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Item 4H13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT March 13, 2013 CASE NO: ZA13-017 PROJECT: Zoning Change and Concept Plan for 2009 E. Highland St. EXECUTIVE SUMMARY: Xavier and Tina Williams are requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF-1A" Single Family Residential District to allow construction of a new principal residence on property located at 2009 E. Highland St., being described as Tract 2F, T. Mahan Survey, Abstract No. 1049 City of Southlake, Tarrant County, Texas and being approximately 1.97 acres. SPIN Neighborhood # 4. REQUEST DETAILS: The applicant would like to construct a new home on property located at 2009 E. Highland St. In order to obtain a building permit, the existing tract must be rezoned and platted. The applicant is requesting a zoning change to "SF-1A" Single Family Residential District because the Future Land Use designation forthe property is Low Density Residential and the lot would be compatible with the required lot sizes in the SF-1A zoning district. If the zoning change and concept plan are approved by City Council, a one lot plat showing for the property can be approved administratively. ACTION NEEDED: 1) Consider 1st reading approval of Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information - Link to PowerPoint Presentation (D) Revised Concept Plan Review Summary No. 2, dated March 8, 2013 (E) Surrounding Property Owners Map (F) Surrounding Property Owner Responses (G) Ordinance 480-635 STAFF CONTACT: Matt Jones (817) 748-8269 Dennis Killough (817) 748-8072 Case No. ZA13-017 BACKGROUND INFORMATION OWNER/APPLICANT: Xavier and Tina Williams PROPERTY SITUATION: 2009 E. Highland St. LEGAL DESCRIPTION: Tract 2F, T. Mahan Survey, Abstract No. 1049 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District HISTORY: -The property was annexed in 1956 -The current residence was built in 1978 (source: TAD). SOUTHLAKE 2030 PLAN: Future Land Use Plan The underlying land use designation for this property is "Low Density Residential". The proposed development is consistent with the recommended scope of uses under the "Low Density Residential" land use designation. Pathways Master Plan The Pathways Master Plan and Sidewalk Plan show an on -street bikeway and a planned 8' multi -use path along E. Highland St. The property must be platted prior to issuance of a building permit. The property is not exempt from providing sidewalks as required by the Subdivision Ordinance since the property is within 1,500 feet of a public school on the same side of the street. Funds for a four (4) foot sidewalk along the length of E. Highland St. adjacent to the property will be required to be escrowed and the eight (8) foot multi -use trail shown on the Pathways Plan will be constructed by the City in the future. WATER & SEWER: The property is served by a 6" water line running along E. Highland St. The property is not currently served by City sewer. TREE PRESERVATION: The minimum required tree cover to be preserved is sixty percent (60%). The applicant is proposing to preserve sixty-three percent (63%) of the existing tree cover which is compliant with the Tree Preservation Ordinance. The proposed Tree Preservation Plan shows trees to be saved in red and trees to be removed in blue. P&Z COMMISSION: On March 7, 2013 approved (4-0) subject to Revised Concept Plan Review Summary No. 2 and Staff Report dated March 1, 2013. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 2, dated March 8, 2013. Case No. Attachment A ZA13-017 Page 1 E. Kirkwoo Vicinity Map I Mahan No. 1049 City of Grapevine ZA13-017 Zoning Concept Plan 2009 E. Highland St. N w E 0 350 700 1,400 s Feet Case No. Attachment B ZA13-017 Page 1 N O O N s s r I PROPOSED CONCEPT PLAN RO.W _ —— 200g E. HIGHLAND STREET C45P ZA13-011 PLOT PLAN Distinctive Dwellings 1 _ILm 2009 E. NICzNLANp STREET Dwell in the possibilities LOT 2 T, MANAN 01049 App'T 5MTNLAKE, Tx ELITE DE51GN NOME5 WILLIAMS RE5IDENGE 12,% Main Street Suite 277 Soutlhlake, Tcxss 7609Z it 817 481 1Z49 f. 817 416 8773 2-21-13 Builder/Owner to verify and check all aspects of this site and plot plan prior to any construction 12002 Case No. Attachment C ZA13-017 Page 1 Case No.: ZA13-017 REVISED CONCEPT PLAN REVIEW SUMMARY Review No.: Two Project Name: Zoning Concept Plan — T. Mahan No. 1049 Addition APPLICANT: Elite Design Homes 211 E. Southlake Blvd. #111 Southlake, TX 76092 Phone: 817-896-1841 Fax: Date of Review: 03/08/13 OWNER: Xavier and Tina Williams 2212 Patterson Way Southlake, TX 76092 Phone: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/01/13 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. Show and label the distance to the nearest fire hydrants from property corners. This can be provided on the utility plan. Fire hydrants are located approximately 225 feet to the east of the property on E. Highland St. and 630 feet to the west of the property on Stanhope Ct. 2. The property is not exempt from providing sidewalks as required by the Subdivision Ordinance since the property is within 1,500 feet of a public school on the same side of the street. Funds for a four (4) foot sidewalk along the length of E. Highland St. adjacent to the property will be required to be escrowed and the eight (8) foot multi -use trail shown on the Pathways Plan will be constructed by the City in the future. 3. The concept plan must show all easements and the required right of way dedication. Verify the required right of way dedication with Public Works. 4. The 40' front building line should be shown from the right of way line after the required right of way dedication. Case No. Attachment D ZA13-017 Page 1 Case No. ZA13-017 Review No. Two Dated: March 8, 2013 Number of Pages Project Name: T Mahan No 1049 (Zoning & Concept Plan) Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713 --------------------------------------------------------------------------- --------------------------------------------------------------------------- The following comments are based on the review of plans received on January 28, 2013 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: The proposed tree removal is compliant with the canopy tree cover preservation regulations of the Tree Preservation Ordinance. The applicant is required to preserve sixty percent (60%) of the existing tree cover and is proposing to preserve sixty-three percent (63%) of the existing tree cover. There are approximately 80 trees on the property and the applicant is proposing to remove 36 of the existing trees for the construction of the proposed house. According to the submitted Tree Preservation Plan all of the trees on the site are made up of Hackberry, Mesquite, China Berry, Mimosa, Willow, and Paper Mulberry. A majority of the trees on the site are not quality trees and most are considered invasive species to the Cross Timbers region. Indicates informational comment. # Indicates required items comment. Case No. Attachment D ZA13-017 Page 2 Public Works/Engineering Review Case No. ZA13-017 Review No. 2 Date: 3/1/13 Number of Pages: 1 ZA13-018 Project Name: T Mahan No. 1049 — Zoning Change & Concept Plan T Mahan No. 1049 — Plat Showing Contact: Alex Ayala — Civil Engineer Email: aayala(a_ci.south lake.tx.us Phone: (817) 748-8274 Fax: (817)748-8077 The following comments are based on the review of plans received on: 3/1/2013 It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. This review is preliminary. Additional requirements may be necessary with the review of construction plans. GENERAL COMMENTS: 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. 2. All fire lane radii must comply with Fire Department standards. A 10-foot radius may need approval from the Fire Marshal. Label driveway width. 3. Verify location of privacy wall to insure that the footing will not encroach onto City's right-of-way. 4. Sidewalk widths must conform to the Southlake Pathways Plan. Funds for a four (4) foot sidewalk along the length of E. Highland St. adjacent to the property will be required to be escrowed and the eight (8) foot multi -use trail shown on the Pathways Plan will be constructed by the City in the future. EASEMENTS: 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, SEWER AND DRAINAGE COMMENTS: 1. A minimum 18" RCP culvert may be required under proposed driveway. Please contact the Public Works Department. 2. Retaining walls greater than 4-feet high will require structural engineering plans designed and sealed by a Professional Engineer to be submitted to the Building Inspections Department. 3. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. The water meters must be located in an easement or right-of-way. This development will be served by septic system. Septic systems are regulated by Tarrant County. Any hazardous waste being discharged must be pretreated, Ordinance No. 836. Fire Department Review Case No. Attachment D ZA13-017 Page 3 Case No. ZA13-017 Review No. 1 Dated: 02-06-2013 Number of Pages: 1 Project Name: T Mahan No 1049 Contact: Kelly Clements, Assistant Fire Marshal Phone: 817-748-8233 Fax: 817-748-8181 The following comments are based on the review of plans received on 01-28-2013. Comments may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. ------------------------------------------------------------------------ ------------------------------------------------------------------------ GENERAL COMMENTS: Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per 2009 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. If a sprinkler system is required, a hydraulic analysis must be performed to ensure that there is a 10 lb. pressure safety margin. All residential fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of sprinkled residences. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, 10 feet wide and able to support the imposed loads of fire apparatus. (Minimum of 80,000 pounds GVW) FIRE HYDRANT COMMENTS: The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid. Fire hydrants are located approximately 225 feet to the east of the property on E. Highland St. and 630 feet to the west of the property on Stanhope Ct. Case No. Attachment D ZA13-017 Page 4 Building Department Review Case No. ZA13-017/018 Review No. 2 Dated: 3/1/13 Number of Pages: 1 Project Name: 2009 E Highland St, SF-1A Contact: Susan Hernandez, Plans Examiner Phone: 817-748-8238 Fax: 817-748-8241 ------------------------------------------------------------------------ ------------------------------------------------------------------------ The following comments are based on the review of plans received on. Comments maybe incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. ------------------------------------------------------------------------ ------------------------------------------------------------------------ Building code: Verify any required ROW dedication with Public Works. Fire sprinklers are required for residences over 6,000 square feet. The concept plan must show all easements or ROW dedication. The front building line should be shown from the ROW line. An engineered drainage plan is required for permit submittal. Case No. Attachment D ZA13-017 Page 5 Informational Comments: All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. 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 property must be platted prior to issuance of a building permit. Subdivision Ord. No. 483, Section 5.06.B.2.a, as amended, requires sidewalks on both sides of all public and private streets in all residential subdivisions platted or replatted after the effective date of the ordinance. Funds for a four (4) foot sidewalk along the length of E. Highland St. adjacent to the property will be required to be escrowed and the eight (8) foot multi -use trail shown on the Pathways Plan will be constructed by the City in the future. 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 D ZA13-017 Page 6 Surrounding Property Owners 2009 E. Highland St. 4 5 10 16 15 4 9 11 6 7 12 8 L 13 2 1 SPO # Owner Zoning Land Use Acreage Response 1. Gateway Church NRPUD Mixed Use 20.94 NR 2 Patterson, Burton H Etux Virg AG Medium Density Residential, Low Density Residential, 1.36 F 3. Patterson, Burton Etux Virgini SF1-A Low Density Residential 0.40 NR 4. Pierce, Lee Roy SF1-A Low Density Residential 4.33 NR 5. Patterson, Burton Etux Virgini SF1-A Low Density Residential 2.44 NR 6. Cook, Steven E Etux Katherine SF1-A Low Density Residential 1.32 NR 7. Hardin, Roger D Etux Ann C SF1-A Low Density Residential, 1.41 NR 8. Huning, Eric Etux Mary SF1-A Low Density Residential 2.61 F 9. McCarroll, Terry Etux Kathryn SF1-A Low Density Residential 0.89 NR 10. Milstead, Robert Etux Michelle SF1-A Low Density Residential 0.85 NR 11. Huning, Eric Etux Mary AG Low Density Residential 0.13 NR 12. Williams, Xavier D Etux Tina AG Low Density Residential 2.03 NR 13. Huning, Eric A Etux Mary AG Low Density Residential 0.81 NR 14. Medearis, Ervin S SF1-A Low Density Residential 0.44 NR 15. Berends, Mary L SF1-A Low Density Residential 0.47 NR 16. Sutton, George SF1-A Low Density Residential 0.43 F Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Fourteen (14) Responses Received: Three (3) in favor NR: No Response Case No. Attachment E ZA13-017 Page 1 Surrounding Property Owner Responses Notification Response form ZA 13-017 Meeting Date: Iltarch 7, 2013 at S. .30 PM Huning, Eric Etux Mary 2145 E Hrgirland St outhlake Tx, 76092 Al049 2E PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVER 13EFORE THE START OF THE SCHEDULED PUBLIC HEARrNO, Y Being the o-wner(s) of the -h ro e ftY so noted above, are Hereby favar of_v.-' cpposed to undecided about r�. (CircJe or undedfne one) the Proposed Zoning Change and Concept Plan referenced above. Pace farcommgrtts regarding your positron; Signature: f Date., ! Additional Signature; Printed Ivame(s): Mue¢ ha oraper(y osvn'0* whoEe [hp I�nn names afn ? "' � () P�+n�a al tomse aarota�t m L1e 9 Pararher . re form per property. Phone Number (Optional). Case No. Attachment F ZA13-017 Page 1 Notification Response Form ZA 13-017 Meeting Date: March 7, 2013 at 6:30 PM Sutton, George 2002 F Highland 5t Southlake Tx, 76092 A1511 2A08 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby Q n favor o opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Date: Additional Signature: Date: Printed Name(s): 0.// Must be property owners) whose•name(s printed at tap. t emdge contact the Plarning Department. One form per propnrty- ��� Phone Number (optional): �. � �- Case No. Attachment F ZA13-017 Page 2 BHP�Ff�C�PLTP 817416094eQ P.01 Notification Response Form ZAla-017 Meeting Date: March 7, 2013 at 6:30 PM Patterson, Burton B Flux Virg 2809 Rainforest Ot Sbuthiako Tx, 76002 17075 1 b ? 20 PLEASE PROVIDE COMPLETE{ FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEOULED VUt3 ,IC HEARING. Being the owner(s) of the property sty noted above, are hereby in favar of opposed to undecided about (circle or underline one)the proposed Zonin g Charge and Concept Plan referenced agave. Space fOt comments regarding your position: Signature: Date: Additional Signature: Date: r�� f Printed Nalrte(s): _,� y le Te, MuM fie properly um fwz� sj w o+ w came{y1 are printed it tr.p 6thr. wi n rant the Planning Department. Dne form per properly. Phone Number (optional): Case No. Attachment F ZA13-017 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-635 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 TRACT 2F, T. MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.97 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, 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, Case No. Attachment G ZA13-017 Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 and 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, Case No. Attachment G ZA13-017 Page 2 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 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 Case No. Attachment G ZA13-017 Page 3 Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: BEING DESCRIBED AS TRACT 2F, T. MAHAN SURVEY, ABSTRACT NO.1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.97 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", AND SUBJECT TO THE FOLLOWING CONDITIONS: • Reserve for conditions of City Council 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 Case No. Attachment G ZA13-017 Page 4 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 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. Case No. Attachment G ZA13-017 Page 5 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. PASSED AND APPROVED on the 1st reading the 191" day of March, 2013. MAYOR Case No. Attachment G ZA13-017 Page 6 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 2nd day of April, 2013. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: MAYOR ATTEST: CITY SECRETARY EXHIBIT "A" Being on property described as: TRACT 2F, T. MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Case No. Attachment G ZA13-017 Page 7 EXHIBIT "B" P.W. 2009 E. HIGHLAND STREET CASE' ZA13-017 PLOT PLAN p 200'3 E. HIGHLAND 5TREET //// lI>; r 11 lit I/rr lr a.. it ullir.50UTHLA<E, Tx LITE DE IGN HOME5 * Builder/Owner to verify and check all aspects of this site and plot plan prior to any construction 12002 Case No. Attachment G ZA13-017 Page 8 Case No. Attachment G ZA13-017 Page 9