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Item 6CCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT November 11, 2014 CASE NO: ZA14-117 PROJECT: Zoning Change and Concept Plan for Lot 1, Combe-Yetman Addition EXECUTIVE SUMMARY: Daniel Combe is requesting approval of a Zoning Change and Concept Plan for Lot 1, Combe-Yetman Addition on property described as Tracts 8A5 and 8A8B, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and located at 339 W. Highland St., Southlake, Texas. Current Zoning: "AG" Agriculutural District. Requested Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood # 7. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan for Lot 1, Combe-Yetman Addition from "AG" Agricultural District to "SF-1A" Single Family Residential District to construct a new home on a one acre lot. A Preliminary Plat (ZA14-127) will be presented with the 2nd reading of this item. The applicant purchased a portion of the existing Tract 8A8, Thomas M. Hood Survey, Abstract No. 706 so that his property would comply with the minimum required lot area in the SF-1A zoning district and the requirement for a minimum one acre for a septic system. Since the property was conveyed by a metes and bounds description, a Preliminary Plat that includes the entire parent tract must be processed and approved prior to a Final Plat being approved and recorded for Lot 1 as it is shown on the Concept Plan. Lot 2 as depicted on the Preliminary Plat shares common ownership with the tract to the west. A Zoning Change and Concept Plan along with a Preliminary Plat must be processed and approved prior to a Final plat being approved and filed on that property. Or, a one lot plat showing could be processed instead of a Preliminary Plat and Final Plat if the property is platted as a single lot. VARIANCE REQUEST: Driveway Ordinance No. 634, Section 5.3(a) prohibits circular driveways on arterial and collector thoroughfares. The applicant is requesting a variance to allow the circular driveway as shown on the concept plan. 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) Revised Concept Plan Review Summary No. 2 dated October 22, 2014 (E) Surrounding Property Owners Map and Responses Case No. ZA14-117 (F) Ordinance No. 480-681 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA14-117 OWNER: APPLICANT: PROPERTY SITUATION I4MICIA0Q**] N1i9Eel kA LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING I:I RI to] Zvi SOUTHLAKE 2030 PLAN: MASTER THOROUGHFARE PLAN PATHWAYS MASTER PLAN TRANSPORTATION ASSESSMENT: BACKGROUND INFORMATION Daniel Combe Daniel Combe 339 W. Highland St. Tracts 8A5 and 8A813, Thomas M. Hood Survey, Abstract No. 706 Low Density Residential "AG" Agricultural Zoning District "SF-1A" Single -Family Residential District - The property was annexed into the City in 1956. - The property was given the "AG" Agricultural District zoning designation with the adoption of Zoning Ordinance No. 480 and the official zoning map on September 19, 2014. 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. The 2030 Master Thoroughfare Plans shows W. Highland St.to be a two-lane undivided collector with 70' of right of way. The applicant is dedicating a right of way easement dimensioned from the existing tract boundary to 35' from the centerline. The 2030 Pathways Master Plan shows a <8' sidewalk along the south side of W. Highland St. The applicant will not be required to install a sidewalk since the lot is being platted as a single lot of record. Existing Area Road Network and Conditions The Concept Plan shows a circular driveway onto W. Highland St. East Highland St. is currently a two lane undivided roadway. * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact Case No. ZA14-117 Single Family Detached 1 1 1 10 1 0 1 1 1 1 1 0 * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition WATER & SEWER: This site is currently serviced by a 12" water line in W. Highland St. City sewer is not available, so the site will be served by a private septic system. DRAINAGE COMMENTS: Drainage is generally from west to east on the property. TREE PRESERVATION: The proposed lots must comply with the existing tree canopy preservation regulations of the Tree Preservation Ordinance No. 585-D. There is existing tree canopy on approximately 15.5% of the site, so 70% of the existing tree canopy is required to be preserved by the ordinance. The applicant is proposing to preserve approximately 98% of the existing tree canopy. PLANNING AND ZONING COMMISSION ACTION: October 23, 2014; Approved (7-0) subject to the Revised Concept Plan Review Summary No. 2 dated October 22, 2014, subject to the staff report dated October 22, 2014 and granting the variance request for the circular drive as presented. CITY COUNCIL ACTION: November 4, 2014; Approved on consent at 1st reading (6-0). STAFF COMMENTS: Revised Concept Plan Review Summary No. 2 dated October 22, 2014 is attached. Case No. Attachment A ZA14-093 Page 1 Vicinity Map Lot 1, Combe-Yetman Addition v m 'w �O w w N N 250 2p1 3 go zuv COUNTRYSIDE CT 141 101 21 0 340 1360 1320 1310 w i'w� 320 316 312 309 300 212 208 204 0 0 w 200 1022 Hi hlan 311 3119 305 301 m 1. N N � O1 321 317 313 � m N Q N m Ut 498 o O O N N 488 o 00 O o o N Q400 340 320 310 o o 300 E-HIGHLAND-ST- \-0 520 510 440 494 480 yy HIGHLAND ST 101 181 201 --� 605 545 525 479 459 335 49 00 1 CO o 603 o f o � 1160 0 0 J o o o Z Z O O AD 465 %OO^O1 O O 351 N m 960 o mco 921 g24 922 9209 J 0 m J OZ0 a 01 ° Q U 101 103 105 107 W H 100 102 104 106 o = m Z N W F. ZA14-117 5 Zoning Change and Concept Plan 0 450 900 1,800 Feet Case No. ZA14-117 Attachment B Page 1 CONCEPT PLAN LOT 8 RIDE WITH PRIDE INC. T.M. HOOD NO. 706 ADDITION VOL. 13789, PG. 494 CAB. A, SLIDE 4061 D.R.T.C.T. P.R.T.C.T. FND. CAPPED IP FND. CAPPED IP (1H OMPSDN) (THOMPSON) _ _ _ _. _ r . a r r iti T 7-1 7-7 T7 r" SET I ELEV.= 667.0 BERT YETMAN 4 VOL. 6780, PG. 51 D.R.T.C.T. ® 2D°asH \6 66` , - , PROPOSED 6 a''Rqpn R "AN WEER TO REMAIN *PF H 112"BRAJ)-PEAH� "BRAD PEAR 12"BRAD PEAR gp° FR BLDG. 10"B D 12" AR 8" +1 66 10"BRAD rn � o� H 12" 12'CEDA S88- '56"W 142.7 FND. , 1 (LBS) SET CAPPED IP ELEV.= 661.9 (A O L4 I'l JOSE CAMPBELL i VOL. 6022, PG. 138 D.R.T.C.T. ELEV.= 665.061 Case No. Attachment C ZA14-117 Page 1 PRELIMINARY PLAT FIOE *'TH rim'z In:.. T.M. HC90 ':0. '0; icORlOti L16 N W .0. 706 AbOrnc ROBEfiT SEEBEOK VOL 13J99, PG. 5g< [AB. A, SLICE d.61 M. A SUM 4061 CgI111Y GifiKS Ca.T.c.�. PkT.C.T. P.aTC.i. M0.0.2�1 T.C.T. W. HIGHLAND STREET 89.0 4 1 .23 �, R __ a�W _fhSEMEM —_-- - POINT OF a" FF Q L0T y W u 1,00 ACRE P �P 1--' 58S'59'56W 142.71 00"ON OWMRSEEP 0 4 g 0 8£RT 1£1LLV1 J '0L o.aT.ci. W LOT 8 ;! l.&4 AM.V 100 .DOSE C V SELL K4 fi , . IV O.aT.GT. ..._----- — — — — — — — 70'U.E__--� �---a3�Y'040'.LRN L 4----- s--- Case No. Attachment C ZA14-117 Page 2 VARIANCE REQUEST LETTER Case No: ZA14-117 APPLICANTS: Dan and Jill Combe Received PROJECT SITE: 339 W Highland St Current Residence: 339 W Highland St Southlake TX 76092 OCT 17 2014 Email: Combe@Ebby.com Phone: (817)800-0007 To City of Southlake, C 6CILE We, Dan and Jill Combe are requesting a variance to: Driveway Ordinance No 634, Section 5.3(a) prohibits circular driveways on arterial and collector thoroughfares. We are requesting a variance to allow the circular driveway as shown on the concept plan for the following reasons: a) In an effort to preserve two (2) Fifty -Year -Old Elm trees, by circling around the perimeter of the drip lines of the two trees with a circular driveway. b) A Non -Circular Driveway for this 1-acre lot presents an undue hardship and safety hazard (in backing out on Highland), for the safety of our family and Carroll ISD Students in Busses. c) Comparable properties with similar lot widths have already been granted circular driveways d) Fed Ex and UPS Trucks making deliveries currently park on Highland, blocking traffic, as they are unable to turn around with steep drainage ditches on both sides. Passers-by are forced to come to a complete stop, then wait for passing traffic and cross the median to circle around delivery vehicles. Respectfully, Dan Combe Jill Combe Case No. Attachment C ZA14-117 Page 3 :tea\C•1��_�I I!5`fl REVISED CONCEPT PLAN REVIEW SUMMARY Review No.: Two Project Name: Concept Plan — Lot 1, Combe-Yetman Addition APPLICANT: Daniel Combe 339 W. Highland St. Southlake, TX 76092 Phone: (817) 800-0007 Date of Review: 10/22/14 SURVEYOR: Bill Hooks Loyd Bransom Surveyors, Inc. 1028 N. Sylvania Ave. Fort Worth, TX 76111 Phone: (817) 834-3477 E-mail: survey1968@swbell.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/14 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELLAT (817) 748-8602. Because the plat is for a single lot, the City will not require a right of way dedication that is greaterthan the dedication required for a local street, which is 50' full width. Since the dimension from the centerline to the existing tract boundary is greater than 25', no additional right of way dedication will be required with this plat. The applicant has dedicated a right of way easement in the area that is shown as right of way dedication on the plat (dimensioned 35' from centerline). Please change the right of way easement to a pedestrian access, drainage and utility easement 2. Also, please dimension the 40' front building line from the P.A.D.U.E and not from the property line to prevent future nonconforming conditions. 3. Circular drives are allowed on residential lots not fronting on arterial or collector thoroughfares. City Council approval of a variance will be required to allow the circular driveway as shown on the Concept Plan. A variance request letter has been submitted. 4. Fire lanes shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. The distance may be increased to 250 feet for a building with a fire sprinkler system. The driveway as shown on the plan must be at least 10' in width, able to support 85,000 lbs. and have a minimum 30' inside turning radius at the street connections and internally. All dead-end fire lanes in excess of 150 feet in length shall be provided with approved provisions for turning around of fire apparatus (see attached exhibit). 5. The following changes are needed with regard to easements: a. Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line. The following should be informational comments only No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment D ZA14-117 Page 1 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. 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 concept 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 ZA14-117 Page 2 Surrounding Property Owners 339 W. Highland St. 311 301 M_ 0 0 nNi N co � LO N 321 317 313 0 498 CDN 0 CN 488 r Lo 0 0 0 N O O N O O N 400 340 320 310 00 520 510 440 494 80 479 459 339 335 49 0 545 525 m 1 N m 0 345 1160 Z � J Q LO v LJ 0 o o N z O Z 465 J �7p0 ��0� 0 o 351 960 O LO rn Owner Zoning Address Acreage Response 1. Seebeck, Robert E Etux Marilyn AG 480 W HIGHLAND ST 0.58 NR 2. Combe, Daniel Etux Jill AG 339 W HIGHLAND ST 0.71 NR 3. Yetman, Bert M Etux Helga B SF1-A 459 W HIGHLAND ST 4.94 NR 4. Williamson, Ray C SF1-A 465 W HIGHLAND ST 2.60 NR 5. Yetman, Bert M Etux Helga B AG 345 W HIGHLAND ST 1.37 NR 6. Campbell, Jose AG 335 W HIGHLAND ST 0.73 NR 7. Campbell, Jose AG 335 W HIGHLAND ST 0.13 NR 8. Campbell, Jose AG 335 W HIGHLAND ST 1.20 NR 9. Riordan Capital Properties Lp SF1-A 1112 LINNEA LN 0.95 NR 10. Solleti, Anil & Shilpa Karra SF1-A 1108 LINNEA LN 0.97 NR 11. Riordan Capital Properties Lp SF1-A 1104 LINNEA LN 0.99 NR 12. Davis, Stephen A Etux Kathleen RPUD 300 W HIGHLAND ST 1.00 NR 13. Ride With Pride Inc RPUD 340 W HIGHLAND ST 0.49 NR 14. Terra -Highland Oaks Llc RPUD 320 W HIGHLAND ST 0.48 F 15. Terra/Highland Oaks Llc RPUD 310 W HIGHLAND ST 0.47 F 16. Seebeck, Robert E Etux Marilyn AG 488 W HIGHLAND ST 1.38 NR 17. Ride With Pride Inc AG 400 W HIGHLAND ST 0.90 F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received: Two (2) - Attached Case No. Attachment E ZA14-117 Page 1 Notification Response Form ZA14-117 Meeting Date: October 23, 2014 at 6:30 PM Terra/Highland Oaks Llc 395 W Northwest Pkwy Ste 300 Southlake Tx 76092 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748-8621 Fax: (817)748-8077 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 favo 0 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): t- -y L Must be property owner(s) whose names) are 1 -v Date: Z � /f Date: top. Otherwise contact the Planning Department. One torm per property. Phone Number (optional): % z. Case No. Attachment E ZA14-117 Page 2 Notification Response Form ZA14-117 Meeting Date: October 23, 2014 at 6:30 PM Ride With Pride Inc 480 W Highland St Southlake Tx 76092 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: &ol- L Date: Additional Signature: Date: Printed Name(s): borcc, , L-. 13(—A- -,\ Must he property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA14-117 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-681 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 8A5 AND 8A8B, THOMAS M. HOOD SURVEY, ABSTRACT NO.706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.0 ACRE, 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 ZA14-117 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 ZA14-117 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 8A5 and 8A8B, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas , being approximately 1.0 acre, 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 Case No. Attachment F ZA14-117 Page 3 following conditions: 1. City Council action at 1st reading: November 4, 2014; Approved on consent at 1st reading (6-0). 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. Case No. Attachment F ZA14-117 Page 4 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 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 Case No. Attachment F ZA14-117 Page 5 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 41" day of November, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2014. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA14-117 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14-117 Page 7 EXHIBIT "A" Being described as Tracts 8A5 and 8A8B, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas , being approximately 1.0 acre, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment F ZA14-117 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment F ZA14-117 Page 9