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Item 6B Department of Planning & Development Services S T A F F R E P O R T June 9, 2015 CASE NO: ZA15-046 PROJECT: Zoning Change and Concept Plan 1961 E. Highland St. EXECUTIVE nd SUMMARY: Tim and Christen O’Hare are requesting 2 reading approval of a Zoning Change and Concept Plan for 1961 E. Highland St. on property described as Tracts 2D and 2, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 1961 and 1971 E. Highland St., Southlake, Tarrant County, Texas. Current Zoning: “AG” Agricultural District. Requested Zoning: “SF-2” Single Family Residential District. SPIN Neighborhood # 4. nd REQUEST: The applicant is requesting 2 reading approval of a Zoning Change and Concept Plan for 1961 E. Highland St. from “AG” Agricultural District to “SF-2” Single Family Residential District to allow construction of a new home on approximately 2.809 acres. The Concept Plan also shows a tennis court and an approximately 1,000 square foot barn (40’ x 25’) that may be constructed in the future. st Per the City Council motion for approval at 1 reading on June 2, 2015, the applicant has scheduled to meet with the neighbor at 1981 E. Highland St. who had questions and concerns about the proposed request and those questions and concerns will be addressed at the City Council meeting on June 16, 2016. ACTION NEEDED: 1) Conduct a public hearing nd 2) Consider 2 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. 1 dated May 22, 2015 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-696 for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA15-046 BACKGROUND INFORMATION OWNER/APPLICANT: Tim and Christen O’Hare PROPERTY SITUATION: 1961 E. Highland St. LEGAL DESCRIPTION: Tracts 2D and 2, Thomas Mahan Survey, Abstract No. 1049 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural Zoning District REQUESTED ZONING: “SF-2” Single-Family Residential District HISTORY: -The property was annexed into the City in 1956 and given the “AG” Agricultural zoning designation. SOUTHLAKE 2030 PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to “SF-2” Single Family Residential District is consistent with this land use designation. MASTER THOROUGHFARE PLAN: The 2030 Master Thoroughfare Plans shows E. Highland St.to be a two-lane undivided collector with 70’ of right of way. PATHWAYS MASTER PLAN: The 2030 Pathways Master Plan shows a >=8’ multi-use trail along the south side of E. Highland St. and a <8’ sidewalk along the north side of E. Highland St. The applicant will be required to construct the 8’ multi-use trail along the south side of E. Highland St. with construction of the new home and the City will reimburse the applicant for the difference between the cost of the 8’ multi- use trail and a 4’ sidewalk. WATER & SEWER: This site is currently serviced by a 12” water line in E. Highland St. City sewer is not available to the lot, so the site will require an on-site sewage facility (septic system). DRAINAGE COMMENTS: Drainage is generally from northeast to southwest on the property. TREE PRESERVATION: The proposed Tree Preservation Plan complies with the existing tree canopy preservation regulations of Tree Preservation Ordinance No. 585-D. The Tree Preservation Ordinance requires a minimum of 50% of the existing tree canopy to be preserved and approximately 84% of the existing canopy is shown to be preserved. PLANNING AND ZONING COMMISSION ACTION: May 21, 2015; Approved (4-0) as presented, subject to the staff report dated May 15, 2015 and Concept Plan Review Summary No. 1, dated May 15, 2015. st CITY COUNCIL ACTION: June 2, 2015; Approved at 1 reading on consent (6-0) noting that the existing home and accessory buildings are to be removed and the existing drive is constructed as shown on the Concept Plan, the applicant will construct an 8’ sidewalk, which is a multi-use trail along Highland St. with construction of the Case No. ZA15-046 new home and the City will reimburse the applicant the difference between the cost of the multi-purpose trail and a 4’ sidewalk, and then also noting with reference to the comments that were provided tonight that we will be directing the applicant to meet with the concerned neighbor who spoke at Council this nd evening between tonight and 2 reading of this item to begin addressing the issues and answering those questions so we can discuss that at the next meeting. STAFF COMMENTS: Revised Concept Plan Review Summary No. 1 dated May 22, 2015 is attached. Case No. Attachment A ZA14-093 Page 1 Case No. Attachment B ZA15-046 Page 1 CONCEPT PLAN TREE CONSERVATION PLAN Case No. Attachment D ZA15-046 Page 1 TREE CONSERVATION CALCULATIONS Case No. Attachment D ZA15-046 Page 2 REVISED CONCEPT PLAN REVIEW SUMMARY ZA14-135One05/22/15 Case No.: Review No.: Date of Review: Concept Plan Project Name: – 1961 E. Highland St. APPLICANT: Tim and Christen O’Hare OWNER: Same 606 Heatherglen Dr. Southlake, TX 76092 Phone: (214) 724-7001 E-mail: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/15/15 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 RICHARD SCHELL AT (817) 748-8602. ZA15-046 1. Place the City case number “" in the lower right corner for ease of reference. 2. The 2030 Pathways Master Plan shows a >=8’ multi-use trail along the south side of E. Highland St. and a <8’ sidewalk along the north side of E. Highland St. The applicant will be required to construct the 8’ multi-use trail along the south side of E. Highland St. with construction of the new home and the City will reimburse the applicant for the difference between the cost of the 8’ multi- use trail and a 4’ sidewalk. 3. Show and label the centerline spacing from the proposed driveway to the nearest driveways east and west of the property. Driveway Ordinance No. 634, Section 5.1 requires a minimum driveway spacing of 40’ between residential driveways on a collector. 4. Driveway Ordinance No. 634, as amended, Section 5.2(h) requires that no portion of any driveway be located within four (4) feet of any fire hydrant, electrical pole or any other surface public utility. A power pole appears to be located in the location of the proposed driveway. Please relocate the driveway or power pole to meet the 4’ minimum spacing requirement. 5. An existing power line is shown in the location of the proposed residence. Please label the power line as “To be relocated” if that is the intent. Please be aware that relocation of the power line will require dedication or relocation of an easement to contain the power line. 6. E. Highland Street is a 70’ Collector (35’ from centerline) per thoroughfare plan. Label and dimension the right of way from the centerline to the property line. A minimum of 25’ from the centerline must be dedicated as right of way for a single residential lot. Additional width, if required, shall be dedicated as pedestrian access, drainage and utility easement. 7. Provide emergency vehicle access in compliance with the City Fire Code. Provide a minimum 30’ inside curve radii at the driveway approach. 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 85,000 pounds GVW). If fire Case No. Attachment D ZA15-046 Page 1 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. 8. The proposed Tree Preservation Plan complies with the existing tree canopy preservation regulations of Tree Preservation Ordinance No. 585-D. The Tree Preservation Ordinance requires a minimum of 50% of the existing tree canopy to be preserved and approximately 84% of the existing canopy is shown to be preserved. Fire Marshal Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for residences over 6,000 square feet. (Per 2012 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 250 feet of all exterior portions of the perimeter of the residence on a “hose-lay” basis of the sprinkled residence. 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 1000 feet of a fire hydrant, measured as the hose would be laid, or an additional hydrant will be required. Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * Tree Preservation Analysis complies with the existing tree canopy preservation regulations of Tree Preservation Ordinance No. 585-D. The Tree Preservation Ordinance requires a minimum of 50% of the existing tree canopy to be preserved and approximately 84% of the existing canopy is shown to be preserved. There are many undesirable invasive species of trees within the northeast portion Case No. Attachment D ZA15-046 Page 2 of the property that the owner will be removing them with the construction of the house. The remaining tree removal will be very minimal. Since it would be beneficial to remove the invasive species trees and the remaining tree removal is very minimal the submittal of Tree Conservation Analysis will suffice. * 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. Public Works/Engineering Review Om Gharty Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. E Highland Street is a 70’ Collector (35’ from centerline) per thoroughfare plan. Label and dimension the right of way and from the centerline to the property line. A minimum of 25’ from the centerline must be dedicated as right of way for a single residential lot. Additional width, if required, shall be dedicated as pedestrian access, drainage and utility easement. 9. The City Engineer will determine if the construction of the 8’ multi-use trail is roughly proportional to the impact of the development. The single lot is not exempt from providing a trail or sidewalk along the street frontage since there is a school with 1,500 feet on the same side of the street. 3. The closest sewer available is at Carroll Middle school. The grade would not permit to serve the subject property. Therefore, sanitary sewer is not available to this site. * Street intersections shall comply with TDLR/ADA accessibility standards. * 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.cityofsouthlake.com/index.aspx?NID=266 GRADING AND DRAINAGE COMMENTS: 1. Submit preliminary drainage plan with drainage arrows and preliminary calculations. 2. Provide grading plan containing 2’ contours. Contours may be obtained from the City of Southlake. 3. Proposed driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. * Runoff coefficients (C) for existing conditions shall be 0.35 and 0.50 for proposed conditions. Case No. Attachment D ZA15-046 Page 3 * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre- construction, construction and post-construction erosion control measures. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City’s sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. General Informational Comments * 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 Showing must be processed and filed in the County Plat Records, a fully corrected concept 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 ZA15-046 Page 4 Surrounding Property Owners 1961 and 1971 E. Highland St. SPO # Owner Zoning Address Acreage Response Moore, Joseph G AG 1911 E HIGHLAND ST 0.91 1. NR Carter, Linda H Etux Jerry G AG 1961 E HIGHLAND ST 1.06 2. NR Carter, Linda H Etux Jerry G AG 1971 E HIGHLAND ST 1.84 3. NR Cook, Steven E Etux Katherine SF1-A 1981 E HIGHLAND ST 1.32 4. U Blaser, Danny O AG 1901 E HIGHLAND ST 1.94 5. NR Oji, Jay SF1-A 1200 STANHOPE CT 1.02 6. NR Nwoko, Chukwuka Etux 7. NR Elizabeth SF1-A 1205 STANHOPE CT 1.03 Carroll ISD SP1 1800 E KIRKWOOD BLVD 24.43 8. NR Sutton, George SF1-A 2002 E HIGHLAND ST 0.43 9. F Huffman, John R Etux Elizabeth SF1-A 1991 E HIGHLAND ST 1.41 10. F Cadg Gateway Lakes Llc TZD 1000 N KIMBALL AVE 1.36 11. NR D2 Investments Inc TZD 2000 E KIRKWOOD BLVD 20.94 12. NR Kinsella, Robert Jr & M Hardy SF1-A 1982 E HIGHLAND ST 1.55 13. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirteen (13) Responses Received: Three (3) - Attached Case No. Attachment E ZA15-046 Page 1 Case No. Attachment E ZA15-046 Page 2 Case No. Attachment E ZA15-046 Page 3 Case No. Attachment E ZA15-046 Page 4 Case No. Attachment E ZA15-046 Page 5 Case No. Attachment E ZA15-046 Page 6 Case No. Attachment E ZA15-046 Page 7 Case No. Attachment E ZA15-046 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-696 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 2D AND 2, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.809 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 Case No. Attachment F ZA15-046 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 ZA15-046 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 2D and 2, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 2.809 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 Case No. Attachment F ZA15-046 Page 3 conditions: st City Council motion at 1 reading: June 2, 2015; Approved on consent (6-0), that the existing home and accessory buildings are to be removed and the existing drive is constructed as shown on the Concept Plan, the applicant will construct an 8’ sidewalk, which is a multi-use trail along Highland St. with construction of the new home and the City will reimburse the applicant the difference between the cost of the multi-purpose trail and a 4’ sidewalk, and also noting with reference to the comments that were provided tonight that we will be directing the applicant to meet with the concerned neighbor who spoke at nd Council this evening between tonight and 2 reading of this item to begin addressing the issues and answering those questions so we can discuss that at the next meeting. 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, Case No. Attachment F ZA15-046 Page 4 water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 Case No. Attachment F ZA15-046 Page 5 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 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. stnd PASSED AND APPROVED on the 1 reading the 2 day of June, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the ____day of _____, 2015. ________________________________ Case No. Attachment F ZA15-046 Page 6 MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA15-046 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA15-046 Page 8 EXHIBIT “A” Being described as Tracts 2D and 2, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas, being approximately 2.809 acres, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment F ZA15-046 Page 9 EXHIBIT “B” Reserved for approved Concept Plan Case No. Attachment F ZA15-046 Page 10