projected to involve innovative land utilization. 30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space, and other development regulations for permissible uses in a PUD district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which such uses are permitted. Zero lot line development may be permitted for non - residential uses on a common interior lot line where construction of a party wall is used. Where zero lot development is utilized, the equivalent open space and plantings (normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. In addition, the City Council may approve more flexible development standards if other design features provide adequate protection to surrounding and adjacent properties. For any residential PUD, the maximum density permitted shall not exceed 1.80 dwelling units per gross acre. This ealeulation shall exelude all pfopos nonr esidential aefeage f em the gfess aefeag (As proposed by 480 -TT, to remove residual language associated with "ancillary uses') In any residential PUD, all buildings and structures shall have a maximum lot coverage not exceeding thirty percent (30 %) of the lot area, except the sum total of accessory buildings shall not exceed six hundred (600) square feet. (As amended by Ordinance No. 480 -U.) (As further amended by Ordinance No. 480 -X.) When developing a residential PUD in phases, the City Council shall establish in the individual PUD ordinance the maximum density permitted in each phase to assure that the maximum density of the entire residential PUD is not exceeded once complete buildout is achieved. (As amended by Ordinance No. 480 -C.) The Board of Adjustment may grant variances of up to, but not exceeding, ten percent (10 %) of any required setback or lot coverage requirement established by the City Council in the specific PUD regulations at the time of zoning of said Planned Unit Development. This approval shall be per the requirements set forth in Section 44.3 (b) of the Zoning Ordinance. (As amended by Ordinance No. 480 -L). 30.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400) OF SINGLE FAMILY RESIDENTIAL PROPERTY - In addition to the development regulations applicable to this zoning district, the development regulations in Section 43, Part III, Residential Adjacency Standards, shall also apply. When any requirements in this Ordinance 480 -TT Page 6 Attachment A section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480 -CC). 30.7 PARKING REGULATIONS a. All parking and vehicle use areas shall be paved with an all - weather surface. b. Off - street parking facilities shall be provided at locations designated on the approved development plan. C. Minimum off - street parking requirements shall be established in the approved development plan. Any deviation less than the minimum requirements specified in Section 35 shall require specific approval from the City Council. (As amended by Ordinance No. 480 -M.) 30.8 APPLICATION - An application for a Planned Unit Development District shall be made to the Planning and Zoning Commission in the same manner that an application for zoning change is made. The application shall be processed according to the procedures specified herein. For purposes of application processing, all Planned Unit Development applications shall initially be divided into two (2) broad categories: Planned Unit Developments encompassing one hundred (100) acres or less in land area. These shall require the submission and processing of a Development Plan and any specific Planned Unit Development ordinance approving such a proposal shall require specific compliance with the terms of the development plan which shall be incorporated by reference into the Zoning Ordinance Amendment. 2. Planned Unit Developments encompassing more than one hundred (100) acres of land area shall be given the opportunity at the time of zoning application to select between two (2) alternative processing procedures: a. The applicant may choose to submit a Development Plan in conformance with the provisions of this Section and thereby complete all processing requirements at the inception of the zoning action. b. The applicant may choose to submit a Concept Plan for the entire Planned Unit Development area. In addition to the requirements set forth in Section 41.3 of this ordinance, the Concept Plan shall include the following: (1) A preliminary drainage study; (2) A preliminary major utility layout showing water and sewer mains, etc. Ordinance 480 -TT Page 7 Attachment A (3) A proposed major thoroughfare plan; and (4) A legend detailing the minimum area of open space, the maximum density, the percentage of land allotted to each use, and the general location of each use. The zoning application may then be processed and a zoning classification of Planned Unit Development allocated to the site by appropriate municipal ordinance. The ordinance will identify the tract as a Planned Unit Development and will identify the types, intensity and density of land uses on the site. The ordinance will further provide that no actual construction can commence on any portion of the project until a Development Plan complying with the provisions of this Section has been processed and approved on that specific section or phase of the Planned Unit Development. Each Development Plan whie that is submitted for approval of a specific section or phase of the Planned Unit Development shall cover a minimum of €sue twenty (20) acres for Residential Planned Unit Developments and shall cover a minimum of five (5) acres for Non - residential Planned Unit Developments. (Asproposed by 480 -TT, to change residual language associated with minimum land area requirements that were changed with 480 -RR) This approach is designed and intended to allow a large development to be approved in concept and then constructed in phases. The City recognizes that it may not be feasible and it may be unrealistic to require a highly detailed development plan to be completed on a very large project when it is recognized that it will be constructed in sections or phases over several years. Any Planned Unit Development projects undertaken on the basis of Concept Plan approval rather than full Development -Plan approval do not reflect the concurrence of the City to any specific lot arrangement or sizing, street arrangement or pattern, or approval of any specific open space or public facility plans not reflected on the approved Concept Plan. Planned Unit Development zoning based solely on a concept plan reflects only zoning approval of the basic concept and may not be implemented until full development plan approval on each section or phase has been granted; however, an applicant receiving approval of a Concept Plan shall be entitled to rely on, and implement by subsequently approved Development Plans, the type, intensity and density of land uses set forth in the approved concept plan. A concept plan based upon the Planned Unit Development Ordinances shall be subject to the following additional restrictions: Consistency Requirement Each and every development plan submitted to secure implementation authority under the concept plan Ordinance 480 -TT Page 8 Attachment A approval option must be consistent with the original concept plan. If the Zoning Administrator should identify any material variance between a submitted development plan application and the approved concept plan for the Planned Unit Development, he shall reject the development plan application and not accept it for processing until a new concept plan for the entire Planned Unit Development has been approved under the terms and provisions of this ordinance. City/Developer Agreement All Planned Unit Development zoning granted on the basis of concept plan approval or development plan approval shall be required to enter into a City/Developer Agreement prior to or contemporaneous with final plat approval. This Agreement is designed and intended to reflect the agreement of the City and the Developer as to the phasing of construction to insure the timely and adequate provisions of public works facilities and public type improvements. This Agreement is also intended to insure balanced intensity of development to avoid overloading existing public facilities during the construction phase. This Agreement will be individually negotiated for each project, but should address the following issues: (1) Any agreements on cost sharing for the installation or oversizing of major utility systems, lines or facilities. (2) Any agreements on cost sharing for the installation of interior or perimeter roadways, thoroughfares, or street systems. (3) Any agreements as to a mandatory construction or dedication schedule for a specific amount of park or open space area or improvements, school site or sites, landscaping or greenbelt development or other comparable items to be dedicated or constructed for each acre of property within the development released for construction by development plan approval. This requirement is intended to allow the City to insure that pre - planned public type facilities, improvements or amenities are installed concurrently with other development on the basis of a negotiated formula. (4) Any agreements between the City and the Developer as to the establishment of a maximum residential density or commercial or industrial intensity of use during the construction process. This requirement is intended to allow the City to establish a maximum development intensity that cannot be exceeded while each phase of the project is being completed. Under this provision, the City may establish a maximum overall density for each phase of the project to be applicable only during the Ordinance 480 -TT Page 9 Attachment A construction phase of the Planned Unit Development. This restriction would require concurrent development of lower density or intensity of use activities with higher density or intensity of use activities. (5) An agreement by the Developer to maintain all open space lands at no cost to the City. (As amended by Ordinance No. 480 -M.) 30.9 DEVELOPMENT PLAN a. Except as otherwise provided in Section 30.7, an application for a Planned Unit Development shall include and be accompanied by a development plan which shall become a part of the amending ordinance and shall be referenced on the Official Zoning Map. Changes in the development plan shall be con- sidered the same as changes in the Official Zoning Map. The proposed development plan shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which meet the conditions set forth in Section 40.6 of this ordinance, may be approved by the Administrative Official. b. The Development Plan may, in some cases, be a two -phase document. The first phase shall illustrate and contain the applicant's request and suggestion for the use, configuration of buildings, parking, etc., and the second phase shall illustrate the development plan showing the suggestions and recom- mendations of the Planning and Zoning Commission after review of Phase One. In addition to the requirements set forth in Section 40.3 of this ordinance, the development plan shall provide as much detail as possible including, but not necessarily limited to: 1. A scale drawing showing any proposed public or private streets and alleys; building site, or building lots; any areas proposed for dedica- tion, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; and the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract. 2. For buildings more than one (1) story in height, except single - family and two - family residences, elevations and /or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. Ordinance 480 -TT Page 10 Attachment A For development projects influenced by, impacting on flood -prone areas, or containing major drainageways or areas flood -prone by definition of the City Engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only upon the recommendation of the City Engineer. 4. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, planting, wooded areas to be retained, and lawns if such are determined to be necessary by the City Council. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation and inter- pretation by the Administrative Official. C. In any residential and nonresidential Planned Unit Development, all nonresidential building sites shall submit a site plan meeting the requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development site plan for this phase of the Planned Unit Development or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. (As amended by Ordinance No. 480 -M.) 30.10 DEVELOPMENT SCHEDULE - The Planning and Zoning Commission may, at its discretion, require that an application for a Planned Unit Development District be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. Such schedule shall not be binding upon the applicant, but the City shall be entitled to utilize this schedule in arranging for the construction of supporting public works facilities. 30.11 COMMON OPEN SPACE - For all residential uses within a planned unit development, common open space (whether dedicated to public use or owned and maintained in common by all or part of the occupants of the PUD through a property owner association) shall be reserved primarily for the leisure and recreational use of the occupants of the residential uses. The common open space shall comprise not less than ten (10) percent of the total area devoted to the residential use. The location of open space shall be subject to City Council approval. (as amended by 480 -RR, at direction of Council, to avoid unusable or less desirable placement of open space) The amount of said common open space may be varied downward by the City Council Ordinance 480 -TT Page 11 Attachment A when a lesser amount of such open space would be more appropriate to the density of development or size of families or households proposed in a project, or where the availability and nature of adjacent public open space is such that a lesser amount of common open space would adequately protect the health, safety and welfare and promote the orderly development of the residential uses. For the purpose of this section, common open space shall include: 1. Land area accessible to and permanently reserved for the common use and enjoyment of the occupants of the residential project for leisure and recreational purposes, not including area devoted to parking and accessory uses. 2. Golf courses, parks, and other open greenbelt areas adjacent to the project, whether publicly or privately owned, which are readily accessible. 3. School sites, excluding the area devoted to buildings. Land required for common open space shall not include the following: 1. Areas reserved for the exclusive use and benefit of an individual tenant or owner. 2. Dedicated streets, alleys or public rights -of -way. 3. Vehicular driveways, private streets or parking, loading or storage areas. In residential PUDs where homeowners associations are to be established for the purpose of ownership and /or management of common open spaces, all such associations shall be subject to the approval of the City. 30.12 APPROVAL - Every Planned Unit Development District approved under the provisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. In carrying out the development of a Planned Unit Development District, the development conditions shall be complied with and such conditions as are specified for the development of a Planned Unit Development District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy. Ordinance 480 -TT Page 12 Attachment A ORDINANCE NO. 480 -TT AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING SECTION 30 REGARDING PLANNED UNIT DEVELOPMENTS; 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 PAMPHLET FORM; 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 Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 30, of Ordinance No. 480, as amended, is hereby amended by deleting Sections 30.3b, 30.3c, 30.3d, 30.4b, SECTION 2 Ord. 480 -TT Attachment B Page 1 Section 30 of Ordinance No. 480, as amended, is hereby amended by deleting the following statements or sentences from the respective Sections: Section 30.1 This district may also be used to accommodate planned associations of uses developed as integral land use units, including mixed uses, which may be planned, developed and operated either by a single owner or a combination of owners. Section 30.4 primarily Section 30.5 This calculation shall exclude all proposed nonresidential acreage from the gross acreage. SECTION 3 Section 30.8.2b of Ordinance No. 480, as amended, is hereby amended by deleting the following sentence: "Each Development Plan which is submitted for approval of a specific section or phase of the Planned Unit Development shall cover a minimum of fifty -(50) acres." and by inserting the following sentence in its place: "Each Development Plan that is submitted for approval of a specific section or phase of the Planned Unit Development shall cover a minimum of twenty (20) acres for Residential Planned Unit Developments and shall cover a minimum of five (5) acres for Non - residential Planned Unit Developments." SECTION 4 Section 30, of Ordinance No. 480, as amended, is hereby amended by adding the following: 30.3b Permitted housing types shall be limited to single family detached residential units. 30.3d The minimum residential lot size in a residential planned unit development shall be ?? to be determined by City Council SECTION 5 Ord. 480 -TT Attachment B Page 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 yard regulations 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, Ord. 480 -TT Attachment B Page 3 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 authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10 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 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.1 of the Charter of the City of Southlake. SECTION 11 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 , 2002. Ord. 480 -TT Attachment B Page 4 MAYOR ATTEST: ACTING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ord. 480 -TT Attachment B Page