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Item 6ECITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT May 29, 2013 CASE NO: ZA13-040 PROJECT: Zoning Change and Concept Plan for 250 Lilac Ln. EXECUTIVE SUMMARY: On behalf of Mel and Candi Brekhus, Sage Group, Inc. is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF-2" Single Family Residential District on property described as Tract 2B, Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant County, Texas and located at 250 Lilac Lane, Southlake, Texas. Current Zoning: AG - Agriculture District. Requested Zoning: SF-2 — Single Family Residential District. SPIN Neighborhood # 9. REQUEST: The applicant is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF-2" Single Family Residential District to remove the existing home and construct a new home. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a 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 May 15, 2013 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-637 (G) Half-size plans for Council members STAFF CONTACT: Dennis Killough (817) 748-8072 Richard Schell (817) 748-8602 Case No. ZA13-040 BACKGROUND INFORMATION OWNER: Mel and Candi Brekhus APPLICANT: Sage Group, Inc. PROPERTY SITUATION: 250 Lilac Ln. LEGAL DESCRIPTION: Tract 2B, Obediah W. Knight Survey, Abstract No. 899 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-2" Single Family Residential District CITIZEN INPUT: The SPIN #9 representative determined a SPIN meeting would not be necessary. CONSOLIDATED FUTURE LAND USE PLAN / SOUTH SECTOR PLAN: The underlying land use designation for this property is "Low Density Residential." The proposed change is consistent with the requirements of the "Low Density Residential" designation. PATHWAYS MASTER PLAN& SIDEWALK PLAN: The Master Pathways Plan shows a 6' sidewalk planned along the north side of Lilac Ln. and a proposed on -street bikeway on Lilac Ln. The property is exempt from providing a sidewalk along Lilac Ln. since it meets the exemption criteria for lots being platted as a single lot of record. Lots platted as a single lot of record must only provide sidewalks if sidewalks exist on both sides of the lot or if the lot is within 1,500 feet of a public or private school on the same side of the street. TREE PRESERVATION: An 8" elm and a 31" oak are labeled as marginal on the Tree Conservation Plan. Based on the existing tree coverage of 29.2%, the Tree Preservation Ordinance requires that 60% of the existing tree coverage be preserved. The Tree Preservation Plan (combined with the Concept Plan) shows 98.98% of the tree coverage to be preserved, which meets the requirements of the Tree Preservation Ordinance. PLANNNIG AND ZONING COMMISSION ACTION: May 9, 2013; Approved (5-0) subject to Concept Plan Review Summary No. 2, dated May 2, 2013 and Staff Report dated May 3, 2013. CITY COUNCIL ACTION: May 21, 2013; Approved on consent (7-0) at 1s' reading. STAFF COMMENTS: Revised Concept Plan Review Summary No. 2, dated May 15, 2013 is attached. Case No. Attachment A ZA13-040 Page 1 `Iq Case No. ZA13-040 Vicinity Map 250 Lilac Ln. r. 0 L ZA 13-040 Zoning Concept Plan N 250 Lilac Ln. W E s 0 220 440 880 Feet Attachment B Page 1 CONCEPT PLAN Existing Zoning: SFIA - Single Fancily Res. H� LD.D.-LOW D➢DS14S 9ESOD@9PI9L Existing Zon' g: R-PUD I \t....."�. rdTOfR M.w.. i I ...Existing Zoning: R-PUD. t as Bwla�tlg �a,s _ �`� - •-----m----------------- ------ . LD.'ID. IwD IDM DEW$Pfd IRESIDEWNf� IO UtlI Examen- -- l Ng9°-i0H"1_41G,y5 lil Liili�y Eeenxn� 7SD inssegUj ye=e,x -- - --_ _A4trees in thisy area to remaifi. etback - Mf < - ` --- - - �\ F� f y I' 1 e I � lb- aw - a mt= +111 _ ICI Future`` a \ Home Site r _ I \ I I � All trees in this rlq area to emain. e T 1 a' 1 E isting$onmg:'AG z 1 I r o'er vV A .i 1 t rr ¢d �1E1 1 rl1 •.L ___-__40'Building Lina d----•''-,-Y ____ \___ �'i __ \___, _ Y I Front Yard Sctback -I 40' - - \ a, - »'• -" `iy bu R.O.H` �!tl / �. our , wE. m.w io®c,. —"— - ------- -- - - $o LILACLANE,•nr;t.« N ° 4'1 444. Inp --------- v.a.......u.W. -------_------ Existing Zoning: RE -rRes. Estate i Existing Zoning: SF20A -Single Family Res. t z ` ' Existing Zoning: SF20Af Single Family Res. Existing Zoning: R-PUD LUM.-LOW DEWSM DEDIDENTM LAD: MMIUM DEWSIM F985DEN71AL I �, I LUX.-DDEMUM DEWSPM DEDIDEW[AL `tl\LID.®.-mmoRu�m m8ruy nEs. G Case No. Attachment C ZA13-040 Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA13-040 Review No.: Two Project Name: Concept Plan — 250 Lilac Lane APPLICANT: Curtis Young Sage Group, Inc. 1130 N. Carroll Ave. Southlake, TX 76092 Phone: (817) 424-2626 E-mail: cyoung@sage-dfw.com Date of Review: 05/15/13 OWNER: Mel and Candi Brekhus 1307 Chadwick Crossing Southlake, TX 76092 Phone: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/22/13 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 DENNIS KILLOUGH AT (817) 748-8072. Correct the area (4.482 acres) in the first sentence of the metes and bounds description to match the area in the last sentence and in the Site Data Summary Chart (4.842 acres). 2. Label the existing accessory buildings as "To Be Removed" or "To Remain". The accessory building on the eastern property line does not meet the minimum 20' side yard setback required in the SF-2 zoning district, so it will be designated as an existing nonconforming structure. Accessory buildings are not allowed to be forward of the principal structure, so depending on the placement of the new home, a Special Use Permit may be required to allow the structure to remain on the lot. 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. The plat will be a one lot plat showing that can be approved administratively. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: An 8" elm and a 31" oak are labeled as marginal on the Tree Conservation Plan. Based on the existing tree coverage of 29.2%, the Tree Preservation Ordinance requires that 60% of the existing tree coverage be preserved. The Tree Preservation Plan (combined with the Concept Plan) shows 98.98% of the tree coverage to be preserved, which meets the requirements of the Tree Preservation Ordinance. Indicates informational comment. Public Works/Engineering Review Case No. Attachment D ZA13-040 Page 1 Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sandersona-ci.southlake.tx.us No comments. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclementsa-ci.southlake.tx.us 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. 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 150 feet of all exterior portions of the perimeter of the residence on a "hose -lay" basis if un-sprinkled, and within 250 feet of all exterior portions of sprinkled residences. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) If fire apparatus access is required further than 150 feet from the public street, and approved turn- around must be provided for fire apparatus. This approved turn -around must be placed at a point where the apparatus will not be required to back-up more than 150 feet to turn around and exit the property. FIRE HYDRANT COMMENTS: The residence must be located within 1,000 feet of a fire hydrant, measured as the hose would be laid. A fire hydrant exists at the front property line. Informational Comments: A SPIN meeting was not recommended for this case. The Master Pathways Plan shows a 6' sidewalk planned along the north side of Lilac Lane. This property is exempt from providing the 6' sidewalk because it meets the exemption requirements in Subdivision Ordinance No. 483, Section 5.06.B.2.d in that there are not sidewalks on both sides of the lot and the lot is not within 1,500 feet of a public or private school on the same side of the street. Case No. Attachment D ZA13-040 Page 2 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. 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 ZA13-040 Page 3 SURROUNDING PROPERTY OWNERS 18 17 16 15 6 14 13 12 11 1 23 22 8 9 . 7 5 3 -A 19 20 1 4 2 1 E SPO # Owner Zoning I Land Use Acreage Response 1. Van Eyk, Seth Arnold SF20A Medium Density Residential 0.47 NR 2. Cunningham, Bradford Etux J R SF20A Medium Density Residential 0.51 NR 3. Partain, Foy Dale Etux Pansy M SF20A Medium Density Residential 0.61 NR 4. Marshall, Patrick J & Kathryn SF20A 100-Year Flood Plain, Medium Density Residential 0.50 NR 5. Folsom, Michael Etux Lynn SF20A 100-Year Flood Plain, Low Density Residential, Medium Density Residential 0.51 NR 6. Moravec, James Etux Lori SF1-A Low Density Residential, Medium Density Residential 3.04 NR 7. Ramirez, R Carlos Etux Pamela RE Low Density Residential, 100-Year Flood Plain 6.74 F 8. Graham, Roger D Etux Lenore T SF1-A Low Density Residential 1.36 NR 9. Russey, Charles Byrom SF1-A Low Density Residential 1.32 F 10. Evans, Michele Etvir Richard RPUD Medium Density Residential 0.27 NR 11. Guzek, Thomas P Etux Sheree L RPUD Medium Density Residential 0.24 NR 12. Roberts, R Ur Etux Kathryn RPUD Medium Density Residential 0.26 O 13. Hambery, Stephen Etux Amanda RPUD Medium Density Residential 0.26 O 14. Payne, Richard Etux Julie RPUD Medium Density Residential 0.31 NR 15. Van Niman, Steven D Etux E RPUD Medium Density Residential 0.64 NR 16. Petty, Stephan R Etux Rebecca RPUD Medium Density Residential 0.34 NR 17. Petrovich, Alexander Etux Jenn RPUD Medium Density Residential 0.33 NR Case No. Attachment E ZA13-040 Page 1 18. Barth, Bradley Etux Gillian RPUD Medium Density Residential 0.35 NR 19. Lair, Ed S Etux Lisa RPUD Medium Density Residential 0.47 NR 20. Silfies, Mark D Etux Barbara RPUD Medium Density Residential 0.29 NR 21. Timarron Owners Assn Inc RPUD Medium Density Residential 0.27 NR 22. Stevens, Barbara Anne AG Low Density Residential 4.67 NR 23• Jeff ryes, Lane D Etux Laura T AG Low Density Residential 2.38 F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-one (23) Responses Received: Five (5) — Attached - Three (3) in favor and two (2) opposed Case No. Attachment E ZA13-040 Page 2 Notification Response Form ZA13-040 Meeting Date: May 9, 2013 at 6:30 PM Russey, Charles Byrom 240 Lilac Ln Southlake Tx, 76092 40722 A 3 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 in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Additional Signature: Date: Printed Name(s): Must be property owner(s) whose name(s) are printed at top, Otherwise contact the Planning Department. One form per properly. Phone dumber (optional): Case No. Attachment E ZA13-040 Page 3 Notification Response Form ZA13-040 Meeting Date: May 9, 2013 at 6:30 PM Hambery, Stephen Etux Amanda 610 Northwood TO SoutHake Tx, 76092 42159C 52 7 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 in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: ` 7� e MFW 3 2013 Fm5:1e yJc,S ,cam cacti o� cestc)ent-toj )i�r' ncA out arc- Co n c e t r e � vl c, r eg.S 1001se n-iirw. 6acy- ok- o"r kco u se o (-\,J ca 4 tern our Vyng►se \rCj-V'Q- Signatu Date: 2q . 13 Additional Signature: _L �p Date: t_t3 Printed Name(s): 5 }-c s-'he q 4 'F\n-IQ0A �- ci Must ce property ownen;s) whose name(s) are arinted at top. Otherwise coc'act tie Plannirg fh Phone Number (optional): F 11 One form pe, oroperty. Case No. Attachment E ZA13-040 Page 4 Notification Response Form ZA13-040 Meeting Date: May 9, 2013 at 6:30 PM Jeffryes, Lane D Etux Laura T 280 Li-ac Ln Southlake Tx, 76092 A 899 21303A 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 in favor of 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: 5_,5 13 Additional Signature, -�,. t"' �� Date: 5 5'— Printed Name(s): J f4ye° Must be F4npetty ownwt s) whose name(s) are printed at top, Otherwise oontect the Fanning -sepenment. one tome :rr property Phone Number (optional): Case No. Attachment E ZA13-040 Page 5 Notification Response Form ZA13-040 Meeting Date: May 9, 2013 at 6:30 PM Ramirez, R Carlos Etux Pamela 223 Lilac Ln Southlake Tx, 76092 22866 15 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 :nfvojof opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: L] tt Ho. kE ... '�1sF _ H5 �• 14 co -cam I b4��cct i mo, Signature:Date: 1_ 1-( Additional Signature: _ J %�- 7 Date: `-/" I t j Printed Name(s): Cel (0S i 3fYI l FEZ Must be property owner(s) vihosF name(s) inted at top. Otherwise contact the Planring Department. One form per property. Phone Number (optional): Case No. Attachment E ZA13-040 Page 6 Notification Response Form ZA13-040 Meeting [late: May 9, 2013 at 6:30 PM Roberts, R L Jr Etux Kathryn 612 Northwood Td Southlake Tx, 76092 42159C 52 5 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 in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space For comments regarding your position: WAO E tWLy tAQC , a12t�oSr "Cajr J. i3C ,bus ti11� - -- oos;,D Signature:) Date: Additional Signature'-'- � Date: a5 3 Printed Name(s): - Raaa= L, 4= Ada,c+,2w) A, Muss be property owner(s) whose name(s) are printed at top. otherwise contalthe Planrdng Department One form per property. Phone Number (optional): Case No. Attachment E ZA13-040 Page 7 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-637 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 213, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-2" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment F ZA13-040 Page 1 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 Case No. Attachment F ZA13-040 Page 2 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 described as Tract 2B, Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant County, Texas, being approximately 4.84 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-2" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: May 21, 2013; Approved by City Council at 1s' Reading on consent (7-0). Case No. Attachment F ZA13-040 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. 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 Case No. Attachment F ZA13-040 Page 4 those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation Case No. Attachment F ZA13-040 Page 5 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 21st day of May, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: Case No. Attachment F ZA13-040 Page 6 ADOPTED: EFFECTIVE: Case No. Attachment F ZA13-040 Page 7 EXHIBIT "A" Being described as Tract 2B, Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant County, Texas, being approximately 4.84 acres, and more fully and completely described below: Reserved for corrected metes and bounds description Case No. Attachment F ZA13-040 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment F ZA13-040 Page 9