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Item 6ACITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT May 14, 2014 CASE NO: ZA14-018 PROJECT: Zoning Change and Concept Plan for 1711 Maranatha Way EXECUTIVE SUMMARY: On behalf of Monty Patterson, Loyd Bransom Surveyors, Inc. is requesting approval of a Zoning Change and Concept Plan for 1711 Maranatha Way on property described as Tracts 1 A and 1 A5, William Winn Survey, Abstract No. 1660, City of Southlake, Tarrant County, Texas, and located at 1711 Maranatha Way, Southlake, Texas. Current zoning: "AG" Agricultural District. Proposed 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 on the property. An application for a one -lot plat showing, which can be administratively approved, has also been submitted. VARIANCE REQUESTED: A variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a public or private street, is requested. Maranatha Way is currently a private street that doesn't meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding private streets. The applicant is requesting a variance to allow the lot to front on Maranatha Way as it currently exists and has submitted a letter agreeing maintain Maranatha Way to a level that will allow emergency vehicles to respond to emergencies. 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 (D) Concept Plan Review Summary No. 2 dated April 10, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-663 (G) Half Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA14-018 BACKGROUND INFORMATION OWNER: Monty Patterson APPLICANT: Loyd Bransom Surveyors, Inc PROPERTY SITUATION: 1711 Maranatha Way LEGAL DESCRIPTION: Tracts 1A and 1A5, William Winn Survey, Abstract No. 1660 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-1A" Single -Family Residential District HISTORY: -The property was annexed into the City in 1987 and given the "AG" Agricultural zoning designation. -An existing house was removed in 2006 after being destroyed by fire. SOUTHLAKE 2030 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. :eVA 9:1►lyliv& MASTER PLAN: The subject property is exempt from the sidewalk requirement for Maranatha Way because sidewalks do not exist on both sides of the lot and the lot is not located within 1500' of a public or private school on the same side of the street. A sidewalk was constructed on Davis Blvd. with the construction of the street. WATER & SEWER: This site is currently serviced by a 6" water line in Maranatha Way. City sewer is not available, so the site will be served by a private septic system. DRAINAGE COMMENTS: Drainage is from west to east on the property. TREE PRESERVATION: The proposed construction complies with the existing tree canopy preservation regulations of the Tree Preservation Ordinance. Sixty (60) percent of the existing tree canopy is required to be preserved and approximately seventy- seven (77) percent is shown to be preserved. CITIZEN INPUT: The SPIN representative did not recommend a meeting for this case. PLANNING AND ZONING COMMISSION ACTION: April 17, 2014; Approved (4-0) subject to the Concept Plan Review Summary No. 2, dated April 10, 2014, further subject to the staff report dated April 10, 2014, and approving the variance requested subject to the applicant's installation and maintenance of the access easement and turnaround consistent with City standards for access of the property by emergency vehicles. Case No. Attachment A ZA14-018 Page 1 CITY COUNCIL ACTION: May 6, 2014; Approved on consent at 1st reading (7-0) approving the variance for the lot to not front on a public street. STAFF COMMENTS: Concept Plan Review Summary No. 2 dated April 10, 2014 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. Case No. Attachment A ZA14-018 Page 1 Vicinity Map 1711 Maranatha Way Text ZA14-018 MITI :I Zoning Change and Conceit Plan 1 1,050 � Feet Case No. Attachment B ZA14-018 Page 1 Variance Request Letter March 17, 2014 To: City of Southlake Ref 1711 Maranatha Way Lot 5 W. Winn No. 1660 Addition Southlake, TX 76092 ZA 14-018 At this time the above referenced property does not have access to a dedicated public Right of Way. We the owners of said property are requesting a variance to allow this property to continue access along Maranatha Way a private access easement. Minimum city standards for use of the access easement will be provided for access of the property and for use by emergency vehicles. Thank you for your consideration in the matter. MontyVatteri4n Case No. Attachment C ZA13-043 Page 1 U U z C, coot. o . S89.5i.W 8"E zI q 0 ` II O T Ill 0 \ W Ei 100) 6 76.5 e �g� CONCEPT PLAN ZONING, 'AG' AGRICULTURE FUTURE LAND USE DESIGNATION! RESIDENTIAL --NAFA "6� E�56.67 0 / N Jph' N c 5 i� -4BS RAD�BSS } S`88'51'60"W 386. ZONINGI 'AG' AGRICUL FUTURE LAND USE DESIGNATION: PWJ-MARANTHA LLC COUNTY CLERKS NO' 212026603 D.R.T.C.T. AD #1 ABI STR Cp' NORI,�Y 0 o RE HYDRANT z O r (La a z F 9m� s .po � i N ;i IQ Q p' �1 �o� o wac1+ W I '4 IN O FM p0 ^mZiV K t� t\ 2 l t\ II O N Q = O F M � O 0 Q O F � a a O<a Z I z� 30 � 3 E, N � E, m ` > Case No. Attachment C ZA13-043 Page 2 Case No.: ZA14-018 CONCEPT PLAN REVIEW SUMMARY Review No.: Two Project Name: Concept Plan — 1711 Maranatha Way le1»NI[SIX111 i:31111111: • • M Loyd Bransom Surveyors, Inc. 1028 N. Sylvania Ave. Fort Worth, TX 76111 Phone: (817) 834-3477 E-mail: survey1968@swbell.net Date of Review: 04/10/14 OWNER: Monty Patterson 1404 Exeter Ct. Southlake, TX 76092 Phone: (817) 410-8512 E-mail: monty@virtualpackaging.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/31/14 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. This tract of land does not currently front on a public street maintained by the City of Southlake. Maranatha Way is considered a private street and was put in place prior to annexation of this property into the City of Southlake. Any new construction, platting or subdivision of this property will require that the lot(s) front a street in accordance with the City's Subdivision Ordinance No. 483, as amended. Please be aware that a condition of approval for properties on this street and similar streets that are not maintained by the City is that the property owner acknowledges that he or she will be responsible for maintaining the street as needed. A Variance request letter has been submitted to allow the lot to front on Maranatha Way and the letter acknowledges that emergency access meeting the minimum City standards will be provided by the property owner. Label the curve radii of the fire access turnaround. A minimum 30' radius is required. 3. Driveway Ordinance No. 634, Section 5.3c, as amended contains the following language, which will apply to driveway access to Davis Blvd. c. ACCESS TO MAJOR STREET FACILITY: Driveway access to a residential lot from any major street facility shall not be permitted unless that lot has no other public access. If such a driveway is approved on a major street facility, an off- street maneuvering area approved by the Director shall be provided to ensure that vehicles will not back into the public street. Driveway access to a residential lot from a collector street may be denied if either (a) the lot has access to a local street or (b) the proposed access would create a traffic flow or safety problem unless there is no other access. Case No. Attachment D ZA14-018 Page 1 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: One tree in front of the proposed house is in the area to be graded. Please show the tree in red as "To Be Removed" or in yellow as "Marginal", which are trees that are to be saved if possible, but which may have to be removed. The proposed construction complies with the existing tree canopy preservation regulations of the Tree Preservation Ordinance. Sixty (60) percent of the existing tree canopy is required to be preserved and approximately seventy-seven (77) percent is shown to be preserved. BUFFERYARD REQUIREMENTS: A 15' — Q type bufferyard and associated plantings are required to be provided along the west property boundary abutting the Davis Blvd. right of way. Existing tree credits may be taken for required bufferyard plant material if the existing trees are in healthy condition and within 50' of the required bufferyard. Please provide the Bufferyard Summary Chart below on the Concept Plan. Location/ Length of Base Line Required / Provided Length Bufferyard Width/Type Canopy Trees Accent Trees Shrubs Fence/Screening Height &Material West - Required 460' 15' - Q 9 14 46 None Provided Indicates informational comment. # Indicates required items comment. Case No. Attachment D ZA14-018 Page 2 Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. This tract of land does not currently front on a public street maintained by the City of Southlake. Maranatha Way is considered a private street and was put in place prior to annexation of this property into the City of Southlake. The property owner is responsible for repairing and maintaining Maranatha Way. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 EASEMENTS: Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SANITARY SEWER COMMENTS: Public sanitary sewer system is not provided to this area and residence will require private septic system. Water lines cannot cross property lines without being in an easement or right of way. Water meters and fire hydrants shall be located in an easement or right of way. DRAINAGE COMMENTS: Provide a driveway culvert to ensure positive drainage along the bar ditch. Driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. 1k1;101NLyi/_lIEel kFill W6191Ly,I►y,INIk11&1 A right of way permit shall be obtained from the Public Works Operations Department (817) 748- Case No. Attachment D ZA14-018 Page 3 8082 to connect to the City's sewer, water or storm sewer system. Any hazardous waste being discharged must be pretreated per Ordinance No. 836. * = Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclementsa-ci.southlake.tx.us 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- 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 (See attached exhibit for approved turnarounds). FIRE HYDRANT COMMENTS: The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid. A fire hydrant exists less than 200' from the property in front of 1705 Maranatha Way. Community Service/Parks Department Review Peter Kao Construction Manager 817-748-8607 pkaoa_ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Case No. Attachment D ZA14-018 Page 4 Land/park dedication requirements: Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every forty (40) dwelling units. If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the amount of $3000 per dwelling unit x 1 dwelling units= $3000 will be required. Fees will be collected with the approved developer's agreement or when permitted. General Informational Comments The SPIN representative did not recommend a meeting for this case. Please be aware that a condition of approval for properties on this street and similar streets that are not maintained by the City is that the property owner acknowledges that he or she will be responsible for repairing and maintaining the street as needed. 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. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). 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 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, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZA14-018 Page 5 Surrounding Property Owners 1711 Maranatha Way 1880 1870 1860 1850 1606 1608 1610 1 REGAL OAKS DR 1600 P�S D603 1605 1607 1609 1 R yo1 �w m 208 Randol MITI 208 Randol Mill 1801 1829 Q � OJ mz 8 g 1710 1712 Z 1730 1740 11- 1701 1720 1750 1740 17 1718 1714 1710 1720 1730 177 1710 SLEEPY HOLLOW 1705 1725 1735 1755 1560 1570 p 580 a < 20 OL MI AVE lsaa LU 0 11577 30 B� 1b Z1501: o- a SPO # Owner Zoning Address Acreage Response 1. Yang, Yong E Etux Young Ju Pak SF1-A 1720 MARANATHA WAY 1.34 NR 2. Yang, Yong E Etux Young Ju Pak SF1-A 1718 MARANATHA WAY 1.27 NR 3. Yang, Yong E Etux Young Ju Pak SF1-A 1710 MARANATHA WAY 1.29 NR 4. Pwj-Marantha Llc AG 1705 MARANATHA WAY 1.94 NR 5. Yang, Yong Eun SF1-A 1714 MARANATHA WAY 1.28 NR 6. Pwj-Marantha Llc AG 1705 MARANATHA WAY 1.94 NR 7. Pwj-Marantha Llc AG 1705 MARANATHA WAY 1.94 NR 8. Pwj-Marantha Llc AG 1705 MARANATHA WAY 0.48 NR 9. Bokf Na AG 1715 MARANATHA WAY 1.43 NR 10. Bokf Na AG 1711 MARANATHA WAY 2.71 NR 11. Pwj-Marantha Llc AG 1705 MARANATHA WAY 0.48 NR 12. Pwj-Marantha Llc AG 1705 MARANATHA WAY 0.48 NR 13. Bokf Na AG 1711 MARANATHA WAY 2.71 NR 14. Pruitt, Gerald Etux Carolyn AG 1730 MARANATHA WAY 1.90 NR 15. Pruitt, Gerald Etux Carolyn AG 1730 MARANATHA WAY 0.53 NR 16. Chang, Yin Chun SF1-B 1719 MARANATHA WAY 2.88 NR 17. Chang, Yin Chun AG 1825 MARANATHA WAY 2.85 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received: None (0) Case No. Attachment E ZA14-018 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-663 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 TRACTS 1AAND 1A5, WILLIAM WINN SURVEY, ABSTRACT NO. 1660, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.748 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", 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 Case No. Attachment F ZA14-018 Page 1 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 Case No. Attachment F ZA14-018 Page 2 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 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 Tracts 1A and 1A5, William Winn Survey, Abstract No. 1660, City of Southlake, Tarrant County, Texas, being approximately 3.748 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1K Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following Case No. Attachment F ZA14-018 Page 3 conditions: 1. Planning and Zoning Commission Motion April 7, 2014: Approved (4-0) subject to the Concept Plan Review Summary No. 2, dated April 10, 2014, further subject to the staff report dated April 10, 2014, and approving the variance requested subject to the applicant's installation and maintenance of the access easement and turnaround consistent with City standards for access of the property by emergency vehicles. 2. City Council Motion at 1st reading May 6, 2014: Approved on consent at 1st reading (7-0) approving the variance for the lot to not front on a public street. 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 Case No. Attachment F ZA14-018 Page 4 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. 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 Case No. Attachment F ZA14-018 Page 5 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 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 61" day of May, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2014. MAYOR Case No. Attachment F ZA14-018 Page 6 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14-018 Page 7 EXHIBIT "A" Being described as Tracts 1A and 1A5, William Winn Survey, Abstract No. 1660, City of Southlake, Tarrant County, Texas, being approximately 3.748 acres, and more fully and completely described below: BEGINNING AT A CAPPED IRON PIN (LBS) FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED IN THE SOUTH LINE OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING LOCATED 182.46 FEET NORTH AND 30.00 FEET NORTH 88 DEGREES 51 MINUTES 00 SECONDS EAST FROM THE NORTHWEST CORNER OF SAID JOHN CHILDRESS SURVEY, ABSTRACT NO. 263; THENCE NORTH 88 DEGREES 51 MINUTES 00 SECONDS EAST 356.67 FEET ALONG THE SOUTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453 TO A CAPPED IRON PIN (4277) FOUND IN THE WEST LINE OF MARANATHA WAY, A PRIVATE STREET, SAID POINT BEING THE SOUTHEAST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453• THENCE SOUTH 429.06 FEET ALONG THE WEST LINE OF SAID MARANATHA WAY TO A CAPPED IRON PIN (4277) FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED. SAID POINT BEING THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. D212026603, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 88 DEGREES 51 MINUTES 00 SECONDS WEST 386.55 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN COUNTY CLERKS NO. D212026603 TO A CAPPED IRON PIN SET IN THE EAST R.O.W LINE OF DAMS BOULEVARD FOR THE: SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 0212026603; THENCE NORTH 344.00 FEET ALONG THE EAST R.O.W. LINE OF SAID DAVIS BOULEVARD TO A CAPPED IRON PIN (PRECISE) FOUND HENCE SOUTH 89RDEGREES THE 558WMINUTES 38 SECONDS ESTERLY NORTHWEST COEAST 30.06RNER OF TFEET TO A CAPPERACT BEING D IRON PIN (PRECISE) FOUND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 07 MINUTES 19 SECONDS WEST 85.67 FEET TO THE POINT OF BEGINNING- AND CONTAINING 3,748 ACRES OF LAND, MORE OR LESS Case No. Attachment F ZA14-018 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment F ZA14-018 Page 9