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480-WWWWORDINANCE NO. 480-WWWW AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING PROVISIONS TO SECTION 37 — DOWNTOWN DISTRICT; 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 37 of the Zoning Ordinance No 480, as amended, is hereby amended by the following subsections Ordinance No. 480-WWWW Page 1 SECTION 37 "DT" DOWNTOWN DISTRICT 37.2 SCHEDULE OF USES Under Land Use Category Commercial Uses — Retail Sales or Service Vehicle Sales and Demonstrations are permitted with a Specific Use Permit Vehicle Sales and Demonstrations SUP City Council may grant variances to the requirements for this use in accordance with the requirements set forth for the approval of variances in Section 45 — Specific Use Permits. 37.3 DEFINITIONS Vehicle Sales and Demonstrations - A display of 10 or less vehicles for the purposes of demonstrations, test drives, service and new or pre -owned sales subject to the following criteria: 1) Lease space and parking areas are limited to the specified geographical area as illustrated in Appendix A. 2) No more than 2 vehicles on site may be pre -owned. 3) A maximum of 6,000 square feet of floor area within a building can be allocated to vehicle sales and demonstrations for each individual permitted use. 4) No more than 20,000 square feet of vehicle showcase area within buildings are permitted within the specific "DT" Downtown zoning district. 5) Service shall not be performed on more than one vehicle at a time. 6) The term "Service" is limited to specifically exclude the following: a. No exterior work on vehicles related to body work, repair, glass service or standard maintenance; b. No engine or motor work or repair including tune ups, oil changes, transmission, air conditioning, or automotive battery service; C. No changing of fluids or oil; d. No lifting of a vehicle with a jack or car lift; e. No detailing work including the washing, waxing, vacuuming and shampooing of the vehicle; Ordinance No. 480-WWWW Page 2 f. No tire maintenance such as installing new tires, rotating tires or tire repair, or tire pressure activities. APPENDIX A Ordinance No. 480-WWWW Page 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. Ordinance No. 480-WWWW Page 4 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 Ordinance No. 480-WWWW Page 5 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 17th day of January, 2017. 3\Zo•Ls?,_ MAYOR ATTEST: (:)„',. • .-, CITY SECRETPØY PASSED AND APPROVED on the 2nd reading the 7th day of February, 2017. tcw MAYO1/4"A' to " A TT E S T auti- p tITY SECRETAR , APPROVED AS TO FORM AND LEGALITY: coaA. CI'fY ATTORNE Ordinance No. 480-WWWW Page 6 INVOICE Star-Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 339266731 FORT WORTH.TX 76102 (817)390-7761 Invoice Date: 2/10/2017 Federal Tax ID 26-2674582 - Terms: Net due in 21 days Due Date: 2/26/2017 Bill To: PO Number: 21700139 CITY OF SOUTHLAKE 1400 MAIN ST = Order Number: 33926673 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Ann:Attn: ACCOUNTS PAYABLE Publication Date: 2/10/2017 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN I3580 I 38 38 LINE $5.31 $201 78 Sales Discount ($150 10) Misc Fee $5 00 Net Amount: $56.68 County of Tarrant Before me,a Notary Pubhic in and for said County and State, this day personally appeared Leticia.lm4ga,Bids er 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 advertisement was published in the above named paper on the luted dates: BIDS&LPGr`ILS DEPT Star-Telegram.((SUBSCRIBED AND SWOV V.TO BEFORE ME, `13-1IS DAY OF February ) 2017 Sgned t_C ,tkA.,C_C.C� CHRISTY L HOLLAND • 4 ► Notary Public " f(';* STATE OF TEXAS am' 31.2020 NOTARY-PUBLIC d * 111"f ' i /a„-I i` Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 339266731 Invoice Amount: S56.68 PO Number: 21700139 Amount Enclosed: $ 1 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-WWWW AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE-CITY OF SOUTHLAKE, TEXAS; BY ADDING PROVISIONS TO SECTION 37 - I DOWNTOWN, DISTRICT; PROVID- ING THAT THIS ORDINANCE SHALL ,BE CUMULATIVE OF ALL ORM- , NANCES; PROVIDING A SEVER- ABILITY CLAUSE;PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A-SAVINGS CLAUSE; PROVIDING.FOR PUBLI- CATION IN.. PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 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. PASSED AND APPROVED ON THIS, THE 17TH DAY OF JANUARY,2017 DURING THE REGULAR CITY COUNCIL MEETING. MAYOR : LAURA HILL ATTEST: LORI PAYNE, CITY SEC- RETARY INVOICE Star-Telegram Customer ID: CIT57 808 Throckmorton St. . Invoice Number: 339187031 FORT WORTH,TX 76102 4 (817)390-7761 Invoice Date: 1/20/2017 Federal Tax Ill 26-2674582 Terms: Net due in 21 days By: Due Date: 1/29/2017 Bill To: • °" °°°°'°°'°° • PO Number: 21700139 CITY OF SOUTHLAKE 1400 MAl v ST Order Number: 33918703 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: PUBLIC HEARING Attn:Attn:ACCOUNTS PAYABLE Publication Date: 1/20/2017 Description Location Col Depth Linage MU Rate Amount PUBLIC HEARING NOTICE CITY OF I3580 1 86 86 LINE $5.31 $456 66 Sales Discount ($339 70) Misc Fee $5 00 Net Amount: $121.96 County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared LeticiaArriaga,Bids&Legal-Coordinator for the Star-Telegram,published 6y the Star-Telegram,Inc.at Fort Worthy in Tarrant County,Texas:and who after being duly sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the luted dates: BIDS C.LEGALS DEPT.Star-Telegram.(1 SUBSCRIBED AND SWORNTO BEFORE MB, THIS DAY OF YANG/62017 , ,� , CHR$STY L.HOLLAND jl Maly Public L _!! !WA' �!14..<' 1 .. s41/4 NOT-AV-P'UB II If - lirI Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 339187031 Invoice Amount: $121.96 PO Number: 21700139 Amount Enclosed: $ PUBLIC HEARING NOTICE CITY OF SOUTHLAKE,TEXAS I Notice is hereby given to all intet- 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 City Council on Tuesday, Feb- ruary 7,2017 at,5:30 p.m.will hold a public hearing and consider: •Ordinance No.480-WWWW,ZA16- 103, Amendment to,the City of Southlake Comprehensive Zoning Ordinance No.480,as amended,as it pertains to Section 37, "DT" Downtown District,to allow Vehicle Sales and Demonstrations as a permitted use with approval of a Specific Use Permit. • Resolution No,'17-001, ZA16-104, Specific Use Permit for Vehicle Sales and Demonstrations in the "DT" Downtown District on prop- erty described as Lots 3R and 7, Block 4R1,Southlake Town Square Addition,City of Southlake,Tarrant County,Texas and located at 1401 Federal Way and 251 Grand Ave., Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN Neighborhood #8. • Resolution No. 17-002, ZA16-105, Specific Use Permit for Electric Vehicle Charging Spaces on prop- erty described as Lot 3R,Block 4R1, Southlake Town Square Addition, City of Southlake,Tarrant County, Texas and located at 1401 Federal Way, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN Neighborhood #8. • Ordinance No. 480-474A '(ZA16- 026) ,Zoning'Change (River Oaks Addition) and Site Plan for Lot 7, Block 1, River Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 100-125 River Oaks Dr.,Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Requested Zoning: "S-P-2" Gen- eralized Site Plan District. SPIN Neighborhood#11. • Ordinance No. 480-513A (ZA16- 099),Zoning Change and Site Plan for the Southlake Professional Plaza on property being described as Lot 15,J.G.Allen No.18 Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 3055-3081 W.Southlake Boulevard, Southlake, Texas. Current Zoning: "5-P-2" Generalized Site Plan District with "0-1"Office District uses. Proposed Zoning: "S-P-2" Generalized Site Plan District with "0-1"Office District uses including an ambulatory surgery center.SPIN Neighborhood#11. •'Ordinance No.480-723(ZA16-080), Zoning Change and Concept Plan on property described as Tract 3B02, William H.Martin Survey,Abstract No. 1068, Southlake, Tarrant County,Texas,and located at 2001 Randol Mill Ave.,Southlake,Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF- 1A" Single Family Residential District. SPIN Neighborhood#5. All interested persons are urged to attend. City of Southlake Lori Payne, TRMC -City Secretary INVOICE Star-Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 339077291 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/21/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Bill To: _. : Due Date: 12/31/2016 CITY OF SOUTHLAKE DEC 29 2016 PO Number: 21700139 1400 MAIN ST Order Number: 33907729 i STE 440 ;R i �;;��.;�� _ I Sales Rep: 073 SOUTHLAKE, TX 76092-7604 ___ Description: PUBLIC HEARING Attn.Attn:ACCOUNTS PAYABLE Publication Date: 12/21/2016 Description Location Col Depth Linage MU Rate Amount PUBLIC PUBLIC HEARING NOTICE CITY OF CITY OF SOUTHILAKE,OTICE TEXAS 26 26 LINE $14 14 $367.60 Notice is hereby given to all inter- ested persons that the City of Sales Discount Southlake,Texas,will consider the following items in the Council �$337.24) Chambers at Town Hall,1400 Main Street, Southlake, Texas,for: Misc Fee The Planning and Zoning Commission $10 00 on Thursday, January 5, 2017, at 6:30 p.m.will hold a public hearing and consider: *Ordinance No.480-W W W W,ZA16- 103, Amendment to the City of Southldke Comprehensive Zoning Net Amount: $40.36 Ordinance,No.480,as amended,as it pertains to Section 37, 8DT6 Downtown,District, to allow au- tomobile sales as a permitted use with approval of a Specific Use Permit. All interested persons are urged to attend. DECGG County of Tarrant it of Southlake �in _��U Lori Payne,TRMC City Secretary Before me,a rotary Public in and for said County and State, this day personalty appeared Leticia A0411-131 cE0':LergaroitaatoTf',t`:`y 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 advertisement was published in the above named paper on the fisted dates: BIDS c1 LEGALS DEPT:Star-Telegram.(1 SUBSCRIBED AND SWORNTO BEFORE ME, THIS DAY OF Dec. 43) 2016 _ i Sg .4n CHRISTY L,HOLl.RIVD �.� ** �� a STATE pF TSS II / 444woe- 10012062841 / Cor►xn. 39,2020 SOL, " PZIBGI ' i J I •/ �,/ Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 339077291 Invoice Amount: $40.36 PO Number: 21700139 Amount Enclosed: $ a