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Item 6DCITY 01 SOUTHLAKE Department of Planning & Development Services STAFF REPORT October 31, 2012 CASE NO: ZAl2 -075 PROJECT: Zoning Change & Site Plan for Clearview Eycare and Laser Center EXECUTIVE SUMMARY: REQUEST DETAILS: ACTION NEEDED: ETA areTel :IJi121 ki 11 &1 STAFF CONTACT: Blake Architects, on behalf of Clearview Eyecare and Laser Center is requesting approval of a Zoning Change and Site Plan from "S -P -1" Detailed Site Plan District to "S -P -1" Detailed Site Plan District for Clearview Eyecare and Laser Center on property described as Lot B, Block B, Briarwood Estates, City of Southlake, Tarrant County, Texas; and located at 1980 E. SH 114, Southlake, Texas. SPIN Neighborhood # 4. The proposed zoning change and site plan will allow for the construction of a 918 s.f. surgery room addition to an existing 11,476 s.f. medical office building. The total proposed building area will be 12,394 s.f. The proposed "S -P -1" uses will amend the current parking regulations to allow for 71 spaces for 12,394 square feet of building or 1 space per 174 square feet of floor area. 1) Conduct a public hearing 2) Consider 2 nd reading approval of a Zoning Change and Site Plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information- Link to Presentation (D) Site Plan Review Summary No. 3, dated October 10, 2012 (E) Surrounding Property Owners Map (F) Surrounding Property Owner Responses (G) Ordinance No. 480 -447a (H) Full Size Plans (for Commission and Council Members Only) Dennis Killough (817)748 -8072 Matt Jones (817)748 -8269 Case No. ZAl2 -075 BACKGROUND INFORMATION /e1 »I[91e1►1116 PROPERTY LOCATION: PROPERTY DESCRIPTION LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING 1:16 to] Zvi x:191119: 1 W_ 1: / X11 I� � 1 l:J W_ 1 Ll Clearview Eycare and Laser Center Blake Architects 1980 E.SH114 Lot B, Block B, Briarwood Estates Office Commercial "S -P -1" Detailed Site Plan District "S -P -1" Detailed Site Plan District October 19, 2004, City Council approved a Zoning Change and Site Plan (ZA04 -051) for S -P -1 zoning allowing C -2- Local Retail Commercial uses. Consolidated Land Use Plan The underlying land use designation of this property is "Office Commercial ". The proposed addition to the medical office is consistent with the recommended scope of uses under the "Office Commercial" land use designation. In addition, this property is included in the SH 114 Corridor Plan. The Corridor Plan recommends office uses in the area. N CITIZEN INPUT Case No. ZAl2 -075 Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan shows an 8' Muli -Use Trail along E. SH 114 as well as an On- Street Bycicle lane. There is currently an 8' path infront of the subject property along E. SH 114. Typically a 5' sidewalk would be required with this development along Briarwood Dr., however the City Engineer has determined that this requirement is not "Roughly Proportional" to the development. Therefore the sidewalk will not be required. No SPIN meeting held has been held, a public hearing will be conducted at the Attachment A Page 1 Planning and Zoning Commission and City Council meetings PLANNING & ZONING COMMISSION: October 4, 2012; Approved (7- 0),subject to Site Plan Review Summary No. 2, dated September 26, 2012 and Staff Report, dated September 28, 2012. CITY COUNCIL: October 16, 2012; Approved 1 reading (6- 0),subject to Site Plan Review Summary No. 2, dated September 26, 2012 and Staff Report, dated September 28, 2012. STAFF COMMENTS: This site shall comply with all regulations of the current "S -P -1" zoning except as otherwise proposed by this case and approved by City Council. Attached is Site Plan Review Summary No. 3, dated October 10, 2012. Case No. Attachment A ZAl2 -075 Page 2 Vicinity Map Clearview Eyecare and Laser Center L 0 O O J L m U S.H. 114 S IP a` r ��'''�•• ZAl2 -075 Zoning Change and Site Plan 1980 E. SH 114 N I` 0 230 460 920 s Feet Case No. Attachment B ZAl2 -075 Page 1 ZONING NARRATIVE LAL B LA KF. ARCHI TECTS 1202 S. White Chapel Road 0 Suite A Southlake, Texas 76092 817 - 488 -9397 September 17, 2012 Planning Department City of Southlake, Texas Ref: Clearview Eyecare: Case Number ZAl2 -075: SP -1 Regulations Dear City of Southlake: The purpose of this letter is to request "in- filling" four of the existing covered parking spaces on the north (rear) side of the existing facility with a new surgery room. This would reduce the number of parking spaces at this facility from seventy -five spaces to seventy -one spaces. Per this SP -1 the parking regulations would be as follows: a. First 1,000 square feet of medical office: 8 parking spaces b. Additional 9,857 square feet of medical office: 55 parking spaces (179 square feet per parking space) c. Retail Space: 1,537 square feet: 8 parking spaces (200 square feet per parking space) Total building square footage : 12,394 square feet Total parking spaces: 71 spaces (174 square feet per space) Sincerely, e�w) &A"., I er (Skip) Blake, Architect Case No. Attachment C ZAl2 -075 Page 1 SITE PLAN L6C6- 99Y -L19 • Z609L SOM '3NV1H1I105 5'dX31 '3JIH'1H1f105 9 'J0019 r 9 '101 tl 311fIS WON l3dtlH0 3LHM 'S LOZI N;3� Z3S 91001MOW O T � A� \ .13 ffi 8� R sR G[ Q � a Q N � F y� 5 > R E �a a� a ff z m Q 9a o "m Lu + S m Q 9a o "m Lu N F L a I I r I I I I r �O I I A O I 1 I atv�sHmn6 v, aeu s ��- I <. � Q ► I I 19 y tiff Ju P AL u !lll S Y_ ► A ar AX0� y 1 ��4 �w �� / � @ � ` � � � x l �� 8� t I � I y- i i } I , S aui sxa�Nn ac _ � I / >uu ar4muaa I .a aua mnA4HU�H.m r I I�� I — — — — — — — — — — — — — — — — — — — — — — Ell (AYM901HOW.09) 3MUG 000MMUG 1 I __ - -__- ____ ____ __ __ Case No. Attachment C ZAl2 -075 Page 2 ELEVATIONS csts esa — • Z609L sex31 'DviHinos SHX31'TAVIH1005 9 ° 19019'9'101 V 3Lns • WON 33dVHO 3LIHM ''s ZOZI w w pp gp &� Q 6 Y �< ap � n I S N V Y Z ® pp gp &� Q 6 Y �< ap y S o� a� D N os a� �a w w Q U1 o� a� K Q Attachment C Page 3 Case No. ZAl2 -075 q�idde W w U Ln a w Li- LL m Case No. ZAl2 -075 L LLI V U 02: Z = g Ln W 0 6 0 Lf) wo Z �g LANDSCAPE PLAN V9ABh2ti6ef 551'f9i ZL6 StlX31 I 3AV1H1flOS dno u6sa0 b11 AVMH9IH 31tl1S'3 OOTZ 6uiwaad I NVId 3RDSONVI �RND �3Shc Pup 3� DIA3 M3IMO) g 3 ff ae Bs9 � _ _ _ � = J j a x N a g� a � q H Y 9a u f i;�S d.tl 29 L LLI V U 02: Z = g Ln W 0 6 0 Lf) wo Z �g LANDSCAPE PLAN V9ABh2ti6ef 551'f9i ZL6 StlX31 I 3AV1H1flOS dno u6sa0 b11 AVMH9IH 31tl1S'3 OOTZ 6uiwaad I NVId 3RDSONVI �RND �3Shc Pup 3� DIA3 M3IMO) g 3 ff ae Bs9 � _ _ _ � = J j a x N a g� a � q H Y RRH -0 Za N3a A_ H a sp o s 3 N Qm a s�� oWgF " -r`sa g tQ sgsz �s 5 52 115; It =9s3 FIVI g Q �a=5�2 Attachment C Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZAl2 -075 Review No.: Three Date of Review: 10/10/12 Project Name: Site Plan — Clearview Eyecare APPLICANT: Blake Architects 1202 S. White Chapel Blvd. Southlake, TX 76092 Phone: (817) 488 -9397 Fax: (817) 251 -3205 Owner: Clearview Eycare 2100 E. State HWY 114 Southlake, TX 76092 Phone: (817) 329 -2700 Fax: (817) 329 -8322 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/17/12 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 MATT JONES AT (817) 748 -8269. 1. Provide an updated landscape plan to reflect the existing as well as required landscape areas. The landscape plan must be submitted in color. Case No. Attachment D ZAl2 -075 Page 1 Tree Conservation /Landscape Review Case No. ZAl2 -075 Review No. One Dated: August , 2012 Number of Pages: 1 Project Name: Clearview Eyecare and Laser Center (Site Plan) Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review of plans received on August 15, 2012 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. TREE CONSERVATION COMMENTS: No existing trees are proposed to be altered for the construction of the proposed building addition. LANDSCAPE COMMENTS: The proposed building addition does not exceed 30% of the existing building square footage or 5,000 square feet so only additional interior landscaping is required for 50% of the square footage of the building addition (459 sq.ft.). 1 — Canopy Tree 2 — Accent Trees 11 — Shrubs 69 sq.ft. — Ground Cover 9 sq.ft. — Seasonal Color 2. The submitted Landscape Plan is the original Landscape Plan from 2004 and needs to be updated to reflect the existing landscape and the new required landscaping. 4 - Indicates required items. * - Indicates informational items. Case No. Attachment D ZAl2 -075 Page 2 Public Works /Engineering Review Case No. ZAl2 -075 Review No. 1 Date: 8/30/12 Number of Pages: 1 Project Name: Clearview Eyecare & Laser Center Site Plan 1 Contact: Alex Ayala — Civil Engineer Email: aayala@ci.southlake.tx.us Phone: (817) 748 -8274 Fax: (817) 748 -8077 The following comments are based on the review of plans received on: 8/15/2012 It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. It] Ell 111 Ell :711 WaT197JiIJiI Ell h11&1 A ROW permit shall be obtained from the Public Works Operations Department for connections with the City's sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748 -8082. Use the City of Southlake GPS monuments whenever possible. IMEF -]NI JiI Ell ill 11�'31 Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. WATER AND SEWER COMMENTS: * Water meters, water lines and sewer lines must be located in an easement or right -of -way. Sewer line needs to be verified to insure the addition will not be built over the service. DRAINAGE COMMENTS: * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. I ill 1 ;101Nkyi /el1[07► Fill Wd97Jil►yil Ell ill 11 &1'3a * Submit 4 copies of the civil construction plans (22" x 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. http:// www. citvofsouthlake. com/ Pub ]icWorks /engineeringdesign.asp * An access permit from TxDOT is required prior to construction if any improvements are to be made along the TxDOT right -of -way. Submit application and plans directly to TxDOT for review. * 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. Case No. Attachment D ZAl2 -075 Page 3 Informational Comments: Typically a 5' sidewalk would be required with this development along Briarwood Dr., however the City Engineer has determined that this requirement is not "Roughly Proportional" to the development. Therefore the sidewalk will not be required. This site shall comply with all regulations of the current "S -P -1" zoning except as otherwise proposed by this case and approved by City Council. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view right -of -ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. It appears that this property lies within the 65 or 75 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. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. Denotes Informational Comment Case No. Attachment D ZAl2 -075 Page 4 •• 1. Owner T2T Property Holdings Llc 01 Mixed Use, Mixed Use 1.01 Respo NR 2. T2T Property Holdings Llc 01 Mixed Use, Mixed Use 1.02 NR 3. T2T Property Holdings Llc 01 Mixed Use, Mixed Use 0.99 NR 4. Reynal, John Etux Beverly S MF1 Mixed Use 1.14 NR 5. Van Til, John J MF1 Mixed Use 1.01 NR 6. First Financial Trust & Asset MF1 Mixed Use 0.98 NR 7. Halim, Emil A MF1 Public /Semi - Public, Mixed Use 0.96 NR 8. Harris, Kimberly Susan SF1 -A Public /Semi - Public, Mixed Use 0.94 NR 9. Ekstrom, Delton E SF1 -A Mixed Use 0.99 NR 10. Fusselman, Bruce Etux Michelle C3 Mixed Use, Office Commercial 1.80 NR 11. Coty, Rita SF1 -A Mixed Use 1.00 NR 12. Clth And Ar Associates Inc MF1 Office Commercial, Mixed Use 0.50 NR 13. Clth And Ar Associates Inc MF1 Mixed Use 0.50 NR 14. Paradis, Thomas MF1 Mixed Use 0.94 NR 15. Van Til, Robert Etux Bonnie MF1 Mixed Use 1.15 NR 16. Moss, Angelia J Etvir Jack A SF1 -A Mixed Use 1.09 NR 17. Kaufman, James C & Denise Hine SF1 -A Mixed Use 1.35 NR 18. Perkinson, Douglas Able SF1 -A Mixed Use 1.03 NR 19. Towry, John Earl SF1 -A Mixed Use 1.13 NR 20. Hames, Jesse Etux Carol MF1 Office Commercial, Mixed Use 1.03 NR 21. Cardarelli, Paul & Doris C2 Office Commercial, Mixed Use 1.05 NR 22. Lr Southlake Partners Lp SP1 Office Commercial, Mixed Use 1.53 NR 23. Bth & Ra Associates Inc MF1 Mixed Use 0.54 NR 24. Briarwood Townhomes Lp MF1 Mixed Use 0.57 NR 25. Driggers, Randall D Etux Debor SF1 -A Mixed Use 1.06 NR 26. Ojo, Oluwasanjo J SF1 -A Mixed Use 1.07 NR SURROUNDING PROPERTY OWNERS Clearview Eyecare and Laser Center Case No. Attachment E ZAl2 -075 Page 1 27. Pafel, Thomas D Etux Marcia L SF1 -A Mixed Use 1.05 NR 28. Brown, Ronni Etvir Richard SF1 -A Mixed Use 1.29 NR 29. Mc Properties Inc SP1 Office Commercial, Mixed Use 1.14 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received: Twenty Six (26) None (0) NR: No Response Case No. Attachment E ZAl2 -075 Page 2 PROPERTY OWNER RESPONSES I ill [•TiT' Case No. Attachment F ZAl2 -075 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -447a 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 LOT B, BLOCK B, BRIARWOOD ESTATES; AND BEING 1.523 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL - RETAIL DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL - RETAIL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "S -P -I" DETAILED SITE Case No. Attachment G ZAl2 -075 Page 1 PLAN DISTRICT under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should 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 their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning Case No. Attachment G ZAl2 -075 Page 2 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 Lot B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant County, Texas, and being approximately 1.523 acres, and more fully and completely described in Exhibit "A ", and subject to the following specific conditions: RESERVED FOR APPROVED CONDITIONS SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Case No. Attachment G ZAl2 -075 Page 3 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. 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 Case No. Attachment G ZAl2 -075 Page 4 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 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. Case No. Attachment G ZAl2 -075 Page 5 PASSED AND APPROVED on the 1st reading the 16 day of October, 2012. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 6 th day of November, 2012. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: Case No. ZAl2 -075 Attachment G Page 6 EFFECTIVE: Case No. ZAl2 -075 Attachment G Page 7 EXHIBIT "A" Being Lot B, Block B, Briarwood Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -139, Pages 7 & 8, Plat Records, Tarrant County, Texas. Case No. Attachment G ZAl2 -075 Page 8 EXHIBIT `B" RESERVED FOR APPROVED SITE PLAN Case No. Attachment G ZAl2 -075 Page 9