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Item 6K13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT December 11, 2013 CASE NO: ZA13-098 PROJECT: Zoning Change and Concept Plan for 525 N. Pearson EXECUTIVE SUMMARY: Ron Walker is requesting approval of a Zoning Change and Concept Plan on property described as Tract 1 B, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and located at 525 N. Pearson Lane, Southlake, TX. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-1A" Single Family Residential District. Spin Neighborhood # 5. REQUEST: The applicant is 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 home. The existing home will be removed. The proposed development will comply with all setback regulations in the SF-1A zoning district. The applicant is required to provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. Specifically Section 5.06(B)(2)(d) - Because the subject property is within 1,500 feet of a public school (Florence Elementary / 747 feet) the property is not exempt from this requirement. Six (6) foot sidewalks are required to be provided along Pearson Lane and Johnson Road. At 1st reading the applicant requested a variance to this requirement. Since then, the applicant has worked with staff regarding options to meeting the required sidewalk construction and has withdrawn the variance request. The Planning and Zoning Commission recommended approval of this item granting the requested variance at their November 21, 2013 meeting. On December 3rd, the City Council approved the 1st reading on consent, denying the variance request regarding sidewalk construction. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of 2nd reading for a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint (D) Concept Plan Review Summary No. 4 dated December 9, 2013 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-652 Case No. ZA13-098 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. ZA13-098 BACKGROUND INFORMATION OWNER/APPLICANT: Ron Walker PROPERTY SITUATION: 525 N. Pearson Lane LEGAL DESCRIPTION: Tract 1 B, J.G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-1A" Single -Family Residential District HISTORY: - The existing home is approximately 2,040 square feet of floor area and was constructed in 1947. - The property was annexed into the City in 1987 and given the "AG" Agricultural zoning designation. SOUTHLAKE 2030 PLAN: Consolidated Land Use Plan - The underlying land use designation is Low Density Residential. The request to change the zoning to "SF-1A" Single Family Residential District is consistent with this land use designation. Master Thoroughfare Plan - The Master Thoroughfare Plan designates N. Pearson Lane as an A3U, 3 lane undivided arterial street, with a 70 foot wide right-of-way and designates Johnson Road as C2U, 2 lane undivided collector street, with a wide 70 foot. . Pathways Master Plan - The Master Pathways Plan shows six (6) foot sidewalks planned along this portion of Johnson Road and Pearson Lane. The applicant is required to construct the sidewalks or escrow funds equal to the amount required to construct the sidewalks. WATER & SEWER: A 12" water line and an 8" sanitary sewer line exist along Johnson Road to serve the properties. TREE PRESERVATION: The proposed Tree Conservation Plan meets the Existing Tree Cover Preservation Requirements. 50% of the existing tree cover is required to be preserved and the applicant is proposing to preserve 56.90%. CITIZEN INPUT: The SPIN representative did not recommend a meeting for this case. P&Z ACTION: November 21, 2013; Approved (5-0) subject to the Staff Report dated November 15, 2013 and Staff Review Summary dated November 14, 2013; granting the requested variance to the sidewalk construction requirement. CITY COUNCIL ACTION: December 3, 2013; Approved 1st reading (6-0) on consent and denying the requested variance to the sidewalk construction requirement. Case No. Attachment A ZA13-098 Page 1 STAFF COMMENTS: Concept Plan Review Summary No. 4 dated December 9, 2013 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. Case No. Attachment A ZA13-098 Page 2 Vicinity Map 525 N. Pearson Lane JOHNSON RD City of Keller 0 L W E ZA 13-098 Zoning Change and Concept Plan • s 0 200 400 800 Feet Case No. Attachment B ZA13-098 Page 1 ,IIIIlII�I�#��II 'r s � o Concept Plan 0 Pig S, Pig I-111 A z _ a a I WALKER RESIDENCE s 525 N. PEARSON LANE sP SOUTHLAKE,TEM A ox r iozi z-A Fm IN TREE MERSATION PLAN ® Leen ing appr, by; and CONCEPT PLAN Design Group drawn by: date: 10.07.13 Case No. Attachment C ZA13-098 Page 1 Buffer Yard Plan a Ei Pearson LaneIf :I• �I Ei i / Y i hH�g�� \`\ UMYA JNOt1i AM f j asriox MaN J 9;'• ' aasoaoua cfa �Y ,sa ` LOD Ig / — LOW nkRIx tMtlA nvstlM , _ � I, a ! o m iva Ell b b8 WALKER RESIDENCE BUFFERYARD AND K �qs �•appr.7y: 525 N. PEAR5pN LANEDRAINAGE PLAN Design Group drawn hy: ,ar�50€ffHLAI¢, TEI(AS ..,,, date:10-07.13 Case No. Attachment C ZA13-098 Page 2 Variance Request Letter —WITHDRAWN 12-09-2013 Ron Walker P.O. Box 1738, Keller, TX 76244 C: 817.822.8297 10/8/2013 Re: Variance Request at 525 N. Pearson Lane, Southlake, TX Dear City of Southlake Planning and Zoning & City Council, I would like to request a variance for ordinance #483 requiring me to put in a side walk along Pearson and Johnson. I am under contract on a piece of property at the corner of Johnson and Pearson and due to the distance this property is from a Southlake school, the city ordinance (#483) requires me to put in an 8 foot sidewalk on both roads (Johnson and Pearson). However, along Johnson, there is an abundance of large trees that are several decades old. A different issue arises along Pearson, where there is a 4 foot deep drainage ditch that runs the length of the property. I feel it would be aesthetically unpleasant and harmful to the aged trees to doze them and put in a concrete structure, since these trees form a canopy over Johnson. Similarly on Pearson, the property needs this contour to allow concentrated amounts of water to freely flow past this property rather than building a structure that prevents the water from draining properly. would greatly appreciate your consideration for this variance. Thank you, Ron Walker Received OCT I 2013 Planning Dept Case No. Attachment C ZA13-098 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA13-098 Review No.: Four Date of Review: 12/09/13 Project Name: Concept Plan — 525 N. Pearson Lane (single residential lot) APPLICANT: Ron Walker OWNER: Christopher Giblin PO Box 1738 1834 Everglade Rd. Keller, TX 76248 Phone: 817-822-8296 Grapevine, TX 76051 Phone: 817-897-7811 Email: thewalkerfam4@verizon.net Email: chris@twgsupply.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/04/13 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 LORRIE FLETCHER AT (817) 748-8069 / Ifletcher@ci.southlake.tx.us or DENNIS KILLOUGH AT (817) 748-8072 / dkillough@ci.southlake.tx.us. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. Specifically Section 5.06(B)(2)(d) - Because the subject property is within 1,500 feet of a public school (Florence Elementary / 747 feet) your property is not exempt from this requirement. Six (6) foot sidewalks are required to be provided along Pearson Lane and Johnson Road. The requested variance has been withdrawn by the applicant. 2. All building setbacks shall comply with the proposed SF-1A Single Family Residential Zoning District regulations. Setback lines are measured from structure to right-of-way line. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Case No. ZA13-098 Review No. Two Dated: October 24, 2013 Number of Pages: 2 Project Name: 525 N. Pearson (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 October 24, 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. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Case No. Attachment D ZA13-098 Page 1 TREE CONSERVATION COMMENTS: The proposed Tree Conservation Plan meets the Existing Tree Cover Preservation Requirements. 50% of the existing tree cover is required to be preserved and the applicant is proposing to preserve 56.90% Except as provided by subsection 7.2.b. of Ordinance 585-D, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% — 20% 70% 20.1 — 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 40% 80.1 % - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE AND BUFFERYARDS REQUIRMENTS: Interior landscaping is not required for residential properties. The Interior Landscape Summary Chart may be removed from the Bufferyard Plan. A 10' — B Type bufferyard is required adjacent to the west property boundary line along Pearson Lane. For the distance of 207 feet the following plant material at a minimum must be installed. Canopy Tree — 4 Accent/Understory Trees — 6 Shrubs - 21 The applicant is proposing to take existing tree credits for the required bufferyard tree plantings and is providing to plant the required shrubs a required. # Denotes required items. * Denotes informational items. Case No. Attachment D ZA13-098 Page 2 Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us Case No. ZA13-098 ZA13-099 Review No. 1 Date: 10/24/13 Number of Pages: 1 Project Name: 525 N Pearson — Zoning Change, Concept Plan and Plat Showing Contact: Alejandra Ayala, P.E. 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 10/21/2012 on: 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. Sidewalk escrow fees may need to be paid prior to start of construction. 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. Street intersections must comply with TDLR/ADA accessibility standards. Sidewalk widths must conform to the Southlake Pathways Plan. Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments whenever possible. Information can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 EASEMENTS: 1. Right of way widths on the plat are shown with inconsistent widths, verify. 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. DRAINAGE COMMENTS: Case No. Attachment D ZA13-098 Page 3 Lot -to -lot drainage will not be allowed and grading plan should clearly depict how runoff will discharge onto street. 2. Culverts under driveways shall be minimum 18-inches RCP and sized by a professional engineer. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: Any hazardous waste being discharged must be pretreated, Ordinance No. 836. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements(a)ci.south lake.tx.us Case No. ZA13-099 Review No. 2 Dated: 10-23-2013 Number of Pages: 1 Project Name: 525 N. Pearson 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 1011812013. 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: An 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 - Case No. Attachment D ZA13-098 Page 4 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 1000 feet of a fire hydrant, measured as the hose would be laid, or an additional hydrant will be required. Informational Comments: All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. All property within the city developed after July 5, 1988, shall be connected with the city's sewer system if, at the time of development, a city sewer line has been constructed or extended to within 100 feet of the property line. The connection to the city's sewer system shall be a condition precedent to the granting of any certificates of occupancy for the property being developed. All building setbacks shall comply with the proposed SF-1A Single Family Residential Zoning District regulations. Setback lines are measured from structure to right-of-way line. 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, Water & Sewer Impact and Tap Fees, and related Permit Fees. All development must comply with the Subdivision Ordinance No. 483, as amended. All development must comply with the Driveway Ordinance No. 634, as amended. Denotes Informational Comment Case No. Attachment D ZA13-098 Page 5 Surrounding Property Owners 525 N. Pearson N 01 (7 3204 [S1 N (p N W 3188 fD M CEO CO 0) O o A 733007-- O O 10 0 � O m JOHNSON D 275 325 3225 3185 313155 65 3095 W N N Q N O h N W VI W 0 A N CSI Owner Zoning Land Use Acreage Response 1 . Small, Charles J & Sharon A SF1-B Low Density Residential 1.00 NR 2. Atlas, Phillip Y Etux Heather SF1-A Low Density Residential 1.53 NR 3. Trutza, Lorena Etvir Daniel SF1-A Low Density Residential 1.11 NR 4. Jones, Sandra SF1-A Low Density Residential 1.28 NR 5. Swiggart, C A & M L Moore SF1-A Low Density Residential 1.14 F 6. Boudreaux, Robert Etux Chrysta AG Low Density Residential 1.16 NR 7. Lin Peter AG Low Density Residential 1.07 NR 8. Giblin, Christopher & John T AG Low Density Residential 1.23 NR 9. Gunawardena, Yvonne D AG Low Density Residential 0.37 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Responses Received Case No. ZA13-098 Nine (9) One (1) in favor Attachment E Page 1 11-21-'13 14:25 FROM -Neiman Marcus 2145735723 Notification Response Form ZA13-098 Meeting Date: November 21, 2013 at 810 PM Swiggart, 0 A 8r M L Moore 3255 Johnson Rd Southiske Tx, 76092 31943 5 T-443 P0001/0002 F-017 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THP SCI-HF-DULED 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: Additional Signature: Printed Name(s):�- Must be property owner(s) whose name(s) are prii Phone Number (optional): Date: , l f V Date:{Z! Case No. Attachment E ZA13-098 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-652 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 1B, J.G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 525 N. PEARSON LANE, SOUTHLAKE, TEXAS, BEING APPROXIMATELY 1.234 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL 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, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. ZA13-098 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, 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, Case No. ZA13-098 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being legally described as Tract 1 B, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 1.234 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF- 1A" 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: Case No. ZA13-098 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. ZA13-098 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 of any of its provisions, then the City Secretary shall additionally publish this ordinance in the Case No. ZA13-098 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 3rd day of December, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2►,d reading the day of , 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: Case No. ZA13-098 EFFECTIVE: Case No. ZA13-098 EXHIBIT "A" Being legally described as Tract 1 B, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 1.234 acres. Case No. ZA13-098 EXHIBIT "B" Reserved for approved concept plan and zoning documents Case No. ZA13-098