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480-SSSSORDINANCE NO. 480 -SSSS AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY REVISING PROVISIONS WITHIN SECTION 22 — C-3 GENERAL COMMERCIAL DISTRICT AND ADDING PROVISIONS TO SECTION 45 — SPECIFIC USE PERMITS; 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 PAMPHLET FORM; 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 Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 22 of the Zoning Ordinance No. 480, as amended, is hereby amended by revising the following to subsection 22.5.f.: 22.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable (As amended by Ordinance No. 480 -HH.): f. Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum floor area for a single tenant, owner or business occupancy contained within any structure existing in this district shall be sixty thousand (60,000) square feet. Any existing legally conforming single tenant, owner or business occupancies that exceed sixty thousand (60,000) square feet of floor area in the C-3 district prior to adoption of this ordinance shall be permitted to continue operating as legally conforming uses and/or structures. SECTION 2 Section 45 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the following subsections: 45.1 GENERAL PROVISIONS SPECIFIC USE DISTRICT WHERE PERMITTED 49. Single tenant, owner or business occupancy exceeding sixty thousand (60,000) square feet C-3 SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 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 6 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 yard regulations 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 7 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8 The City Secretary of the City of Southlake is hereby directed to post 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 if 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 9 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 113thjday of August, 2015. PASSED AND APPROVED on the 2nd APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: ( e 6e,( (I 20iS EFFECTIVESO 4(444. (o-er 4, 201, MAYOR ATTEST: ,,,tt,t/lll„U,,,. 1HLgt%ttt CO •• •i %% i.o. Pia,„),..:..s >.. •• 1.�� • -scn- -� • CITY SECRETAF�'Y '�' ~•••••••••••� reading the 1st day of September, 2015. MA Q • `� Y CITY SECRETA e Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 INVOICE Attn: Attn: ACCOUNTS PAYABLE Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: CIT57 335295891 9/4/2015 Net due in 21 days 9/30/2015 NO PO 33529589 073 CITY OF SOUTHLA 9/4/2015 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE, TEXAS ORDIN 13580 THE S Count Before for the did dei BIDS CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -SSSS AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY REVISING PROVISIONS WITHIN SECTION 22 - C-3 GENERAL COMMERCIAL DISTRICT AND ADDING PROVI- SIONS TO SECTION 45 - SPECIFIC USE PERMITS; PROVIDING THAT THIS ORDINANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PEN- ALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PROVID- ING AN EFFECTIVE DATE. 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. Passed and approved this the 1st day of September, 2015 during the regular City Council meeting. Mayor: Laura Hill Attest: Lori Payne, City Secretary 38 38 LINE Net Amount: I.21) S45.60 $45.60 CHRISTY LYNNE HOLLAND SP 4 `�= Notary Public, State of Texas My Commission ExpireS July 31, 2016 lid County and State, this day personally appeared Deborah Baylor, Bids & Legal Coordinator Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas : and who after being duly sworn, pping of advertisement was published in the above named paper on the listed dates: (817) 390-7039 Signed SUBSCRIBED AND SWORN TO BEFORE ME, This Wednesday September 9, 2015 Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 NOTARY PUBLIC Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 335295891 Invoice Amount: $45.60 PO Number: NO PO Amount Enclosed: Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 INVOICE RECEIVED AUG 102015 BY: Attn: Attn: ACCOUNTS PAYABLE Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: CIT57 334823091 7/24/2015 Net due in 21 days 7/31/2015 NO PO 33482309 073 PUBLIC HEARING 7/24/2015 PUBLIC HEARING NOTICE CITY OF 13580 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the ve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7039 1 202 202 LINE Net Amount: $1.20 $242.40 $242.40 CHRISTY LYNNE HOLLAND , Notary Public, State of Texas • ,• My Commission Expires V F OF; ,, July 31, 2016 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, July Notary Public Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 334823091 $242.40 NO PO PUBLIC HEARING NOTICE CITY OF SOUTHLAKE, TEXAS Notice is hereby given to all inter- ested persons that the City of Southlake, Texas, will consider the following items in the Council Chambers at Town Hall, 1400 Main Street, Southlake, Texas for: The Planning & Zoning Commission on Thursday, August 6, 2015, at 6:30 p.m. or immediately following the Planning & Zoning Work Session will hold a public hearing and consider: • Ordinance No. 483-P, an amend- ment to the City's Subdivision Ordinance No. 483, as amended, to allow the platting of certain tracts of land within agricultural or single family residential districts regard- less of tract size, and to amend the appeal process for plats ap- proved by City Staff. • Ordinance No. 480 -SSSS, an amendment to the City's Zoning Ordinance No. 480, as amended, to set the maximum permitted floor area of a single tenant space located in the C-3 General Commercial district (Section 22) zit 60,000 square feet and add language to the Specific Use Permits section (Section 45) that allows for ap- plication of a Specific Use Permit in order to exceed 60,000 square feet. • ZA15-071, Preliminary Plat for Matthews Court on property de- scribed as portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and located at 851 and 841 E Southlake Blvd. and 650 5. Carroll Ave., Southlake, Texas. Current Zoning: "AG" Agricultural District. SPIN Neighborhood 89 City Council on Tuesday, August 18, 2015, at 5:30 p.m. will hold a public hearing and consider: • Resolution No. 15-039 4ZA15-059), Specific Use Permit for PKD Walk and 5K Run on property described as Southlake Town Square Phase I and Phase IV, an addition to the City of Southlake, Tarrant County, Texas and being generally located between E. State Highway 114, N. Carroll Avenue, E. Southlake Bou- levard and Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN Neighborhood 8 8. • Resolution No. 15-040 (ZA15-061), Specific Use Permit for Fresh Market on property described as Lot 1, Block 1, Park Village, an addition to the City of Southlake, "Tarrant County, Texas, and located at 1035 E. Southlake Blvd. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood 8 9. • ZA15-064, Site Plan for Taverna Rossa Patio on property described as Lot 1, Block 1, Park Village, an addition to the City of Southlake, Tarrant County, Texas, and located at 1035 E. Southlake Blvd. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood 8 9. City Council on Tuesday, September 1, 2015, at 5:30 p.m. will hold a public hearing and consider: • Ordinance No. 480-624c (ZA15- 058), Zoning Change and Site Plan for Silver Ridge Assisted Living Phase 11 on property described as Silver Ridge Addition, Phase 1, Lot 1 and Silver Ridge Addition Phase 111, Lot 8, an addition to the City of Southlake, Tarrant County, Texas, and located at 2001 and; 2121 E. Kirkwood Blvd., Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Pro- posed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood 8 4. • Ordinance No. 480-48113 (ZA15- 062), Zoning Change and Site Plan for Bicentennial Retail Plaza on property described as Lot 13, Legal Notices Littleberry G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 410 W. Southlake Boulevard, Southlake, Texas. Current Zoning: S -P-1 Detailed Site Plan Zoning District. Requested Zoning: S -P-1 Detailed Site Plan Zoning District. SPIN Neighborhood 8 7. • Ordinance 480-605c (ZA15-063), Zoning Change and Site Plan for Watermere Medical Plaza on property being described as Lot 1R, Block 2, Watermere at Southlake Addition, an addition to the City of Southlake, Tarrant County, Texas located at 2815 W. Southlake Boulevard, Southlake, Texas. Cur- rent Zoning"S-P-1" Detailed Site Plan District. Proposed Zoning: "5- P-1" Detailed Site Plan District. SPIN Neighborhood #11. • Ordinance No. 480-699 (ZA15-065) Zoning Change and Site Plan for Falcon Holdings of Southlake on property described as Tract 4C2A, Absolom H. Chivers Survey, Ab- stract No. 299, City of Southlake, Tarrant County, Texas, and located at 500 E. State Hwy. 114, Southlake, Texas. Current Zoning: "AG" Ag- ricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #3. • Ordinance No. 1123 (CP15-001) Land Use Plan Amendment from Low Density Residential to Office Commercial on property described as Lot 10A, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 2419 W. Southlake Blvd., Southlake, Texas. Current Zoning: "AG" Agricultural District. Pro- posed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood 8 11. • Ordinance No. 480-700 (ZA15-067) Zoning Change and Site Plan for Hidden North Offices on property described as Lot 10A, Brock Addi- tion, an addition to the City of Southlake, Tarrant County, Texas, and located at 2419 W. Southlake Blvd., Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighbor- hood 8 11. • Ordinance No. 480-701 (ZA15-070), Zoning Change and Development Plan for Matthews Court on prop- erty described as portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and located at 851 and 841 E Southlake Blvd. and 650 5. Carroll Ave., Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "R -PUD" Resi- dential Planned Unit Development. SPIN Neighborhood #9. • Ordinance No. 483-P, an amend- ment to the City's Subdivision Ordinance No. 483, as amended, to allow the platting of certain tracts of land within agricultural or single family residential districts regard- less of tract size, and to amend the appeal process for plats ap- proved by City Staff. • Ordinance No. 480 -SSSS, an amendment to the City's Zoning Ordinance No. 480, as amended, to set the maximum permitted floor area of a single tenant space located in the C-3 General Commercial district (Section 22) at 60,000 square feet and add language to the Specific Use Permits section (Section 45) that allows for ap- plication of a Specific Use Permit in order to exceed 60,000 square feet. All interested persons are urged to attend. City of Southlake Lori Payne, TRMC City Secretary