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1990-05-15 CC Packet City of Southlake,Texas Ire CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING MAY 15 , 1990 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6 : 30 P.M. 1 . Discussion of all items on tonight' s meeting agenda. REGULAR SESSION: 7: 30 P.M. 1. Call to order. Invocation. 2 . Approval of the Minutes of the May 1 , 1990 , City Council Meeting, and the May 7 , 1990 , Special City Council Meeting. 3. Oath of Office for Councilmembers Place 3 , 4 , & 5. a 4 . Mayor' s Report. r ,a c)4 \--.- 4 f✓ 0, 9g4.) 5. City Manager' s Repor0 9 ,ta .5; �!-A r� r z�►a 5 St— l CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. REGULAR AGENDA 6 Public Forum. . Consider: Ordinance No. 507 , 2nd reading. TU Electric Rate Increase. Public Hearing. 8 . Consider: Ordinance No. 480-19 , 2nd reading. (ZA 90-13) . Zoning request for a 3 . 61 acre tract of land out of the C.B. McDonald Survey, Abstract No. 1013 , Tracts 4 , 4B, and 4C, and the P.R. Splane Survey, Abstract No. 1453 , Tract 1B. The property has been annexed into the City as Agricultural , request is for the Industrial-2 Zoning District. Owner: Fina Oil and Chemical Company. Location: 2400 Hwy 26 . Public Hearing. City of Southlake,Texas City Council Agenda May 15 , 1990 page two 9. Consider: Ordinance No. 480- , 2nd reading (ZA 90-15) Zoning reques nd concept plan for a 39. 5508 acre tract , lan ut of the Littleberry G. Hall Survey, A ract No. 686 , Tracts 1D and iF andthe omas M. Hood Survey, Abstract No. 706 ,' Tra s 9A and 9A1 . Current zoning is Agricu ural, request is for the SF 20 B Zoning - Dist ct. i Ow r: Marion G. Truelove; £ •plicant: James R. Harris Company. Public Hearing. 10. Consider: Ordinance No. 48.0 21 , 2nd re. •ing. (ZA 91 ,. 6) Zoning reques.."and concep plan for a 3 :7022 acre tract of 1. - • out of t. - Littleberry r . Hall Survey, Abstrac o. 686 be: • a • • ' • a 0 ract 1F_ .><' "t zonin• is ^ •ricultural, equest is for the) Single Family 31 Zoning Distr . t. tr- i ' 3 ti ner: Mario. G. Truelove; ^pplicant: James R. /. arris Comp. y. -- Public He. ing. 11 . Consider: Ordinance No. _,4.&TrA, 1st reading. Amending the Zoning Ordin- fice to allow for portable buildings in certa-in zoning districts within the City of SouthIake. Gdntinuation of the Publi , Hearing. 12 . Consider: Ordinance No. 4 : 0 8 , 1st reading. (ZA 90-09) Zoning requ- and concept plan for a 19. 995 acre tract o and out of the Littleberry G. Hall Survey, Abst .ct No. 686 , Tracts 3F and 3G. C ent zoning is Agricultural , request is for the --SF 20 A residential zoning district. Owner: First National Bank of Grapevine. v Applicant: Bass Development Company. / Continuation of the Public Hearing. 11%---- ConsiderAZA 90-20 , Final Plat of Brewer Addition. 8 . 234 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521 , being the northern portion of Tract 3J. Owner/Applicant: C.J. Brewer. 14 . Consider: Ordinance No. 505 , 2nd reading. Abandon Vehicles. Public Hearing. City of Southlake,Texas Pr City Council Agenda May 15 , 1990 page three 15 . Consider: Resolution 90-32 , endorsing State and Local Government control of stratospheric ozone depleting compounds. 16 . Discussion: Ordinance No. 506 , Sign Ordinance. .' / Discussion: Consider Charter Amendments . 18 . Consider: Ordinance No. 508 , 1st reading. Amending Ordinance No. 349 , 368 , and 396 , with regards to speed limits within the City of Southlake. 19 . Executive session: Pursuant to the Open Meetings Law, Article 6252-17 V.T.A.S. Section 2 (e) , 2 (f) , 2 (g) . Refer to posted list of litigations. h A. Discussion: Pending or contemplated litigations. (Refer to posted list) B. Discussion: Personnel Matters , including Boards and Commissions . (Refer to posted list) C. Discussion: Land Acquisition. D. Return to Open Session. 20 . Consider: Action necessary in regards to pending or contemplated litigations. (Refer to posted list) 21 . Consider: Action necessary in regards to personnel matters, including Boards and Commissions (Refer to posted list) . 22 . Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin board at city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, May 11 , at 4 : 00 p.m. pursuant to the Open Meetings Law, Article 6252-17 �1,,,,M ,A. S. ��� � O ��.•�``D YH [q ,. ii( e tA `` �`. 0 an ra L. LeGrand = \'" City Secretary : • �\ : o. fcn0 City of Southlake,Texas /1117 EXECUTIVE SESSION PERSONNEL The City Council may consider the appointment, employment, evaluation, reassignment, duties , discipline, or dismissal of the City Manager, City Secretary, City Attorney, Municipal Court Judge and City Boards and Commission Members. A complete list of the City Boards and Commissions are on file in the City Secretary' s Office. After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. PENDING LITIGATION The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1 . Jerry W. Crowder v. City of Southlake. October, 1988 . 2. Billie N. Farrar v. City of Southlake. June, 1988 . 3 . Ray L. Whitmore, Louis Messina and Marie J. Robinson v. City of Southlake. 1980 . 4 . Russell Sivey v. City of Southlake. September, 1989 . CONTEMPLATED LITIGATION 5. Vibra Whirl v. City of Southlake 6 . Margaret Freemen Claim. January, 1990 . Litigation is, by nature, an on-going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasion, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. If personnel issues or litigation issues arise as to the posted subject matter of this City Council Meeting, an executive session will be held. SLL 4/10/90 ORDINANCE NO. 5'07 " ' AN' ORDINANCE OF THE, CITY COUNCIL OF THE , • • ' , ' \CITY OF 'SOUTHLAKE E , TEXAS, APPROVING RAT ; , SCHEDULES TO BE CHARGED BY TEXAS UTILITIES- ; ' ELECTRIC COMPANY IN THE CITY OF- SOUTHLAKE, a , ' TEXAS, ; PROVIDING FOR. SCHEDULES,. _CONDITIONS; : SEVERABILITY; REPEAL OF CONFLICTING RDINANCES. ' : WHEREAS, ' on' January 16 ,' 1990 ,. . Texas ' Utilities Electric • 'Company (TUEC) field with the 'City ' of Southlake a request for an increase- in electric utility rates to be charged within the ' City in '. ' the amount of .approximately $442. 4 million per annum; and, ' . , ti. • 1 - WHEREAS,, the,' City, having suspended, the effective' .date, of such proposed, increase - 'from February ' 2,0 , 1990 , . ''and having., . considered the :same at. a public hearing, including the :evidence and " 'recommendations of , the Cities' ' consultants is of the, opinion and • •. ' ,- finds ' that the existing rates should , not be- "adjusted; , 1 ' ' NOW THEREFORE, BE IT ORDAINED BY THE CITY, COUNCIL OF' THE CITY OF• S OUTHLAKE, TEXAS,; THAT: • - , ' - " ' : ; -Part 1; That the, requested rates",, 'tariffs , and charge's , of •TUEC ford ' electric,, " power and energy sold_ within ' the 'City ' be ,in : all respects ' denied. The Schedules ,of, ' Rates, :'as ' a _re approved in ,,, ' _ accordance- ' herewith, are' ,those under ' which, the Company was operating immediately p it or •to the request for ,increase filed.: on J anuary , 1990,. T-UEC •= shall' be authorized ',"to ,• render electric service' and to' collect ,'charges -from .its customers •,for •the sale of . , electric power, , and energy within the; corporate . limits; of the City , until'' 'such time. as ,the` 'current Rat Schedules may be changed, modified-, " amended, or• withdrawn, with the approval ,of the City Council. , - . , !' Part 2 : Notwithstanding any • o,ther, prov"isi'on herein contained,' the' - rates of--TUEC within. the City of Southlake, shall not, in `any case, • exceed , the ' rates of . customers , Of -"TUEC 'in 'unincorporated , area , whether' such rates fpr ' unincorporated ' areas are set prior to or ' after the' .adoption, of- this ordinance and ,it shall be ' unlawful for , TUEC, ,";its' agendas,' servants,' or employees to collect or attempt'` to ' collect higher• rates , within : the City of-" Southlake than . ' are collected?by TUEC within unincdrpor.ated 'areas. - ' _ .' ' '- , ':Part 3: -•That the action_ of the ' City ' Council of 'the City' 'of , Southlake enacting -this Ordinance' Constitutes, . on -'the date of- its , ' ,, final passage; a final determination 1of, rates , for TUEC within the ' City ',of \Southlake'`" in accordance. with ,-Se.ction' 43 (e) of ', the )Public ' " .Utility Regulatory Act. • ' : , ' , . 1 %r r , , ' , - , , " , ' 1 l } r Ordinance No. .507, continued - , i page, two - ' ' Part 4: , Nothing '. in this Ordinance ' contained_ shall ,''be construed now •or hereafter as, limiting .,or tmodifying, in any manner, the right and power ,of the City " 'under ,,,the law to regulate the rates ' .and •` . charges of ,TUEC. . ,; ' • Part 5: That, all Ordinances, Resolutions, or parts 'thereof, 'in • • ' • Vconflict herewith are repealed to, the extent of- such conflict. - PASSED AND APPROVED ON FIRST` _READING 'ON" THIS !/ DAY' ,- OF' , 19A14,1 ri,�� ``kk {• 'I"'• ` MOOR ",. • =r; 1-2 ATT ST: . ` ��'�,� •••••V * `�of ```�� TY SECRETARY l: , - ',4i,/UIHp111M�•�oo- _; , _ PASSED AND APPROVED ON SECOND READING N THIS DAY OF, • 1990. ' •- - _ ' , OR , ' . - ATTEST: , ` - V - _'CITY ,-SECRETARY, , APPROVED AS TO FORM AND LEGALITY: 1 City Attorney : ' Date.: ' Adopted: - F . �` Effective: ' • , , " - ' '. t, P \ ( ' , City of Southlake,Texas MEMORANDUM May 7 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-13 Zoning Change Request ZA 90-13 is a zoning change request for 3 . 61 acres out of the C.B. McDonald Survey, Abstract No. 1013 , Tracts 4 , 4B, and 4C and the P.R. Splane Survey, Abstract No. 1453 , Tract 1B. The tracts are located at 2400 Highway No. 26 West across from Grapevine High School. The owner of the tract is the Fina Oil and Chemical Company. The tract is being annexed into the City as Agricultural; the requested zoning is Industrial-2 . The Land Use Plan indicates industrial use in this area. There were two (2) letters sent to properties within 200 feet. To date, there has been no response or inquiry to this request. On April 19 , 1990 , the Planning and Zoning Commission recommended approval (6-0) . On May 1 , 1990 , the City Council approved (5-0) the First Reading of Ordinance No. 480-19 . KPG d r� TRACT NO. 2 12/21/89 BEING a tract of land out of the C.B. McDCID SURVEY, ABSTRACT NO. 1013 and the P.R. SPLAI E SURVEY, ABSTRACT NO. 1453, Tarrant County, Texas, and being more particularly described as follows: BEGINNING IflaG at an iron stake in the Northerly Right-of-inlay line of the St. Louis - Southern Railway Company, said stake being a Southwest corner of a 5.33 acre tract of land as conveyed to American Petrofina, Inc. by Inez Blevins deed dated January 15, 1958, and recorded in Volume 3179, Page 593 Deed Records, Tarrant County; THENCE Southwesterly along said right-of—ay line to a 3/4 inch iron rod as described in Exhibit 'B' to Annexation Ordinance #139 of the City of Southlake; THENCE North 0 degrees 23 minutes East 170 Varas (471.75 feet) along an east line of said Ordinance #139 to a 3/4" iron rod for a corner; said rod also being a carman point in the South Boundary line of Annexation Ordinance #138; THENCE East along said South line of Ordinance #138 a distance of 666.65 feet to the PLACE OF BEGINNING, and containing 3.61 acres of land, more or less. g- 3 ! i rip. 1 i. ii, ,.: 1 ot: I f , A1et � 1 x' tfrt O ' 7' I,nn• 17 �,, rxl . .• 1 Poik .i In 1r I ` 1 1••'1 Mt, q/� I Inn. 1 +i 1 AA Ilrrr�w 1 11 .1 _l. 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G�V. 2.52 AC 1 _ y'-I 4, 1 N ��{1.�r �sr.e f' Yy Io . ool1 I I TN 40 / • Petroleum Co. of Texas • G1 IE� P 0 1 BEN:E- - ----- o . --1 N- • — — — — -- — G CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-19 AN ORDINANCE AMENDING ORDINANCE NO. 480 , 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 APPROXIMATELY A 3 . 61 ACRE TRACT OF LAND OUT OF THE C.B. MCDONALD SURVEY, ABSTRACT NO. 1013, TRACTS 4 , 4B, AND 4C, AND THE P.R. SPLANE SURVEY, ABSTRACT NO. 1453 , TRACT 1B. , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO INDUSTRIAL-2 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule 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 11 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 Agricultural 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 2( //ir 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 and 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 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: -2- 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 approximately a 3 . 61 acre tract of land out of the C.B. McDonald Survey, Abstract No. 1013 , Tracts 4 , 4B, and 4C and the P.R. Splane Survey, Abstract No. 1453 , Tract 1B, as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural District to Industrial-2 District. 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. 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. -3- Section 7 . That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000 . 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the day of , 1990. PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- or7 Lay or outniake, i exas MEMORANDUM May 7 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-15 Zoning Change Request/Concept Plan ZA 90-15 is a zoning change request and concept plan for 39 . 5508 acres of land out of the Littleberry G. Hall Survey, Abstract No. 686 , Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706 , Tracts 9A and 9A1 . - The tracts are located on the west side of N. White Chapel Blvd. across from Mission Hill Estate. The owner of the property is Marion G. Truelove; the applicant is the James R. Harris Company. The current zoning is Agricultural; the requested zoning is Single Family 20 B; and the amended request is SF-20 A. There were eleven (11) letters sent to property owners within 200 feet. To date, there has been only one inquiry: Mr. and Mrs. Kasper, 750 N. White Chapel Blvd. , were opposed to the SF 20 B zoning due to the home size minimum of 1 ,500 square feet . He also expressed concern over the current survey of the property and his existing air strip. On April 19 , 1990 , the Planning and Zoning Commission recommended approval (4-3) of the SF 20A zoning request. On May 1 , the City Council approved (4-0) the First Reading of Ordinance No. 480-20 eliminating the need for a street stub to the North as recommended by the City Engineer. KPG Legal Notice City of Southlake ZA 90-15 April 4, 1990 April 15, 1990 • BEGINNING at an iron pin in the vest line of North White Chapel Blvd.• P said point being the northeast corner of the tract described in Volume 6430, Page 35, above referenced and being, by deed call, 25.0 feet vest of the northeast corner of said L. B. G. Hall Survey; THENCE S 00'05'08" W along the West line of said North White Chapel Blvd. and the east line of the last,referenced tract for a distance of 493.93 ; feet to an iron pin for corner; THENCE S 00'03'26" E continuing along said vest line of North White ' Chapel Road for a distance of 497.27 feet to a 3/4" iron pin, said point being the southeast corner of the herein described tract; THENCE S 89'31'25" W, 1205.06 feet along the south line of the last referenced tract to a point for corner; - THENCE N 25'19'46" E for a distance of 222.84 to a point for corner; THENCE N 05'13'18" E for a distance of 63.08 feet to a point for corner, said point being the beginning of a curve to the right having a radius of 572.0284 feet; THENCE continuing along said curve to the right for a distance 54.1434 feet through a delta angle of 08'34'37" to a point for corner, said point being the beginning of a curve to the right having a radius of 832.0606 feet; • THENCE along said curve to the right for a distance of 322.6046 feet through a delta angle of 06'47'07", to a point, said point being the • beginning of a curve to the left having a radius of 813.0321 feet; THENCE continuing along said curve to the left for a distance of 183.7526 feet through a delta angle of 07'03'02" to a point for corner; THENCE S 89'56'46" W for a distance of 265.29 feet to a point in the"west line of the aforementioned Truelove tract; THENCE N 00'58'29" W for a distance of 181.00 feet to a 1/2" iron rod ' found at the northwest corner of the last referenced tract, same being the ' southwest corner of the tract described in Volume 3373, Page 52, as referenced above; THENCE N 00'01'06" W for a distance of 439.02 feet to a 1/2" iron rod found at the northwest corner of the last referenced tract and the ; northwest corner of the herein described tract; THENCE .N 89'55'06" E for a distance of 1322.04 feet along the north line of the last referenced tract to a 1/2" iron rod for corner in the vest lime of North White Chapel Blvd.; THENCE S 00'01'54" E for a distance of 440.89 feet along said west line of said North White Chapel Blvd. to the POINT OF BEGINNING and containing 39.5508 acres of land, more or less. 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I t__ 0 0 I I II Io 9 e 7 e 3 0 I I es 4 1:11:11-13: 4 a' : 1 as c oi J1TRACT 9 BRIAN FRAZER. TRUSTEE CHAPEL DOWNS DRIVE i I IL y-_ lia VOL 7G20.PG. lase yr . .—I 3I ; CHAPEL DOWIrg 1111 1 p 20 1e 1 ,� c . r--------_,-----cp CIO 1 1 IN : d I o Q I 27 t7 2 ; 17 2 C l TH AS M. H su' • AeST_7 C(yti3 -.1 LB.G. HALL SU'VEY AEI's• 26 TRACT 2 IIIJ I O CO 10 BRI AVER, TRUSTEE 3 02 PG. 19 I ?CI e a 11 Q tl IDr 25 2 'Crrp �� 13 4 15 4 a < 111 O 3 4 .*.' 0 A° sq).E.3 IQ t g- _I rrr 1 A' 14 ��3 14 AP. 3 C x MISSION DRIVE r 3 I • �u 'tom o la •�' 3Alba f' I- - " 4 r A } �Q = r 3 3 . I t r ;i iJ e m Q� 1a j o 1 I o e o . 7 12 7 A �_.l It' I % 9cr . jik OVE HENRY CT., --- �`" I 22 M, • 7 a O3 --1` 11 —1 I 4 I ' !! 11 5� N 11 a 11 e ' I I it V1 11 _ di a e F O� -� 11 IEC n • I.()' 1 ° 1 O. 10 9 r.I 7 11 3 21 10 a • 1 w a II WI 1 r Ito 1 a ;V : II 1G 1 c GREEN OAKS LANE ID 1 1 10 TRACT 2C 2e • / O 1 I I MARCUS WAYLAND Y 19 1e 17 to 1S 1413 12 11 L 1 L • sp VGL 4eS2. PG. JaJ (�`L �'/ I SAN SABA DRIVE .._•-.-- --- ---.. ._ __- sea !r'2J' W r Tan.ea' ._ I • 1 I 1 I TRACT IB I W RM PU I v+ri•; 1 T%ISTING IONING - C 5. 1 4CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-20 AN ORDINANCE AMENDING ORDINANCE NO. 480 , 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 APPROXIMATELY A 39 . 5508 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, TRACTS 1D AND 1F AND THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 , TRACTS 9A AND 9A1 , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-20A DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule 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 11 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 Agricultural 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 r 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 and 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 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: -2- I1-7/ 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 approximately a 39 . 5508 acre tract of land out of the Littleberry G. Hall Survey, Abstract no. 686 , Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706 , Tracts 9A and 9A1 , as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural District to Single Family-20A District. 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. 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. -3- Section 7 . That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000 . 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the day of , 1990 . PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- City of Southlake,Texas MEMORANDUM/Pi May 7 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, 'Zoning Administrator SUBJECT: ZA 90-16 Zoning Change Request/Concept Plan ZA 90-16 is a zoning change request and concept plan for 3 . 87022 acres out of the Littleberry G. Hall Survey, Abstract No. 686 , being a portion of Tract 1F. The tract is located in the Southwest Corner of the proposed development adjacent to Southlake Estates. The owner of the property is Marion G. Truelove; the applicant is the James R. Harris Company. The current zoning is Agricultural; the requested zoning is Single Family 30 . There were five (5) letters sent to property owners within 200 feet. To date, there have been no responses or inquiries . On April 19 , 1990 , the Planning and Zoning Commission recommended approval (7-0) of the SF 30 zoning request. On May 1 , 1990 , the City Council approved (4-0) the First Reading of Ordinance No. 480-21 . KPG /L7— METES & BOUNDS DESCRIPTION (Proposed SF-30.0 B Zoning) Field notes for a tract of land in the L. B. G. Hall Survey, Abstract No. 686, situated in the City of Southlake, Tarrant County, Texas, and being a portion of the tract described in a deed to J. P. Truelove and wife Marion Truelove, of record in Volume 6430, page 35, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/4" iron rod found for corner, said iron rod being at the southwest corner of said Truelove tract; THENCE N 00°30'32" W for a distance of 498.67 feet to a 1/2" iron rod found for corner; THENCE N 00°58'29" W for a distance of 322.51 feet to a point for corner; THENCE N 89°56'46" E for a distance of 265.29 feet to a point for corner, said point being the beginning of a curve to the right having a radius of 813.0321 feet; THENCE continuing along said curve to the right for a distance of 183.7526 feet through a delta angle of 07°03'02" to a point for corner, said point being the beginning of a curve to the left having a radius of; 832.0606 feet; THENCE continuing along said curve to the left for a distance of 322.6046 feet through a delta angle of 06°47'07" to a point for corner, said point being the beginning of a curve to the left having a radius of 572.0284 feet; THENCE continuing along said curve to the left for a distance of 54.1434 feet through a delta angle of 08°34'37" to a point for corner; THENCE S 05°13' 18" W for a distance of 63.08 feet to a point for corner; THENCE S 25°19'46" W for a distance of 222.84 feet to a point for corner, said point being in the south line of said Truelove tract; . . THENCE S 89°31'25" W along the south line of said Truelove tract for a distance of 103.83 feet to the POINT OF BEGINNING and containing 3.87022 acres of land, more or less. VH1%. r11LL ICJ 1H1i 1 T. _ __:), -- - 9.06 r-J22.0 - -- I �_` lO �''} 1 1 1.,rT--- `©✓ 1 1 1044 ti0 l O � tt 10 9 e 7 e e 0 4 03 2 1 p 32 I 31 I 30 1 I TRACT 9 �I O I I 1 BRtAN FRAZIER, TRUSTEE CHAPEL DOWNS DRIVE VVV —i— VOL 702e, PC. 1968 31 I I ---- -mil_-_ • d I I CHAPS pplyNS DRIVE. ,� DC P• 2e 18 ,i --_-----��,—`_ SI p 0 1 10 1• e 2 1 14 • L c6 © d I 27 17 2 Alt) 1 2 d 17 2 TTi r AS M. H ., ABST_7 --1- I cCY•O 26 LB.C. HALL SU,VEY AB'1444..6 TRACT 2 16 3 16 I O BRI111 AZIER, TRUSTEE 3 028 PC. 19 I ?CI 3 I I 4 111!!!!!! 25 �, I I m 1 2 O 15 4 di 15 I h . 24 0 ? ��✓ �� I o C 1 1r h 14 .5 14 O� 5 MISSION DRIVE S 23 ..1 :\i , 1J Li ' 6 7zt �I�a z io • n 0 m Q 13 e . I lh 1 1 Z o e o ; —�/ ��45 I H I>1 1 2 ---J \V 4.�'" ilk QGe i 0 ICI 7 I 12 7 �.I OVE HENRY CT.�--�-g 7 r 22 M �I 7 gn 0 ---1 , d`' .,. 1 3ii1 I /11 �� `— 1 5� .i�' of ;0. 11 a 11 8 e I1 t M I •.o F — 11,1 1 ��" Ix K 1 7 % 6 ;I• 21 ' 4. 10 • 9 10 9 M.I I W • 1`1 IN F11 • ` ) 9 1 1 0 11 1 \% 01 • GREEN OAKS LANE P •- 11 ,o \ i • I 10 TRACT 2C 20 / O I I MARCUS WAYLAND �� 19 1e 17 18 15 14 j2)12 11 L 1 1 VOL 4852, PG. 393 - — -- -- SAN SAGA DRIVE _. _._ S 89 31'25' W ,J04.89' I TRACT 20 1 I I W RAI PII 1VA/1•. I F%IS11NC ZONING' - C.S. //ir CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-21 AN ORDINANCE AMENDING ORDINANCE NO. 480 , 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 APPROXIMATELY A 3 . 87022 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 , BEING A PORTION OF TRACT 1F, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-30 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule 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 11 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 Agricultural 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 //0✓S iiir 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 and 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 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: -2- //ir 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 approximately a 3 . 87022 acre tract of land out of the Littleberry G. Hall Survey, Abstract no. 686 , being a portion of Tract 1F, as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural District to Single Family-30 District. 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. 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. -3- %--? Section 7 . That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon //irconviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.. 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the day of , 1990 . PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- City of Southlake,Texas MEMORANDUM D-96) May 7 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, 'Zoning Administrator SUBJECT: ZA 90-18 Amending Ord. 480 (Portable Buildings) ZA 90-18 is a recommendation from the Planning and Zoning Commission to consider amending the zoning ordinance No. 480 to allow portable buildings in all districts as a Specific Use Permit within the City of Southlake. There is no provision in the zoning ordinance to allow portable buildings as it is currently written. The only reference to temporary buildings is in Section 34 , Accessory Uses. This section addresses construction and/or sales offices during actual construction. Section 44 . 12 , permitted Special Exception Uses, does not list temporary buildings for any district. If it is not specifically listed, it cannot be considered by the Board of Adjustment. Temporary/portable buildings are considered alternatives in many communities during times of rapid growth. Private schools , municipal facilities, and many commercial businesses utilize them for an interim period. State law exempts Public Schools from zoning laws. On April 19 , 1990 , the Planning and Zoning Commission recommended (5-2) amending Ordinance No. 480 , Section 45. 1 , Specific Use Permits, to allow portable buildings in all districts. Their recommendation gave the City Council the right to relax or add additional district regulations per their discretion. On May 1 , 1990 , the City Council voted (5-0) to continue the public hearing after the City Attorney incorporated their discussions into the Ordinance (No. 480-A) . KPG 10" ORDINANCE NO. 480-A AN ORDINANCE AMENDING ORDINANCE NO. 480, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, BY AMENDING SECTION 45, "SPECIFIC USE PERMITS" TO PROVIDE FOR THE USE AND LOCATION OF PORTABLE BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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 of Southlake has heretofore adopted Ordinance No. 480 as the Zoning Ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems it necessary to amend 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 That Section 4, "Definitions" of Ordinance No. 480 is hereby amended by adding the following definition thereto: "PORTABLE BUILDING - A building which is preassembled off-site and designed to be moved from site to site. " \slake\ord.23 -1- SECTION 2 That Section 45. 1 of Ordinance No. 480 is hereby amended by adding the following specific use to the list of specific uses permitted therein: USE DISTRICTS WHERE PERMITTED/ \v S * * * 4 . Portable Buildings SECTION 3 That Section 45, "Specific Use Permits" of Ordinance No. 480 is hereby amended by adding a new Section 45.7 to read as follows: "45.7 SPECIFIC REQUIREMENTS FOR PORTABLE BUILDINGS: Portable buildings approved as a specific use shall r be subject to the following requirements: i l (a) Approval of a portable building shall be on a temporary basis only. Any permit granted / hereunder shall be for a maximum period of three illt (3) years subject to renewal for • year periods. ►4' (b) All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or shall meet all requirements of .the City' s building codes. (c) Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. (d) The site plan for the portable building submitted in accordance with Section 45.2 above, shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. \slake\ord.23 -2- { SECTION 4 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 5 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 6 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. \slake\ord.23 -3- SECTION 7 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 or any other ordinances affecting portable buildings 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 8 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 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty 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 \slake\ord.23 -4- within ten 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 FIRST READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord.23 -5- / A — � City of Southlake, Texas MEMORANDUM April 9 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-09 'Zoning Change Request and Concept Plan - Quail Ridge Addition ZA 90-09 is a zoning change request and Concept Plan for 19. 995 acres out of the Littleberry G. Hall Survey, Abstract No. 686 , Tracts 3F and 3G. The property is located on the north side of West Southlake Blvd. (FM 1709) approximately '800 feet West of Shady Oaks Dr. The owner of the property is First National Bank of Grapevine. The applicant is the Bass Development Co. The current zoning is Agricultural; the requested zoning is Single Family 20 A residential. __ Thenew„development_proposes,,_34_ lots and wi.l,l ,be_ know .,_as : . , Quail Ridge. There were ten (10) letters sent to property owners within 200 feet. To date , there have been four (4) responses: R.J. Stacy, 320 N. Shady Oaks Dr. , and Rick Stacy, 1000 W. Southlake Blvd. , were both opposed because the request is not compatible with the Land Use Plan (low-density residential) and it would create drainage problems and congestion and would be a detriment to the rural atmosphere. Joe Gregory, 1100 W. Southlake Blvd. , was opposed due to the added drainage across his property. David Howell , representing Timber Lake, across FM 1709 , was in favor subject to: 1) entrance road to subdivision being aligned with Timber Lake Place and 2) the developer participating in widening of FM 1709 to add a turn lane required by the State On March 29 , 1990 , the Planning and Zoning Commission approved tabling (5-0) the zoning change request and Concept Plan until April 5 , 1990 . On April 5 , 1990 , the Planning and Zoning Commission denied (4-2) the zoning change request and concept plan due to incompatibility with the City' s Land Use Plan. On April 17 , 1990 , the City Council approved (5-0) the applicant' s request to table the request until May 15 , 1990 . KPG/ew 12- � FIELD NOTES BEING a tract of land in the Little Berry G. Hall Survey, Abstract No. 686 , situated in Tarrant County, Texas, and being - the tracts described in deeds to Lanny M. Tate of record in Volume 6360 , Page 736 , and Volume 6360 , Page 740 , of the Deed Records of Tarrant County, Texas, said tracts being contiguous are considered for the purposes herein as one tract and is more particularly described by metes and bounds as follows; BEGINNING at a 5/8" iron pin in the North line of Southlake Boulevard • (Farm to Market Highway No. 1709) , said point being, by deed calls, S 88° 30' 20" E, a distance of 1299.13 feet and Northerly 50.0 feet from the Southwest corner of said Hall Survey; THENCE, N 1° 31' 55" E, a distance of 1307 .67 feet to a 5/8" iron found for corner,; THENCE, N 89° 51 ' 29" E, 661.56 feet with the general course of an old fence line to an "x" cut in concrete for corner; THENCE, S 1° 31' 55" W, a distance of 1326.56 feet to a PK nail found in the North R.O.W. line of said Southlake Boulevard for THENCE, N 88° 30' 20" W, a distance of 661.28 feet along said line to the PLACE OF BEGINNING and containing 19.995 acres of land. 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LC,:— •• \8 � ' ,s w l0,1 { e.t. r i m .as m,'j,. 13 ,1 / t4 20,010 f.f. l0,010 t.► \ a0,f4e B.R. ,� ' 11 L s I Z ~ 50,010 e.■.A . / Y' • 11,011 f.f. m a 8 :,7 I o • !thou cr. n a I i 346' / ! • \ •�■. II ■ ` 4 1 Km mem is w e� 14 ,- r^ 90 16\ 14 \ �� ,� .� 1!f•� !6 ■'T 1� g I IF � ■.! ,Ol! 8.1.� 10' 23,111 e.t. '�, 27,071 e.f\ 11,111 S.F. \ �— ;:■.i 1o• ,eo• S.F. I ' i c • BLOCK 241,4411.7. 1I . F 41 146' 140' 101• ,, 171. y . .. 944' ? 433' 160•I I r V.431 :II tit' E 1 .1.007.67' // U. • 1, V - . - CITY OF SOUTHLAKE, TEXAS • ' • 1 ORDINANCE NO 480-18 ' ;AN ORDINANCE AMENDING•, ORDINANCE NO. 480 , . T,HE , ' ' . ' - "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 APPROXIMATELY. _ A , - • . • , 19 . 995. •• ACRE • TRACT OF LAND, - .OUT.. OF, ,THE -- • ' ' , - L'I TTLEBERRY G., , HALL\ SURVEY, (,ABSTRACT NO: 6'8 6, , - -, - ' , TRACTS 3F ;AND 3G;' AND MORE FULLY AND COMPLETELY . ' - ' • - DESCRIBED ' IN EXHIBIT ".A.';' • FROM- AGRICULTURAL .• . , • 'ZONING ' .DISTRICT TO , -SINGLE •FAMILY-20'.0A ' ' ' ' ',RESIDENTIAL ZONING^ ,DISTRICT 'IN ACCORDANCE WITH - ' . ,` THE ' EXHIBIT, ATTACHED, •HE-RET.O AND .'SUBJECT- TO :THE , - 'SPECIFIC REQUIREMENTS • . CONTAINED 1 'IN `'• T'HIS . ` . ORDINANCE; ' ;CORRECTING• THE' OFFICIAL' ZONING, MAP; , PRESERVING ALL OTHER PORTIONS OF THE ZONING ' '. --ORDINANCE.;. PROVIDING A. 'SEVERABILITY CLAUSE; ' - ', ' DETERMINING THAT THE -.PUBLIC' INTEREST,`\ MORALS ' , '_ AND GENERAL WELFARE - DEMAND .THE ZONING CHANGES ' ' ' - - ' - ' AND AMENDMENTS HEREIN ' MADE; .PROVIDING 'A PENALTY 1 ' . , ,,,NOT', TO ;' EXCEED. THE'• SUM OF TWO THOUSAND DOLLARS ' • ' , ( 2000 .-00) ' FOR \- VIOLATIONS OF THE •ZONING • •ORDINANCE; , PROVIDING A ' SAVINGS CLAUSE; • AND • , PROVIDING 'AN EFFECTIVE" DATE... • +.. , WHEREAS , • the City, of 'Southlake,- • Texas is_, a' '. homerule 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; Wand,,; . t ' , - WHEREAS ,' pursuant" - to Chapter 11 'o f, the Local Government Code,, • - the City has the ,authority ' , to adopt a , comprehensive ' zoning . ordinance and map regulating'. the :Location ,' and .use .' of buildings, 1 , other' structures -and land for ,business , industrial, residential and , , other Purposes",' end. :,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 h'ereix after . described property- is currently zoned' as Agricultural under the ;City' s Comprehensive Zoning Ordinance; _ and a- . " , WHEREAS,' a - change ' in the' zoning • classification'' + of said, H ' - . . property, ,was 'requested by ,a, person -or: corporation , having - a . propr.ietary .interest in,-,said property; • and , - ' .• - - WHEREAS,- the, City Council of the` City•,of ' Southlake-, Texas, at' r- 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'-s'ites; safety from• fire hazards ' and .damage's; noise , ' r , J f. , V ,._ 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, ge'nerate'd , . by ,the proposed, use'. b -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 gall, parking , . • areas "•to control, dustr` effect : on 'the ` promotion . of ;health , and the - , , general • welfare; effect . on light and .' air;• , effect ori- the . . • over-crowding ' of the - "land; ; effect ""-on ' the ' concentration of , - population,' and effect on transportation, ,wat,er, :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 ,, • . . inost,`appropriate, use of. the land throughout this, City; ,and`; • - , ' ' WHEREAS, the. City .Council of,; the -City of Southlake, -Texas; - ' - does 'find. that here is a public' necessity for the, zoning'changes ,- that the ' public demands them,,---that the public interest- clearly . require's - the, amendments , , and that the zoning ' changes "do • not' • . 'unreasonably invade the rights ':•of tho-se , who bought or 'improved , ;property with reference to the , classification which "the' 'existed ' - • time their original investment 'was .made;-_ and, . WHEREAS, ` the City - Council of the City of,• Southl'ake, Texas, ' ` . , does find that . the ' changes in zoning' lessen the 'congestion in the ', , '-, ,e • streets , helps •scur"e safety from fire , panic ,'- and ,other; dangers! ' - promotes . the health . and ' the general ,welfare ,- pr'ovid'e's . adequate light and air, prevents the over-crowding of -"land, avoids undue concentration •of _population, .and facilitates the adequate, •provision - , . of -transportation, ,watr, sewerage, schools , parks and 'other public , 1 requirements; and, , . • , , WHEREAS, the City Council of the ' City of Southlake; Texas, has - , , determined, that .there is aa ,, 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 •irequested 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 ' 'i'n the best interest of the public at large, • the citizens of the City of -Southlak,e,. Texas, . and helps' promote the ' general health, safety and welfare; of the 'community: r • ; - NOW,. THEREFORE, BE- IT; ORDAINED ' BY THE CITY COUNCIL. OF THE' CITY OF -SOUTHLAKE,, TEXAS: , ; _ -2- . _ In_II , ' Section 1k. - 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; approximately . a- 19 9.95' acre ' tract of ;land out of the 1 `, Littleberry - G. Hall Survey, Abstract No. 686 , Tracts - .3F' and- " , 30, as more fully and completely described in Exhibit • "A, " • attached hereto and incorporated herein/ , , • From' '`lAgricultural. , Zoning ' District ' to Single Family-20. OA ' Residential District. , _ + 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,7 subj ect to all ,the applicable ' regulations contained •"in ,.said' Zoning Ordinance:( and all , other . applicable' and - pertinent, ' ordinances' _for , the c '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. ; �` j , Section 4'. That the zoning regulations ' and districts as herein established have been - m'ade , in ` accordance' ' with ' the • , , , - comprehensive _plan f'or - 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 thre 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 i 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 •conser-ving :the value of , building's and - - encouraging , the' 'Most 'appropriate use: of land throughout 'the ,. ,community: - , • Section 5 : '- That this 'ordinance' shall be ` cumulative",i'of all 1 , ,, 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 provision`s '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. '} , , - - -3J , e} Section 7 . That , an , pers y on violating any of the provisions of this ordinance shall be deemed guilty of a • misdemeanor: and upon 1 conviction thereof shall ' be fined in a sum not to .exceed Two , Thousand Dollars ($2000. 00)'. • A separate .offense shall be deemed , '- committed' upon 'each, day during or on which a violation occurs -'or • continues . ; ' PASSED ' AND APPROVED on the 1st read�in.g the• day of 1990 . 1 ; ' PASSED AND APPROVED on the 2nd reading the ' day of 1990. . _ F 1, ' Gary Fickes,- -Mayor - City o'f Southlake ,ATTEST: ; , t. , j' • \ i r Sandra L. LeGrand, , City Secretary ' APPROVED AS TO FORM: ' ' - • City Attorney \, ` i / ' City of. "Southlake i } F- • _ I . , ) ' i� ' In _ i7 VILy VI %7VUU IIW%G, 1GAQO MEMORANDUM May 7 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-20 Final Plat - Brewer Addition ZA 90-20 is the Final Plat of Brewer Addition, 8 . 234 acres out of the J. J. Freshour Survey, Abstract No. 521 , being the northern portion of Tract 3J. The tract is located on the south side of Florence Road, approximately 0. 5 miles from Pearson Lane. Mr. Brewer proposes four (4) lots with a temporary turnaround easement adjacent to the five-acre tract the City purchased as Water Tower site No. 4 . The owner/applicant is C. J. Brewer. The tract was annexed in December, 1988 as Agricultural. The requested zoning is Single Family-1 Residential. No additional letters were required to be sent. On May 3 , 1990 , the Planning and Zoning Commission approved (6-0) the Final Plat subject to the City Engineer' s letter dated April 26 , 1990 , items 1-3 . KPG/ew /3 - / EI10 1 MAIM IN ja E FiT I l „ : ; ►� I " i rriuol n ` �� i ae !"" swiSiTwi . riliY1101 I. "I I n 0 r I ,c •I X I T J • _.. 11110'-loot g __. .... .... ..... . _ _. _._..... 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Sbc/ 1 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS REGULATING ABANDONED AND JUNKED VEHICLES; PROVIDING FOR NOTICE AND HEARING PROCEDURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR REMOVAL AND ABATEMENT OF ABANDONED AND JUNKED VEHICLES; PROVIDING FOR ENFORCEMENT PROCEEDINGS; DECLARING THAT ABANDONED AND JUNKED VEHICLES ARE PUBLIC NUISANCES; 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 I 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 Council of the City of Southlake, Texas has determined that abandoned and junked vehicles found within the city limits of the City of Southlake are detrimental to the safety and welfare of the general public, tend to reduce the value of private property, invite vandalism, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, are detrimental to the economic welfare of the City by producing urban blight, adverse to the maintenance and continuing development of the City, and are a public nuisance; and WHEREAS, the City Council has determined that regulations should be adopted governing the removal and abatement of abandoned and junked vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: \slake\ord.22 -1- /V�/ SECTION 1 DEFINITIONS For the purposes of this ordinance, the following definitions shall apply: ABANDONED VEHICLE - A motorcycle, motor boat, trailer or any motor vehicle subject to the registration requirements of the Certification of Title Act, Article 6687-1, Vernon' s Texas Civil Statutes, that is inoperable and more than eight (8) years old, and left unattended on public property for more than forty-eight (48) hours; or any such vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours; or any such vehicle that has remained on private property without the consent of the owner or person in control of the property for more than forty- eight (48) hours; or any such vehicle left unattended on a right-of-way of a designated county, state or federal highway within this state for more than forty-eight (48) hours. ANTIQUE AUTO - A passenger car or truck that was manufactured in 1925 or before, or a passenger car or truck that is at least thirty-five (35) years old. COLLECTOR - The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles, or parts of them for his own use in order to preserve, restore or maintain an antique or special interest vehicle for historic interests. JUNKED VEHICLE - A motor vehicle as defined by Article 6701d- 11, Vernon' s Texas Civil Statutes, that: 1. is inoperative; and 2 . (a) does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate; or (b) is wrecked, fully dismantled or discarded; or (c) that remains inoperable for a continuous period of one hundred twenty (120) days. SPECIAL INTEREST VEHICLE - A motor vehicle of any age which has not been altered or modified from original manufacturer' s specifications and because of its historic interest is being preserved by a hobbyist or collector. \slake\ord.22 -2- ARTICLE I. JUNKED VEHICLES SECTION 2 PUBLIC NUISANCE A Junked Vehicle that is located in a place where it is visible from a public place or public right-of-way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance, creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City and is hereby declared' to be a public nuisance. A person commits an offense if he maintains a public nuisance as determined under this Article. SECTION 3 ABATEMENT OF PUBLIC NUISANCE The City may abate any Junked Vehicle which has been deemed to be a public nuisance in accordance with the provisions of this ordinance. A person authorized by the City to administer the procedures set forth in this Article may enter private property for the purposes specified in the procedures contained herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. The municipal court judge may issue any orders necessary to enforce the procedures set for in this ordinance. \slake\ord.22 -3- SECTION 4 ADMINISTRATION The procedures set forth in this Article shall be administered by regularly salaried full time employees of the City of Southlake who may be designated by the City Manager, except that the removal of a vehicle from property may be performed by any duly authorized person. SECTION 5 NOTICE Prior to any official acts being taken to abate and remove a Junked Vehicle constituting a public nuisance, not less than ten (10) days written notice shall be given, except as hereafter provided, to the following parties: 1.. The last known registered owner of a Junked Vehicle; and 2 . Any lienholder of record; and 3 .' The owner or occupant of the private premise or public premise upon which the Junked Vehicle is located, or the owner or occupant of the premise adjacent to the public right-of-way on which the Junked Vehicle is located. Such notice shall be mailed by certified mail with a five day return requested and shall state the following: 1. That the vehicle has been declared a public nuisance and describing the nature of the public nuisance; 2. The ordinance number under which the vehicle constitutes a public nuisance; 3 . That the vehicle must be removed and abated within ten (10) days; and \stake\ord.22 -4- /4/ 4 . That the addressee is entitled to a public hearing if requested prior to the expiration of the ten (10) day period, and that the public hearing, if requested, must be held prior to the removal of the vehicle or vehicle part by the City. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of return of the notice. SECTION 6 PUBLIC HEARING A request for a public hearing shall be in writing and shall be addressed to the municipal judge of the City of Southlake. A public hearing, when requested, shall be held before the judge of the municipal court. At the public hearing, the municipal judge shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the owner, witnesses, City personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time. Following the public hearing, the municipal judge shall consider all evidence to determine whether the vehicle or any part thereof constitutes a public nuisance as alleged. If the municipal judge finds that a public nuisance does exist and there is sufficient cause to abate the nuisance, and if the notice requirements provided in this Article have been met, the municipal judge shall make a written order setting forth his findings and ordering that the nuisance be abated. The order shall include a \slake\ord.22 -5- �i description of therve,hicle and a correct identification number if • such information ids';available at the site of the vehicle, and shall state that the vehicle shall be disposed of in accordance with the Texas Litter Abatement Act (Article 4477-9a, Texas Revised Civil Statutes) . SECTION 7 DISPOSITION OF JUNKED VEHICLE Any Junked Vehicle taken into the custody of the City of Southlake pursuant to this Article shall be disposed of in accordance with the applicable provisions of the Texas Litter Abatement Act. After any Junked Vehicle has been removed under the authority of this ordinance, it shall not be reconstructed or made operable again. No later than the fifth (5th) day after the date of removal of the Junked Vehicle pursuant to this ordinance, notice must be given to the State Department of Highways and Public Transportation identifying the vehicle or vehicle part. SECTION 8 EXEMPTIONS FROM THIS ARTICLE The provisions of this Article shall not apply to a vehicle that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, & vehicle that is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or junkyard, or an unlicensed operable or inoperable Antique or Special Interest Vehicle stored by a Collector on a Collector' s property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health y \slake\ord.22 s•i -6- hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. SECTION 9 CRIMINAL PROSECUTION Whenever a Junked Vehicle is found to exist within the City in violation of this ordinance the City may, without notice, pursue the filing of an immediate criminal complaint against the owner of the vehicle or persons responsible for such violations in accordance with the terms of this ordinance. Should an owner or occupant of private property or public property or a premise adjacent to the public right-of-way be notified to remove a Junked Vehicle from such property and should such owner or occupant fail to either remove such vehicle or request a hearing within the required ten (10) day period, the City may, in addition to the abatement procedures provided herein, pursue the filing of a criminal complaint against such owner or occupant in the City' s municipal court for violation of this ordinance and the Texas Litter Abatement Act. SECTION 10 ORDER OF ABATEMENT UPON CONVICTION Whenever a person is convicted of maintaining a Junked Vehicle constituting a public nuisance in violation of this ordinance, the court shall in connection with its guilty findings enter an order directing the guilty party to abate the public nuisance which was the subject of the criminal complaint. Such order shall require the abatement of the public nuisance within a specified period of time, not to exceed twenty (20) days, and shall further provide \stake\ord.22 i -7- fs /V- 7 that if abatement is not accomplished within such time period, the City of Southlake shall be authorized and directed to abate the nuisance and assess the reasonable costs of abatement against the guilty party, and the order so entered shall take effect immediately upon the conviction becoming final . ARTICLE II. ABANDONED MOTOR VEHICLES SECTION 11 It shall be unlawful for any person to stand, park or allow to stand an automobile, truck or any vehicle on any public property, for a period in excess of forty-eight (48) hours when such vehicle is parked illegally within the city limits of Southlake, in contravention of this ordinance or any other city or state law. SECTION 12 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLE 1. The police department may take into custody an abandoned vehicle found on public or private property if such vehicle is not removed within forty-eight (48) hours of notice. A notice to abate will be placed on the front windshield and/or any other prominent place on the vehicle. The notice will contain the following information: (a) A statement requesting removal of the vehicle within forty-eight (48) hours of issuance of the notice; (b) The date and time the notice was placed on the vehicle; \slake\ord.22 -8- N (c) A reference to the ordinance or other law which requires the removal of the vehicle. 2 . The police department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities to remove, preserve and store an abandoned vehicle. 3 . An abandoned vehicle shall be impounded and disposed of in accordance with the applicable provisions of the Texas Litter Abatement Act. SECTION 13 NOTICE When the police department takes into custody an abandoned vehicle, the department shall mail a notice to the last known registered owner and any lienholders of record as required under Section 5.03 of the Texas Litter Abatement Act. The notice shall include a statement that the vehicle will be disposed of if the owner or lienholder does not exercise the right to reclaim the vehicle within twenty (20) days of the date of the notice. Such notice shall also state that the procedures for reclaiming the vehicle shall include an administrative hearing on the validity of the impoundment. The owner may reclaim his vehicle within twenty (20) days after notice herein by bringing the title of the vehicle and paying the police department all towing and storage fees that are due. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine the reasonable certainty of the identity and addresses of all lienholders, notice by one \slake\ord.22 -9- /Vr publication in a newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice under this Article. The notice by publication may contain multiple listings of abandoned vehicles. Publication shall occur within the same time prescribed for mailed, written notice and shall contain the same contents as required in Section 13 above. SECTION 14 ADMINISTRATIVE HEARING All requests for a hearing as provided in this Article shall be made in writing and delivered to the police department. A hearing, if requested, shall be held within seventy-two (72) hours of the time of such request, exclusive of Saturdays, Sundays and City holidays, unless a later date, not less than five (5) days after the request, is requested by the person entitled to the notice. The hearing shall be presided over by a hearing officer designated by the Chief of Police. If such hearing officer rules that the impoundment was improper, the vehicle shall be released and no charges for the impoundment, preservation or storage of the vehicle shall be assessed. If the hearing officer rules that the impoundment was proper, he shall order that the vehicle not be released until payment of reasonable impoundment, preservation and storage charges. SECTION 15 APPEAL If the person requesting the hearing is not satisfied with the ruling of the hearing officer on the issue of the validity of the impoundment, that person shall have the right to appeal according to this section. An appeal from the decision of the hearing \slake\ord.22 -10- officer shall be requested within forty-eight (48) hours from the time of the ruling of the hearing officer. The municipal judge shall preside at the appeal hearing, which shall be held within forty-eight (48) hours of receipt of notice of appeal unless a later time is requested by the person entitled to notice. If the municipal judge orders that the impoundment was improper, the vehicle shall be released immediately with no charges for impoundment, preservation or storage. If the municipal judge orders the impoundment was proper, the vehicle shall be released only upon payment of reasonable charges for the impoundment, preservation and storage of the vehicle as determined by the municipal judge and those fees assessed by the judge to cover the hearing. SECTION 16 PREHEARING RELEASE If the person requesting the hearing requests that the vehicle be released prior to the time of the hearing, upon the posting of a cash bond in the full amount of all impoundment, preservation and storage fees, the vehicle shall be released pending the outcome of the hearing. SECTION 17 STORAGE FEES The police department or an agent of the police department that takes custody of the abandoned vehicle is entitled to reasonable storage for: 1. A period of not more than ten (10) days beginning on the day that the department takes custody of the vehicle \slake\ord.22 -11- and continuing, through the day that the department mails notice as provided in this Article; and 2 . A period beginning on the day after the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. • SECTION 18 SALE AND DISPOSITION OF ABANDONED VEHICLES If an abandoned vehicle has not be reclaimed as provided by Section 13 above, the police department may use the abandoned vehicle for police department purposes as long as the department considers it cost effective. In addition, the police department may sell the vehicle at public auction. Proper notice of the public auction shall be given and the disposition of the proceeds shall be handled in accordance with Section 5. 04 of the Texas Litter Abatement Act. ARTICLE III. MISCELLANEOUS SECTION 19 Nothing contained in this ordinance shall affect the right of the City to immediately remove as an obstruction to traffic a junked or abandoned vehicle left on public property. SECTION 20 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. \slake\ord.22 -12- SECTION 21 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 22 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 less than Fifty Dollars ($50. 00) and not more than more than Two Hundred Dollars ($200. 00) . Each day that a violation is permitted to exist shall constitute a separate offense. In addition to other remedies provided in this ordinance, the City may bring a suit in civil court for injunctive relief against any person, firm or corporation who violates or threatens to violate any provisions of this ordinance in order to prevent a continued violation or a threatened violation. SECTION 23 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any \slake\ord.22 -13- / /-/3 ordinances ,affecting abandoned or junked vehicles 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 24 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 25 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 FIRST READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY \slake\ord.22 -14- PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR • ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord.22 -15- /1 /5 F MEMORANDUM April 27 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-32 , Control of Stratospheric Ozone Depleting Compounds. Resolution 90-32 , endorsing State and Local Government Control of Stratospheric Ozone Depleting Compounds, is attached for your review. The Resolution was developed by the Air Quality Advisory Committee' s Air Toxics Subcommittee, after a great deal of research and discussion among local government, industry, environmental , and citizen group members. In the spirit of the Earth Day theme, "Think Globally, Act Locally" , the Executive Board of North Central Texas Council of Government' s endorsement of this resolution serves to reinforce the sentiments behind these activities and encourages members of local governments in their current efforts. t:"v://7 SLL/sl i T !, i RESOLUTION NO. 90-32 - A RESOLUTION _OF. THE CITY, COUNCIL ,OF THE CITY OF SOUTHLAKE , TEXAS, -ENDORSING LOCAL LOCAL GOVERNMENT y, • ACTIONS TO CONTROL, STRATOSPHERIC OZONE ,DEPLETING , . COMPOUNDS. ' WHEREAS; , NCTCOG''s Air ' Quality' ' Advisory- :,Committee •. _ provides ,technical support; --and policy, advice ., to the .'exec'utive: . ' Board on air quality issues in North Central Texas; and, •, = " , WHEREAS, NCTCOG' serves ` as.. a -;facilitator ,of local government., involvement in air quality ' and` ', other regional, - - environmental •issues, and, WHEREAS; -the world scientific community has ,established -"'- • ' • that chlorofluorocarbons' ' (CFCS)` , halons , and Other chlorinated , solvents are destroying the , Earth' s, stratospheric ozone layer; and. . . • WHEREAS, increases, in, ultraviolet light as a ,result'. of ; stratospheric: ozone depletion 'would dramatically..:'increase 'the , incidence " of :skin cancer and .cataract's , and could cause a global ' ' environmental catastrophe by disrupting. the' world • food chain, ' - - ; - , . reducing worldwide production of oxygen,' '',,'and dramatically " • reduc'ing world food ' production; - as well as triggering immune' , 'system,,disfunctions in' both humans and: animals; and-, J , } WHEREAS ;urban areas , both as major population centers , ' ' , , and; as centers of ind{zstry; ! have been identified as ,the, major emitters of CFCs and other ozone-depleting compounds;: and,, - ' WHEREAS, . local governments will be called upon to play • ,• , a role in the, administration of any successful ,state; 'national or international - efforts., to stop the emission • -of ,ozone-depleting ' substances; and,' . . • WHEREAS, , local 'governments , through- their powers to , - protect 'the . 'pub-lice health, and through ' their. technical. and. • • institutional resources can ',serve as.- centers of 'innovation and '• ` action ' in . ; eliminating - ,emissions' •of ., CFCs '•.and ' stratospheric . -� ozone-depl'eting compounds; , , : ,,, ' • %' . __ ' ,.WHEREAS, NCTCOG''s Air Quality Advisory Committee has ' • _ ' unanimously recommended •-that the - Executive Board . endorse ._ local-' • government actions to control stratospheric ozone-depleting ' , . compounds; . , , . = N -I OW, THEREFORE, BE 'IT BY THE CITY COUNCIL OF THE CITY ,OF', • 'SOUTHLAKE,, •TEXAS,, THAT:^; / , i , ' Section 1 .. That , local governments. in the North- Central' Texas . ' region supp'ort.'state' legislation. in the •1991' - . V session which will' accomplish' the results listed below: , • - . - ' ,. ,' : 1 Resolu,tion .90-32 , c ,ontinued ' ; .page. two . '(a) ban, e' fective no later than January . ]', 1995,"' t . the use of any stratospheric ozone-depleting • . . compound" in the manufacture, ' production, • . cleansing, degreasing •or 'sterilizing of `iany ! - substance or product, except in -cases where no - technically -feasible , economically' sound, •and1 ' ' ' environmentally safe substitute or alternative: i.s 'available; and; '. ' .(b;) ba'n, , effective no':later than January 1 ; 1995; • • the manufacture, storage, ' distribution'; . or , • - sale : o•f any plastic ._packaging or insulation ' • • material -that is produced using CFCs (or, other stratospheric ozone depleting:compou' ds,' , - ' , except in cases where no technically . • , • . r' ,. : feasible, economically sound). And � - . , - , environmentally safe substitute.• or t . ' alternative is available; ,and, ' , • . : .(c) require the recycling, 'recovery., or proper' • , , disposal of. stratospheric ozone-depleting' ; ' ' . , ' ` compounds in all . products ,which contain them,. , - including, but not limited to, insulation, , ' , , 2, , ' . fire extinguishers , air conditioners, ,and • . ,'refrigerators; and', - ' ' • (d) require all 'establishments' which, 'repair; ' , -- service, 'or maintain, refrigerator's or air conditioning' systems 'to recapture and, recycle, ' CFCs. Section 2 That local governments prepare and:establish, '. . polici\ed that will. accomplish the above results ° . without waiting for s•tate'"legislation- or in the ' . { .event that the'-state fails to develop such -' • ', legislation. Section"3 That NCTCOG will. work• with local governments and • industry , representatives to develoP 'a model ordinance 'detailing specific measures in handling:, , ' - , , recycling,. and. .disposal of CFCs and.other , • .. ' stratospheric ozone-depleting compounds . ' Section4 , ' ' That this resolution shall be, transmitted to the : Texas Air Control Board, the U.S.. Environmental - . Protection Agency; 'the Texas .Congressional - delegation, ;local governments, and other . ' . • interested persons •and agencies. - . t • Resolution 90-32 , continued page three , , > • • Section 5 That this resolution in effect immediately upon its adoption. .. `PASSED AND' \APPROVED this, the •day of , , CITY OF SOUTHLAKE, TEXAS - 1 t ' By•Gar Fickes, yMayor . r ATTEST: . s,, ,r } , r ' Sandra L. LeGrand City, Secretary ' , , r, ' 'APPROVED. AS' TO FORM: � \ i / 1' Z / City Attorney ; ' ; City of Southlake, Texas " ' , r 1 , , IN � 1S= y City of Southlake,Texas MEMORANDUM May 10 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Sign Ordinance No. 506 Attached please find a corrected copy of the proposed Sign Ordinance No. 506 as recommended by the Planning and Zoning Commission on May 3, 1990. Also included is Wayne Olson' s letter reviewing an earlier draft of this ordinance and the the Commissioners' response to his comments per their Minutes dated February 22 , 1990 and May 3 , 1990 . KPG /(a / ORDINANCE NO. 506 AN ORDINANCE PROVIDING FOR THE REGULATION OF SIGNS WITHIN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR DEFINITION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SIGN CLASSIFICATION; PROVIDING FOR PERMITS, FEES, AND INSPECTION; PROVIDING FOR ZONING DISTRICTS WHERE PERMITTED; PROVIDING FOR NONCONFORMING SIGNS; PROVIDING FOR VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES: PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR PUBLICATION IN PAMPHLET FORM: PROVIDING FOR PUBLICATION IN THE OFFICIAL PAPER: PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 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 of Southlake has heretofore adopted Ordinance No. 350, as amended by Ordinance Nos. 398 and 485 , which regulate the erection, location, use, maintenance and construction of signs within the City; and WHEREAS, the City Council now deems it necessary to adopt this ordinance which provides new sign regulations applicable within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Sign Ordinance #506 Table of Contents 2 SECTION I INTRODUCTION 2 A. Purpose of Sign Ordinance 3 B. Definitions 9 SECTION II GENERAL REGULATIONS 9 A. Application of Subsection B through F 10 B. Imitation of Traffic & Emergency Signs Prohibited 10 C. Roof Sign Prohibited 10 D. Signs in Right-of-Way Prohibited 10 E. Signs on Public Property 10 F. Portable, Off-Premise, and Directional Signs 11 G. Special Purpose Signs 13A H. Movement Control Signs 14 I. Protective Signs 14 J. Sale or Lease Signs 15 K. Vehicular Signs 15 L. Government Signs 16 M. Creation of Site 16 SECTION III SIGNS IN BUSINESS ZONING DISTRICTS 16 A. Provisions for Business Zoning Districts 16 B. General Provisions 17 C. Freestanding Signs 20 D. Attached Signs 23 E. Monument Signs 24 SECTION IV SIGNS IN NONBUSINESS ZONING DISTRICTS 24 A. Provisions for Nonbusiness Zoning Districts 25 B. General Provisions 25 C. Sign Type 26 D. Attached Signs 26 SECTION V ADMINISTRATION AND ENFORCEMENT 26 A. Powers and Duties of the Building Official 27 B. Permits, Applications, and Fees 33 C. Designs 35 D. Abandoned, Unmaintained, or Damaged Signs 36 E. Variance Procedure/City Council 37 F. Public Hearing Provided 38 G. Signs on Utility Poles 38 H. Sign Recovery Fee 38 I. Sight Distances at Intersections 39 J. Existing Signs - Nonconforming 40 K. Site Plan Requirements 40 SECTION VI CONDITIONAL SIGN PERMIT 41 SECTION VII REPEALING ORDINANCES 350 , 398 , AND 485 41 SECTION VIII SEVERABILITY CLAUSE 42 SECTION IX PENALTY 42 SECTION XI AND XII ORDINANCE PUBLICATIONS 43 SECTION XIII EFFECTIVE DATE SECTION I. PURPOSE OF SIGN ORDINANCE AND DEFINITIONS A. PURPOSE Signs use private land and the sight lines created by the public rights-of-way to inform and persuade the general public by publishing a message. This Ordinance provides standards for the erection and maintenance of private signs. All private signs not exempted as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience, and enjoyment of the public, and, in part, to achieve the following: (a) Safety., To promote the safety of persons and property by providing that signs: (1) Do not create a hazard due to collapse, fire, collision, decay, or abandonment; (2) Do not obstruct fire fighting or police surveillance; and (3) Do not create traffic hazards by confusing or distracting motorists , or by impairing the driver' s ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs. (b) Communications efficiency. To promote the efficient transfer of information in sign messages by providing that: (1) Businesses and services may identify themselves; (2) Customers and other persons may locate a business or service; (3) No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes; and (4) Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer' s purpose. (c) Landscape quality and preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs: (1) Do not interfere with scenic views; (2) Do not create a nuisance to persons using the public rights-of-way; (3) Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement; (4) Are not detrimental to land or property values; and (5) Contribute to the special character of particular areas or districts within the city, helping the observer to understand the City and orient oneself within it. B. DEFINITIONS. For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section: Activity means any person, business , organization or other entity. Awning means a roof-like structure which is not an integral structural part of and is accessory to the building which it serves. Building means a structure which has a roof supported by walls for the shelter, support, or enclosure of persons, animals or chattel. Canopy means a projecting roof-like covering which is a permanent and integral part of the building' s structure. 3 Character means any letter of the alphabet or any numeral. City means the City of Southlake, Texas. Commission means the City Planing and Zoning Commission of the City of Southlake. Effective Area, for detached signs, means the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. If elements of the sign are movable or flexible, as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. The effective area for attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each work attached to any particular facade. This definition shall also apply to signs which are composed solely of words which identify a premise and which are attached to freestanding walls. Expressway means any public right-of-way designated as an expressway or freeway by the ordinances or resolution of the City of Southlake as amended. Facade means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be considered as part of a single facade. Height, as applied to a sign, shall be measured as the vertical distance between the highest part of the sign or its `t supporting structure, whichever is higher, and a level plane going through the nearest point of the vehicular traffic surface of the adjacent improved public right-of-way, other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used. Intersection means the junctions of the centerlines of any two public right-of-ways, other than alleyways, crossing at grade, or, where the crossing is separated at grade, the intersection shall be the point at which expressway travel pavements converge or diverge, or the point at which any expressway interchange ramp intersects the expressway travel pavement. Luminance means the brightness of a sign or a portion thereof expressed in terms of footlamberts. For the purposes of this Ordinance, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards and equipped with a footlambert scale. Major Thoroughfare means any public right-of-way designated as a major thoroughfare by the City of Southlake by ordinance or resolution. Occupancy is the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Public Entrance means an entrance to an activity normally used by the public consisting of any number of doors or other openings in a single facade of a building. Setback means the required distance between any point on private land and the nearest point at the edge of the nearest public 5 right-of-way, other than an alley. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way. Sign means any device, flag, light, figure, picture, letter, word, message, symbol, plaque, or poster whether composed of one or more structures which is visible from outside the site on which it is located and designed to inform or attract the attention of persons not on the premise, excluding those lights and landscape features which display no words or symbols, works of art which display no words or additional symbols, and temporary holiday decorations. Sign, Attached means any sign attached to, applied on, or supported by any part of a building (including canopy facia, walls and awnings) which encloses or covers usable space. Sign Band means an architectural element expressly designed to accommodate attached signs on a building. Sign, Directional means an off-premise sign the content of which is° limited exclusively to the identification of a specific site, activity, or occupancy located elsewhere, and which tells the location of or route to that site, activity, or occupancy. Sign, Freestanding means any sign connected to the ground by legs, poles or other supports and which is not an attached, portable, movement or vehicle sign. Sign, Illuminated means any sign which is directly lighted by an electrical light source, internal or external. This definition shall not include signs which are illuminated by street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself. (O Signs, /N$$ n,t means any sign which is connected to the ground and which has no clear space between the bottom of the sign and the surface of the ground as in a freestanding sign which is connected to the ground by legs , poles or other supports and has clear space between the bottom of the sign and the ground. Sign, Movement Control means a sign which directs vehicular or pedestrian movement within or onto the premise on which the movement control sign is located. Sign, Off-Premise means any sign which is not an on-premise sign, and further means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. Sign, On-Premise means any sign the content of which relates to the site on which it is located, referring exclusively to the name, location, products, persons, accommodations, services, or activities of or on those sites, or the sale, lease, or construction of those sites. Sign, Political means any type of non-premise sign which refers only to the issues or candidates involved in a political election. Sign, Portable means a sign which is easily moved from one location to another, including signs which are not fixed permanently to the ground, and which is not an attached sign, political sign, vehicular sign, or a sign which refers solely to the sale or lease of the premises. Sign, Protective means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including but not limited to "Bad Dog" , "No Trespassing" , and "No Solicitors" . 7 Sign, Special Purpose means a sign temporarily supplementing the permanent signs on a premise. Sign Support means any pole, post, strut, cable, or other structural fixture or framework necessary to hold or secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol, or word using characters in excess of one inch in height, nor is internally or decoratively illuminated. Sign, Vehicular means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection. Site means a building which houses a single activity and the contiguous grounds and parking areas which exclusively service that building or any number of activities housed by a single building or multiple buildings which share common egress or ingress from a public street or right-of-way or a single complex with one or more different land uses developed as a unified project, as established under Section II (M) of this Ordinance. Wind Device means any flag, banner, pennant, streamer, or similar device that moves freely in the wind. All wind devices are considered to be signs, and are regulated and classified as attached or detached, by the same rules as other signs. Word for the purpose of this chapter, one word shall be deemed to be any of the following: (a) Any word in any language found in any standard unabridged dictionary or dictionary of slang. (b) Any proper noun or any initial. (c) Any separate symbol or abbreviation, such as "&" , "$" , "%" , and "Inc. " (d) Any telephone number, street number, or, commonly used, combination of numerals and/or symbols as "$5. 00" or "50% . " (e) Any symbol or logo which is a registered trademark, but which itself contains no word or character. (f) Otherwise, each separate character is considered to be a word. Zoning District, Business means any zoning district designated by the Comprehensive Zoning Ordinance of the City of Southlake, Texas, as amended, as CS, 01 , 02 , C-1 , C-2 , C-3 , C-4 , B-1, B-2, HC, I1, and I2. Any PUD district is also included in this list where the district' s base zoning is one of the above. Zoning District, Nonbusiness means any zoning district not designated as a business district in accordance with the above definition. Any PUD district may be specifically designated a business district for the purpose of this chapter. Any multifamily use occurring within any of the above districts shall be subject to the provisions of Section IV. SECTION II. GENERAL REGULATIONS A. Application of Subsections B through F. (a) The provisions of Subsections B through F of this Section II shall apply to all signs in the city without regard to zoning. (b) All signs erected or maintained pursuant to the provisions of this Section shall be erected and maintained in compliance with all applicable state laws and with the building code, electrical code, and other applicable ordinances of the City. In the event of conflict between 9 this chapter and other laws, the most restrictive standard applies. B. Imitation of traffic and emergency signs prohibited. No person shall cause to be erected or maintained any sign using any combination of forms, words, colors, or lights which imitate standard public traffic regulatory, emergency signs, or signals. C. Roof signs prohibited. No sign shall be located on or project over the roof of a building. D. Signs in rights-of-way prohibited. No sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way. This section shall not be construed so as to prohibit vehicular signs as long as such comply with other provisions of this chapter; nor to prohibit the carrying or display of signs by a person or persons as long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances. E. Signs on public property. No person shall attach any sign, paper or other material or paint, stencil or write any name, number or otherwise mark on any sidewalk, curb, gutter, street, tree, utility pole, public building, public fence, or public structure. This section shall not prohibit the posting of governmental signs or the painting or attachment of street address numbers to curbs. F. Portable signs and off-Premise Signs , other than directional signs are allowed under the special conditions as "set forth below. (a) Portable signs, as that term is defined in Section I (B) are allowed under special conditions set forth below upon the issuance of a special permit being granted by a majority vote of the City Council a portable sign may be displayed on premises for a maximum of one 7-day period no more often than every ninety (90) days, provided that such display is for nonprofit organizational use. (b) Signs, other than political signs, which advertise for products, goods, services or other items not offered on the same premises upon which the sign is located are prohibited. G. Special purpose signs. (a) Special purpose political signs may be erected on any private property or public right-of-way without limit as to number; provided, that such signs comply with other applicable requirements of this Ordinance and provided further that the owner or occupant of the property on which such signs are displayed: (1) Shall not erect or cause to be erected special purpose political signs until 45 days prior to any primary or general election; (2) Shall remove the signs within 72 hours after the general or runoff election to which a sign pertains or after the termination of a candidacy, whichever occurs first. (b) Flags, emblems and insignia of a governmental entity; emblems and insignia of any state or local governmental body; legal public demonstrations which do not contain advertising and are not used as such are allowed. (c) Special purpose, temporary construction signs denoting the architect, engineer, contractor, sub-contractor, or financier, and temporary signs denoting the future location / 1 of a particular business , retail center, or institution are subject to one (1) such construction sign and one (1) such future location sign per street adjacent to the construction site or future location site. No such sign shall exceed thirty-two (32) square feet in area nor extend higher than fourteen (14) feet as measured from ground level, provided that such signs are located on the premises where construction or location being advertised is or will be occurring. Said signs shall be removed upon issuance of an occupancy permit. (d) Special purpose freestanding home builder and development signs for the purpose of identifying the location of or direction to subdivision or major home builder sites are allowed. Such signs shall be on-premise or off-premise and shall not exceed thirty-two (32) square feet in area nor extend higher than twelve (12) feet in height. There shall be a limit of four (4) such signs per development and all such signs must be removed upon 90% completion of home sales or three (3) years which ever comes first. A home builder with fifteen (15) lots or more qualifies as a major home builder. One (1) such sign may be allowed for subdivision, major home builders , sites or developments of thirty (30) acres, or less. One (1) additional sign shall be allowed for each additional thirty (30) acres. Permits for such signs may be granted for a maximum period of _ six-months, with such signs being removed upon 90% completion of the project. No such sign shall be located / 9 closer than fifty (50) feet to a residential dwelling not within the subdivision. (e) Weekend signs may be displayed from Friday noon to Monday noon and such signs shall not exceed three (3) square feet in area. No such signs shall be placed within 40 feet of an intersection. (f) Banners, flags, balloons, or pennants promoting the opening of a single-family subdivision, shall have a maximum single use period of thirty (30) days, with a minimum period between permits of sixty (60) days and a maximum number of three permits per 12 month period for any given subdivision or complex. (g) Banners, flags, balloons, or pennants promoting a merchandise program or opening of a retail or commercial establishment or center shall have a maximum single use period of thirty (30) days with a minimum period between permits of sixty (60) days. and maximum number of three (3) permits per year for a given establishment or center. Balloons shall not be tethered more than 150 feet from the ground. (h) Signs may be painted on the external or internal surface of the window of an establishment in commercial or retail districts with water durable paint on external surfaces advertising services, products or sales available within said establishment or which announce the opening of said establishment. In no event, may signs be located on the window surface internally or externally in any manner to obscure more than fifty percent (50%) of the visible window area available in the absence of any signs. Where multiple windows exist fronting on a single street or sidewalk, the /3 fifty percent (50%) visibility shall be maintained for the total window area on said street or sidewalk. H. Movement control signs. Movement control signs may be erected at any activity or on any site, other than a single-family premise, may be attached or freestanding, and may be erected without limit as to number, provided that such signs shall comply with other applicable requirements of this ordinance, and: (a) Freestanding movement control signs shall not exceed eight (8) square feet in effective area and shall not exceed three (3) feet in height. (b) If a movement control sign is an attached sign, the letters shall not exceed six (6) inches in height and symbols shall not exceed ten (10) inches in height, and the effective area shall not exceed eight (8) feet. (c) Each sign must convey a message which directs vehicular or pedestrian movement within or onto the site on which the sign is located. (d) The signs must contain no advertising or identification message. I. Protective signs. (a) The occupant of a premise may erect protective signs, in accordance with the following provisions: (1) Each sign shall not exceed two (2) square feet in effective area; (2) Freestanding signs shall not exceed two (2) feet in height; (3) Letters shall not exceed four (4) inches in height. J. Sale or lease signs. Any business or nonbusiness site may erect on-premise attached or freestanding signs for the purpose of advertising the sale or /i' lease of the real property on which such sign is located, subject to the following provisions: (a) Signs advertising the sale or lease of nonbusiness property shall not exceed eight (8) square feet in area nor five (5) feet in height. (b) Signs advertising the sale or lease of a business property shall not exceed thirty-two (32) square feet in area nor eight (8) feet in height. K. Vehicular Signs. (a) Vehicular signs shall conform to all the regulations for freestanding signs if: (1) The vehicular sign is so placed as to constitute a "sign" as defined in Section I; and (2) The vehicle upon which the sign is located is parked on other than a temporary basis. (b) The owner of the vehicle upon which a vehicular sign is placed and/or the property owner or lessee may be jointly responsible for ensuring that the provisions of this section are adhered to and commits an offense if any vehicular sign on the vehicle violates this section. If such vehicle is found unattended or unoccupied, the registered owner of the vehicle and/or property owner or lessee shall be presumed to be the actual owner. The records of the State Highway Department or the County Highway License Department showing the name of the registered owner of such vehicle shall constitute prima facie evidence of actual ownership by the named individual. L. Government, Signs. Nothing in this ordinance shall be construed to prevent or affect the display of a national or state flag, or to limit flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of governmental agencies. M. Creation of Site. The Building Official shall not issue a permit for construction, erection, placement or maintenance of a sign until a site is established for the sign. SECTION III. SIGNS IN BUSINESS ZONING DISTRICTS A. Provisions for business zoning districts. (a) The provisions of Subsection B through D apply to all signs in business zoning districts unless the sign is within 25 feet of either a nonbusiness zoning district boundary or a public park of more than one acre. (b) Signs within 25 feet of either a nonbusiness zoning district boundary or a public park of more than one acre shall be governed by the provisions of Subsections B through D of Section IV of this Ordinance. B. General provisions applicable to signs in business zoning districts. (a) No illuminated sign shall have a luminance greater than 200 footlamberts, nor shall any such sign have a luminance greater than 200 footlamberts for any portion of the sign within a circle of two (2) feet in diameter. The restrictions of luminance in this section shall be determined from any other premise or from any public right-of-way other than an alley. (b) No sign shall flash, change its brightness, rotate, move or create an illusion of movement except that: (1) Time and temperature or informational signs which are oriented to be read from public ways may be allowed provided that no change of message occurs more often than once each 3 seconds or less often than once each 5 seconds, and provided that any such sign may only be erected after approval of the location of such sign by the City Council. Any time and temperature or informational sign approved by the City Council shall not devote more than 30% of its time per hour to commercial advertising messages. (2) Reader boards which are integrally designed into the structure of the sign, and which do not exceed the maximum permitted effective area are allowed. C. Freestanding signs. Freestanding signs are permitted in business zoning districts as follows: (a) Number of freestanding signs per site (1) Freestanding signs may only be on-premise signs (2) Only one freestanding sign of any type may be erected on any site, except that: (i) A site which has frontage on more than one street or roadway may have one sign per such frontage, but no more than one sign may be adjacent to or face each such frontage. (ii) In no case shall a site possess more than two freestanding signs, except as provided for in Subsections H, I, K, or L of Section II of this Ordinance. (iii) Fast food and drive-through restaurants may have additional signs if they pertain to menu / 7 • information or directional/ information not exceeding eight (8) feet in height nor 35 square feet in effective area, if located no further than 15 feet from the building housing that activity. (iv) Signs not exceeding sixteen (16) square feet in effective area and six (6) feet in height are allowed for an activity providing engine fuel sales which advertise prices of fuel on premises and signs indicating full- or self-service or fuel type not exceeding six (6) square feet in effective area are allowed. No activity shall have more than one (1) such fuel price sign per street front. In no case shall any such sign, including full- and self-service signs, be freestanding except that where an awning support exists , such sign may be attached to the awning support. (b) Setback (1) Freestanding signs of an effective area of 50 square feet or less may be located as near as ten (10.) feet to the public right-of-way or at the building line if this requires a lesser setback, provided that said sign does not exceed 20 feet in height and does not occupy the space between two (2) feet and twelve (12) feet above grade within 15 feet of the public right-of-way except for supports, which may not exceed a total cross-sectional area of two (2) square feet. (2) A freestanding sig-n of an effective area of 100 square feet or less may be located as near as 15 feet to the right-of-way, provided that said sign does not exceed 20 feet in height and does not occupy the space between two (2) and twelve (12) feet above grade within 15 feet of the public right-of-way except for supports, which may not exceed a total cross-sectional area of two (2) square feet. (3) No part of a freestanding sign shall be closer than 100 feet, measured radially, to another freestanding sign or monument sign. (c) Size and height (1) No freestanding sign shall exceed 100 square feet in effective area or 20 feet in height except as, herein provided. (2) Freestanding signs may incorporate embellishments or cut-outs provided that they shall not exceed 20% of the area of the sign face and that they shall not extend beyond the sign face a distance exceeding 12 inches as measured horizontally. (3) Freestanding signs shall be located in such a manner as to allow or to be likely to allow the passage of vehicular traffic beneath and shall have a minimum distance of 14 feet as measured from the bottom of the sign to the ground immediately below. (d) Off-premise signs Off-premise signs, as defined in Section I (B) of this ordinance, are prohibited with the exception of allowable uses in Section II G (d) . 19 (e) No lighted sign shall -be closer than 100 feet from a dwelling. D. Attached signs. Attached signs are permitted in business districts in accordance with the following provisions: (a) Number of attached signs (1) One attached sign may be allowed for each activity contained in a building only when that activity individually possesses a public entrance on the exterior of the building which fronts and is - immediately accessible to and from a public street or a street, walkway or driveway used by the public. (2) Where a building houses a single activity, a total of two (2) attached signs shall be allowed when such building fronts on two or more streets, provided that no more than one attached sign .shall be allowed on any facade of the building. (3) Where a building houses more than one activity, one attached sign shall be permitted per public entrance, provided that no more than one attached sign shall be used per portion of the building facade occupied by the activity. (4) Non-illuminated street address numbers may be used in addition to other attached signs. Where used, such signs shall be placed immediately above or adjacent to a public entrance, shall be attached, to a wall surface, and shall not exceed ten (10) square feet in effective area of single tenant buildings nor six (6) square feet for multiple tenant buildings. c 0 Additionally, words consisting of characters less than four (4) inches in height may be used without limit. See Section II for other exceptions. (b) Type and size (1) Architectural elements to which signage may be attached shall be limited to building wall surfaces, canopy facia or sign bands. Each activity shall attach signage to no more than one type of architectural element (e.g. , if signage is attached to canopy facia, additional signage shall not be attached to building wall surfaces) . (2) Where the width of the architectural element to which the sign is attached is greater than four (4) feet as measured from top to bottom, sign size shall not exceed 100 square feet. (3) Where the width of the architectural element is less than four (4) feet as measured from top to bottom, the following shall apply: (i) Word size shall not exceed 24 inches in height; (ii) Where a building houses a single activity, the length of the sign shall not exceed seventy-five percent (75%) of the length of the architectural element to which it is attached, provided, however that in no event shall the maximum square footage of said sign exceed one hundred (100) square feet in area. (iii) Where a building houses multiple activities, the length of all signs shall not exceed seventy-five percent (75%) of the length of the facade occupied by the activities, provided however, that in no event shall the maximum effective area of each sign exceed more than one hundred (100) square feet. (c) Location and height. (1) Where an activity is located in a one-story building or multi-story building, an attached sign shall be placed no higher than the roof line of the architectural element to which it is affixed. (2) Where a sign is attached to canopy facia, such sign shall not protrude above or below the canopy facia. (3) No attached sign shall project a distance greater than eighteen (18) inches from the architectural element to which it is affixed. (4) Where an attached sign is placed in such a manner as to project a distance greater than two (2) inches into a private driveway or other private area likely to be used by vehicular traffic or where such sign is placed in such manner as to allow the passage of vehicular traffic beneath it, such sign shall have a minimum distance of fourteen (14) feet as measured from the bottom of the sign to the ground immediately below. (5) Where an attached sign is placed in such a manner as to project a distance greater than two (2) inches into a pedestrian walkway or other area likely to be used by pedestrian traffic of where such sign is placed in such a manner as to allow the passage of pedestrian traffic beneath it, such sign shall have a minimum distance of eight (8) feet as measured from the bottom of the sign to the ground immediately below. (6) Signs consisting of cut-out, painted, embroidered, embossed, decaled or appliqued logos, symbols and letters may be displayed on awning surfaces provided that such signs shall be contained entirely within a single awning and shall be parallel as viewed horizontally with the surface to which it is attached. (i) Awning signs may be used in conjunction with other attached signs provided that not more than one (1) sign is used per awning and that such sign shall not exceed six (6) square feet in effective area. (ii) Where awning signs are used in lieu of other attached signs, a maximum of three (3) signs may be used provided that: Only one (1) sign shall be visible from a 90 degree angle in relation to the surface on which the sign is attached and, the effective area of all signs does not exceed twenty (20) square feet. E. Monument Signs. Monument signs are permitted in business zoning districts as follows: (a) Number of Monument signs per site (1) Monument signs may only be on-premise signs. (2) Only one monument sign of any type may be erected on any site, except that: (i) A site which has frontage on more than one street or roadway may have one sign per such 3 frontage, but no more than one sign may be adjacent to or face each such frontage. (ii) In no case shall a site possess more than two (2) monument signs, except as provided for in Subsections H, I, K, or L of Section II of this ordinance. (iii) Fast food and drive-through restaurants may have additional monument signs not exceeding eight (8) feet in height nor thirty-five (35) square feet in effective area, if located no further than fifteen (15) feet from the building housing that activity. (b) Setback and surface area. (1) Monument signs shall be no larger than fifty (50) square feet in surface area of a side and shall be located no closer than ten (10) feet to the public right-of-way or at the building line if this requires a lesser setback. (2) No part of a monument sign shall be closer than 100 feet, measured radially, to another monument or freestanding sign. SECTION IV. SIGNS IN NONBUSINESS ZONING DISTRICTS A. Provisions for nonbusiness zoning districts. The provisions of subsections B through D of this Section apply to all signs in any nonbusiness district, within 25 feet of a nonbusiness district boundary or within 25 feet of a public park of more than one acre. B. General provisions applicable to signs in nonbusiness zoning districts. (a) No portion of an illuminated sign shall have a luminance greater than 200 footlamberts. (b) No sign nor part of any sign in a nonbusiness zoning district shall move, flash, rotate or change its illumination more than once an hour. (c) An occupant in nonbusiness zoning district may erect only special purpose signs and special purpose political signs, and on premise signs, which include movement control signs and protective signs. Temporary holiday decorations are permitted. C. Sign type. (a) Signs shall be limited to monument type signs and shall not exceed 35 square feet in area. (b) An area immediately surrounding or contiguous with the sign shall be landscaped proportionately with the effective area of the sign (e.g. , if the sign area is 35 square feet; then the landscaping of the area surrounding the sign shall not be less than 35 square feet) , except that such signs with an area of eight square feet or less shall be exempted from this requirement. (c) A single-family residential premise may display one freestanding sign which must refer to the sale or lease of the premises, and may also display freestanding political signs. D. Attached signs. (a) Signs attached to screening or decorative walls for the purpose of announcing a residential subdivision, and whose primary objective is decoration, shall be allowed. However, they shall not exceed eight (8) feet in height above grade nor sixteen (16) square feet in effective area. SECTION V. ADMINISTRATION AND ENFORCEMENT A. Powers and duties of the Building Official. (a) General. The Building Official is hereby authorized and directed to enforce all the provisions of this Ordinance. (b) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises a sign which violates this ordinance or exists in a condition which makes such building or premises unsafe, dangerous, or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided to that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this ordinance. (c) Stop orders. Whenever any work is being done contrary to the provisions of this ordinance, the Building Official may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. B. Permits, applications, and fees. (a) Permits. No person, firm or corporation shall erect, construct, alter, rebuild, enlarge, extend, convert, maintain, replace, relocate, remove or demolish a sign or 7 alter or change words or rearrange neon tubing on a sign or cause the same to be done without first obtaining a separate sign permit for each sign. (b) It is a defense to prosecution under this subsection that the act or sign is included in one of the enumerated categories listed below: (1) The changing of words on a sign that is designed with interchangeable words or the changing of messages on billboards. (2) Normal maintenance to replace worn parts and repainting deteriorated paint without word change. (3) Memorial signs or tablets, names of building and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (4) Government signs; such as flags, insignia, legal notices or informational, directional, or traffic signs which are legally required or necessary to the essential functions of government agencies. (5) Special purpose political signs subject to the provisions of Section II. (6) Non-illuminated temporary construction signs not exceeding thirty two (32) square feet in effective area; nor eight (8) feet in height and otherwise subject to the provisions of Section II. (7) Signs painted directly on internal or external window surfaces subject to the provisions of Section II. (8) Non-illuminated movement control signs not exceeding eight (8) square feet in effective area; nor three (3) feet in height subject to the provisions of Section II. (9) Non-illuminated freestanding protective signs not exceeding two (2) square feet in effective area; nor two (2) feet in height subject to the provisions of Section II. (10) Non-illuminated on-premise signs advertising the sale or lease of a nonbusiness property not exceeding eight (8) square feet in effective area nor four (4) feet in height subject to the provisions of Section II. (11) Non-illuminated, on-premise, freestanding signs advertising the sale or lease of a business property subject to the provisions of Section II. (12) Vehicular signs subject to the provisions of Section II. (c) Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for the above exempted items. (d) Application. To obtain a permit, the applicant shall file an application in writing on a form furnished for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by lot, zoning, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed work. (3) Be accompanied by a written authorization from the owner of the property or their agent. (4) Be accompanied by plans and specifications as required in this ordinance and all applicable laws and ordinances. (5) State the valuation of the proposed work. (6) Be signed by the applicant, or an authorized agent who may be required to submit evidence to indicate such authority. (7) Give such other information as reasonably maybe required. (e) Plans and specifications. With each application for a permit, not less than two (2) sets of plans and specifications shall be submitted and all drawings, specifications, and accompanying data shall bear the name and address of the designer. The structural design of freestanding signs in excess of eight (8) feet in height shall be prepared and designed by an engineer licensed by the State of Texas. (f) Fees. The fee for such permit shall be based on the area of said sign in the following manner: Effective Area Up to 50 sq. ft. $ 50. 00 51 sq. ft. to 100 sq. •ft. $100. 00 Greater than 100 sq. ft. $150 . 00 In case any work is started or proceeded with prior to obtaining a permit, the fee above specified shall be doubled to obtain a permit. The payment of such doubled fee shall not relieve any person from fully complying with the requirements of all laws and ordinances. .:? D (g) Expiration. Every permit issued under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of more than 120 days at any time after the work is commenced. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. (h) Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any law or ordinance. (i) Refunds. There shall be no refunds of sign permit fees paid under the terms of this code, except for the following: (1) When it is determined that a sign permit was issued due to an error by the Building Official, a full refund may be authorized. (2) When it is determined that a sign permit cannot be legally issued, any permit fee received may be returned. (j) Inspections. All signs for which a permit is required shall be subject to inspection by the Building Official. / (1) Pre-inspection. The Building Official, upon receipt of application for permit for a sign, may make a pre-inspection. The application, plans and specifications, and other data, filed by an applicant for permit, shall be reviewed by the Building Official. Such plans may be reviewed by the other departments to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this ordinance and other pertinent laws and ordinances, and that the fees specified in Section V (f) have been paid, he shall issue a permit therefor to the applicant. (2) Final inspection. The Building Official, upon the call of the permit holder, shall make a final inspection after the work is completed. All requests for final inspection shall be made at least twenty-four hours before the inspection is desired. (3) It shall be the responsibility of the contractor to insure that each necessary inspection is requested from the Building Official and to insure that subsequent stages of construction are not started until said inspection has been conducted and approved. This also includes all subcontractor types of inspections such as electrical, mechanical, plumbing, etc. If it is found, upon inspection by the city, that a contractor has completed a sign without having obtained the necessary inspections and approvals , future permits shall be denied to that contractor pending completion and approval of said inspections. C. Designs (a) Construction. All signs and their supports shall be built, constructed, and erected in conformance with the requirements of all laws and ordinances. (b) Structural. Signs shall comply with the design standards of the Uniform Building Code as adopted by the City of Southlake. (c) Electrical. Signs in which electrical wiring and connections are used shall comply with the requirements of the electrical code of the City of Southlake. In addition, all illuminated signs shall bear the Underwriter' s Laboratory label or be built to comply with the Underwriter' s requirements. (d) Plumbing and Mechanical. Signs in which plumbing or mechanical devices are used shall comply with the requirements of the plumbing and mechanical codes of the City of Southlake. (e) Materials. (1) The type of materials used in the construction, wiring, plumbing or mechanical portion of the sign shall conform to the structural codes of the City of Southlake building, mechanical, and plumbing codes. (2) The color, construction, and materials of each sign shall be architecturally compatible with the building to which it applies on the site and with any other signs located on the site. The City Council shall act as the Architectural Control Committee to approve signs under this section, unless the City Council elects to establish an Architectural Control Committee for signs by separate ordinance or by amendment of this ordinance. (f) Protection. Electrical devices within reach of persons and public property shall be protected by wire glass, safety glass, locked box of metal or wood, or other approved methods. No sign shall be erected nearer than twenty (20) feet from any telephone cable, electrical street light standard, electrical power poles or electrical power distribution lines when voltage between conductors is less than 300 volts. If the voltage between conductors is 300 volts or greater, clearances shall be maintained as follows: SPANS LESS THAN 150 ' Horizontal Vertical Voltage of Clearance Clearance Conductors (in feet) (in feet) 300 to 8 ,700 3 8 8 ,700 to 15,000 8 8 15,000 to 50 ,000 10 10 50 ,000 + 10 plus 9.5 inch 10 per 0.5 inch per kv in excess per kv in excess NOTE: For spans greater than 150 feet, refer to the National Electrical Safety Code. (g) Clearance from fire escapes , exits or standpipes. No signs or its supports shall be erected in such a manner which will interfere in any way with the use of any fire escape, exit or standpipe. No sign or its support shall be attached to a standpipe or fire escape. 21 (h) Obstruction of openings in buildings. No sign or its supports shall obstruct any required openings to such an extent that lighter ventilation is reduced below that required. (i) Sign maintenance. The owner of any premises upon which sign is erected shall maintain the sign and its supports. If any sign becomes dangerous to life, limb, or property, or an obstruction to the use of any sidewalk, or roadway, or interferes with the operation of the Fire Department, it shall be the responsibility of the owner of the premises or his agents to remove or repair the same. (j ) Weather-proofing. all signs shall be constructed so as to prevent the accumulation of water. (k) In the event of a conflict between the applicable ordinances of the City of Southlake, then the most restrictive code requirements shall apply. (1) All freestanding and monument signs shall be constructed of materials that are non-combustible or slow-burning (as in the case of plastic insert or facings) and shall be supported by non-combustible material only and finished in a presentable manner. Untreated wood or unpainted or non-galvanized steel supports are specifically prohibited. D. Abandoned, or unmaintained signs and damaged signs. (a) Abandoned on-premise signs and sign supports shall be removed within 60 days of notice by the City of Southlake to the owner of the property upon which the sign is attached or located. (b) Any sign or portion of a sign or sign support determined by the City of Southlake to be unsafe or insecure, a menace to q. 1 the public, or in such dilapidated condition as to be unsightly and therefore prejudicial to public welfare shall be repaired, maintained, or removed within ten (10) days of receipt of notice from the City of Southlake. (c) Any sign existing on the effective date of this ordinance and permitted to remain in place as a nonconforming sign, shall be removed if the sign or a substantial part thereof is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other matters on the sign. For the purpose of this provision, a sign or substantial part thereof is considered to have been destroyed only if the cost of repairing the sign is more than sixty percent (60%) of the cost of erecting a new sign of the same type at the same location. E. Variance procedure/City Council. (a) The City Council may, in specific cases and subject to appropriate conditions, authorize only the following special variances and exceptions to the regulations established in this ordinance when the Council has made a special finding from the evidence presented that strict compliance with the requirement of this ordinance will result in a hardship or inequity to the applicant in accomplishing the objectives of this ordinance: (1) Permit a variance for detached signs of up to 100% of the setback, effective area, and height requirements of this ordinance; (2) Authorize one additional detached sign on a site in excess of the number permitted by this ordinance; (3) Permit the following special variances and exceptions for movement control signs when, from the evidence presented, the Council finds them to be necessary to give directions to a business: (i) Authorize an identification message to be placed on the sign. (ii) Authorize an additional effective area of up to 200% of maximum allowable. (iii) Authorize an additional height of up to 200% of maximum allowable. (b) The City Council may require a nonconforming sign to be brought into immediate conformity with all current standards of all ordinances of the City of Southlake or to be removed when, from the evidence presented, the Council finds the sign to be hazardous to the public or to have been abandoned by its owners, provided that such decision is permissible under Chapter 216 of the Texas Local Government Code without monetary compensation from the City . to the Sign Owner being required. (c) Where a permit was required for the erection of a sign according to the law in effect at the time the sign was erected and where the Building Official finds no ,record of a permit being issued, the City Council may authorize the issuance of a replacement permit when, from the evidence presented, the Council finds either that a permit was issued or that arrangements were made with a sign company to obtain said permit. F. Public hearings provided. 37 (a) The City Planning and Zoning Commission shall hold a public hearing on any amendment, supplement, or change of this ordinance prior to making its recommendation and report to the City Council. At least 15 days notice of the time and place of such hearing shall be published in the official newspaper of the City of Southlake. G. Signs on Utility Poles. No sign of any . nature shall be attached in any manner to a utility pole located upon any public right-of-way or utility easement and any sign so placed shall be subject to removal by City Personnel and to the fees established in this Ordinance to recover such signs from the City and to any fines established by this Ordinance. H. Sign Recovery Fee. Any sign erected, constructed or otherwise located by the owner thereof within or upon a public right-of-way shall be removed by City Personnel and the owner of such sign shall be charged a fee of $15 .00 to recover such sign from the City. No such fee shall be charged if the owner satisfactorily established that such sign was not placed in right-of-way by the owner of such sign or by any authorized agent, representative or employee of said owner. I. Sight Distances at Intersections-Sign Prohibition. Definitions-Intersection Visibility Triangle, shall mean a triangle sight area at all street intersections; Property Line, shall mean the right-of-way line; and, Uncontrolled Intersection, shall mean an intersection of two streets (or more) at which there are no official traffic control devices designating approaching traffic to stop or yield. 38 (a) For uncontrolled intersections, the intersection visibility triangle shall have the dimensions illustrated in Table 1 , set forth on Exhibit "A" attached to this Ordinance. (b) For intersections where the approaching streets are of different sizes ,:or where traffic traveling on one or more approaching streets is designated to stop or yield by an official traffic control devise, the intersection visibility triangle shall have the dimensions illustrated in Table 2 , set forth on Exhibit "A" attached to this ordinance. (c) Where a drive way opening onto an arterial or collector street is open to the general public or serves four or more residences, the intersection visibility triangle shall have the dimensions illustrated in Table 3 , set forth on Exhibit "A" attached to this ordinance. (d) It shall be unlawful to set out, maintain, or cause to be set out or maintained any sign having a height greater than two (2) feet as measured from the top of the pavement of the adjacent streets within any visibility triangle as defined herein. (e) The City of Southlake shall have the power to vary the dimensions of a visibility triangle to provide a safe stopping distance for the speed limits in effect. These safe stopping distances shall be as set forth in the Transportation and Traffic Engineering Handbook, copyright, 1976 . J. Existing Signs-Nonconforming. Any sign lawfully existing on the effective date of this Ordinance shall be allowed to remain as a nonconforming sign for a 341 period of ten (10) years from and after the effective date hereof subject only to removal pursuant to Section V (D) of this Ordinance. This provision is intended for the purpose of allowing the owner of any existing sign to recover the economic value of the existing sign prior to being required to bring such sign into conformance with this Ordinance. K. Site Plan-Signs to be noted on site plans. All final site plans filed with the City for approval by the City Council shall have noted thereon the location of any freestanding or monument sign, if known, intended to be erected for permanent use with the building or buildings to be constructed pursuant to such final site plan. SECTION VI-CONDITIONAL SIGN PERMITS A. Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional permit approved by the City Council. The minimum size development for a conditional permit shall be 50 acres. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, color, location or relation to adjacent properties, would promote the health, safety and welfare of the community. Conditional use permitting of signs is intended to allow for evaluation of the proposed sign and to ensure adequate mitigation of potentially unfavorable impacts. B. An application for a conditional sign permit shall be submitted to the Director of Public Works, along with a fee as determined by valuation of the structure to be build in accordance with the 1988 edition of the Uniform Administrative Code, Table No. 3-A, Building 40 Permit Fees, page 31 . A plan shall be submitted with the application showing the location of all signs to be placed on the site. The applicant shall also construction plans by a registered professional engineer in the State of Texas and also provide representative renderings of the particular sign types, facings, material compositions, dimensions, location, setbacks, lighting and colors. C. The Director of Public Works shall review the application and submit a report to the City Council. The City Council shall then review the application and conditionally approve or deny the conditional sign permit. Any conditional use permit approved by the Council shall be subject to such restrictions as the Council may reasonably place upon the sing with regard to height, dimensions, setbacks, sign types, facings , material compositions, colors, location, lighting and other reasonable requirements which the Council deems necessary or appropriate for the approval of the permit. SECTION VII 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. Ordinance Nos. 350 , 398 , and 485 are hereby repealed in their entirety. SECTION VIII 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 it/ 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 IX 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 violation affecting fire safety and not more than Five Hundred Dollars ($500 . 00) for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION XI 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 XII The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION XIII 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 FIRST READING ON THIS DAY OF , 19 Gary Fickes, Mayor ATTEST: Sandra L. LeGrand, City Secretary PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 19 Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM AND LEGALITY: 21.3 • *—VARIABLE DISTANCE. A MINIMUM OF EIGHT (8) FEET CLEARANCE MUST BE MAINTAINED IN CASES WHERE THE DISTANCE BETWEEN THE PROPERTY LINE AND CURB IS LESS THAN EIGHT (8) FEET. TABLE 1 TABLE 2 TABLE 3 UNCONTROLLED INTERSECTION CONTROLLED INTERSECTION DRIVEWAY AT ANY PUBLIC ST NOEL: TEL VISILZL2IT TRIANGLE PROM MEASUREMENTS ARE TAKEN TROM EDGE Or DRIVEWAY.NOTE: TEE VISIBILITY TRIANMLE SHALL EL PROVIDID IN ALL SHALL BE PROVIDED IH ALL DIRECTIONS. DIRECTIONS. 1 [i I;I' 1 ' EiVISIBILITY t r TRIANGLE ( G w 1;XI i ;Ir4r STREET ' 0i7 i— malt tr— STREET ter—50 •-1 DRIVE t8 , l V * it., ' -+.'� ••!'z _-- . v t • a W • W W a u m ! • ', w WW ) W 1 [A E. ; O H t tl1 0j t , a . EXHIBIT "A" City of Southlake,Texas MEMORANDUM May 11, 1990 TO: Mayor Gary Fickes, Members of City Council and Curtis E. Hawk, City Manager FROM: Billy Campbell, Chief of Police SUBJECT: Amending Ordinances No. 396 and No. 368 On Wednesday, May 9, 1990, we were called to court on a trial concerning a speeding citation on Whites Chapel that official City complaint indicated Whites Chapel Boulevard and the Ordinace establishing the speed zone called for White Chapel Road. Judge Bradley had no choice but to acquit the subject because of the inconsistency between the Ordinance, complaint and the official map. I have requested an amendment to those Ordinances with the only change to read Whites Chapel Boulevard instead of Whites Chapel Road. With the thoughts of going to a Court of Record, it is these points of error that could cause an appeal and/or dismissal from a Court of Record. I feel that it is necessary that we act immediately to correct this inconsistency. The Court is reviewing all of our Ordinances for like-type problems and if we come up with any other inconsistencies we will be addressing them with the Council as we find them. BC/ /8'-�/ ORDINANCE NO. 508 AN ORDINANCE AMENDING ORDINANCE NO. 349, AS AMENDED, RELATING TO INCREASING THE SPEED LIMIT ON CERTAIN STREETS AND ROADWAYS WITHIN THE CITY OF SOUTHLAKE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 Local Government Code; and WHEREAS, pursuant to Section 169 of Article 6701d, Vernon's Tex.Rev.Civ.Stat. , the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2 That Section 6 of Ordinance No. 349 is hereby amended to read as follows: "SECTION 6 The prima facie maximum and prudent speed for travel upon any street or roadway within the corporate city limits of the City of Southlake, Texas, other than those streets and roadways designated in subparagraphs (a) through (b) below which shall be forty (40) miles per \slake\ord.24 -1- hour and other than upon State Highway 114 and Farm to Market Road 1709, shall be thirty (30) miles per hour, except as otherwise established by the Department of Public Safety of the State of Texas; and that such speed limit of thirty (30) miles per hour shall be effective immediately upon any street or roadway not presently posted by appropriate signs otherwise and shall be effective upon any street or roadway otherwise posted with a different speed limit sign being removed and a new speed limit sign reflecting a posted speed of thirty (30) miles per hour being erected. Those streets and roadways within the City of Southlake, Texas, upon which the prima facia maximum and prudent speed for travel shall be forty (40) miles per hour as indicated and except as set forth above are as follows: (a) South White Chapel Boulevard from Bear Creek to F.M. 1709; and (b) North White Chapel Boulevard from F.M. 1709 to Dove Road. " 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. Ordinance No. 396 is hereby repealed in its entirety. 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 \slake\ord.24 -2- 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 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 349 or any other ordinances affecting prima facie speed limits 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 6 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. \slake\ord.24 -3- SECTION 7 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 FIRST READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord.24 -4- r CITY OF SOUTHLAKE"TEXAS ..�,JJ�4 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 349 OF THE CITY OF SOUTHLAKE, TEXAS RELATING TO SPEED LIMITS IN SCHOOL ZONES BY ADDING TWO NEW SCHOOL ZONES WITHIN THE CITY AT SOUTH PEYTONVILLE AND WEST CONTINENTAL; RELATING TO INCREASING THE SPEED LIMIT ON WHITE CHAPEL ROAD FROM BEAR CREEK TO S.H. 114; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 169 of Article 6701d, Vernon's Tex. Rev . Civ .. Stat. the City of Southlake, Texas has authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways. NOW, THEREFORE, Be It Ordained By The City Council of The City of Southlake, Texas: Section 1 . That Section 5 of Ordinance No. 349 is hereby amended by the inclusion of the following additional school zones: "800 - 1000 block of 640 feet 9 inches north of the South Peytonville - north curbline of the 1600 block of West Continental to the north curbline of the 1600 block of West Continental 1600 - 2000 block of 276 feet east of the east curbline West Continental - of the 1000 block of South Peytonville to 594 feet west of the west curbline of South Peytonville" Section 2. That Section 6 of Ordinance No. 349 is hereby amended to read as follows: "6. The prima facie maximum and prudent speed for travel upon any street or roadway within the corporate city limits of the City of Southlake, Texas , other than White Chapel Road from Bear Creek to S.H. 114 which shall be forty ( 40 ) miles per hour and other than upon State Highway 114 and Farm to Market Road 1709, shall be thirty ( 30 ) miles per hour , except as otherwise established by Ordinance as a School Zone, or as otherwise established by the Department of Public Safety of the State of Texas, and that such speed limit of thirty ( 30 ) miles per hour shall be effective immediately upon any street or roadway 1. < • not presently posted by appropriate signs otherwise and shall be effective upon any street or roadway otherwise posted with a different speed limit upon such presently existing speed limit sign being removed and a new speed limit sign reflecting a posted speed of thirty (30 ) miles per hour being erected. " Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4 . This ordinance shall amend Ordinance No. 349 in the instances stated above and shall not amend any other provisions of Ordinance No. 349, which ordinance is hereby ratified and reaffirmed and shall remain in full force and effect . Section 5. This ordinance shall become effective after its adoption pursuant to the Southlake City Chart= r. PASSED AND ADOPTED this • - of AUPI. 1987. ' • , 0"f -4111, arm Mayer, C o Southlake, Texa' [SEAL] /1 L C L/ /61444 ty Secretary, City of Southlake, Texas APPROVED AS TO FORM 1<mal.21=1:1 City Attorney, City of out ake, Texas First Reading: Second Reading: A.. -2- 06020 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 396 AN ORDINANCE AMENDING ORDINANCE NO 349 OF THE CITY OF SOUTHLAKE, TEXAS RELATING TO INCREASING THE SPEED LIMIT ON CERTAIN STREETS AND ROADWAYS WITHIN THE CITY; PROVIDING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 169 of Article 6701d, Vernon' s Tex. Rev. Civ. Stat . the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2 . That Section 6 of Ordinance No . 349 is hereby amended to read as follows : " 6 . The prima facie maximum and prudent speed for travel upon any street or roadway within the corporate city limits of the City of Southlake, Texas, other than those streets and roadways designated in subparagraphs (a) through (b) below which shall be forty (40) miles per hour and other than upon State Highway 114 and Farm to Market Road 1709 , shall be thirty (30) miles per hour , except as otherwise established by Ordinance as a School Zone, or as otherwise established by the Department of Public Safety of the State of Texas; and that such speed limit of thirty (30) miles per hour shall be effective immediately upon any street or roadway not presently posted by appropriate signs otherwise and shall be effective upon any street or roadway otherwise posted with a different speed limit upon such presently existing speed limit sign being removed and a new speed limit sign reflecting a posted speed of thirty (30) miles per hour being erected. Those streets and roadways within the City of Southlake, Texas, upon which the prima facie maximum and prudent speed for travel shall be forty (40) miles per hour as indicated and except as set forth above are as follows : (a) White Chapel Road from Bear Creek to S .H. 114 ; and 0 1 4 S A / B //- (b) N. White Chapel Road from S .H. 114 to Dove Road. Section 3 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect . Section 4 . This ordinance shall amend Ordinance No. 349 in the instances stated above and shall not amend any other provisions of Ordinance No. 349 , which ordinance is hereby ratified and reaffirmed and shall remain in full force and effect . Section 5 . This ordinance shall become effective after its adoption pursuant to the Southlake City Charter . / �c P D AND ADOPTED ON FIRST READING the day of 61- '.( it l ' , 1987 . PASSED AND ADOPTED ON SE NG the • day of L tirc_,ltt , 1987 . Ma r , ty of Sout ake, Texas [SEAL] //6.. ity Secretary, City of Southlake, Texas APPROVED AS TO FORM City Attorney, C. y of Southlake, Texas 0 1 4 5 a/ 9 i ORDINANCE NO. 349 AN ORDINANCE AMENDING ORDINANCE NO. 118 AS AMENDED BY ORDINANCE NO. 231 AND ORDINANCE 231-1 OF THE CITY OF SOUTHLAKE BY SUBSTITUTING A NEW ARTICLE XXV-SPEED LIMIT; PROVIDING A SEVERABILITY CLAUSE; REPEALING ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE; RE-STATING PENALTIES FOR VIOLATIONS; AND DIRECTING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE. WHEREAS, pursuant to Section 169 of Article 6701d, Revised Civil Statutes of Texas as amended, the City of Southlake, Texas has authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and, WHEREAS, based upon speed studies and taking into consideration engineering and traffic investigations and recommendations on the part of the Chief of Police of the City of Southlake, Texas, and after public hearing held; and after the said City Council finding that maximum prima facie speed limits on the public streets and highways mentioned hereafter should be so regulated in the interest of preservation of the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : A. That Article XXV entitled "SPEED LIMIT" shall read as follows : 1. The Chief of Police is hereby authorized to make speed studies, engineering and traffic investigations, when specifically required by the City Council, and make recommendations to the City Council concerning speed regulations and traffic control devices. 2 . It shall be unlawful for any person to drive or operate a vehicle on a street or highway at a speed greater than is reasonable and prudent under the circumstances then existing. 3. Any speed in excess of the prima facie maximum reasonable and prudent speed limit for the location shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. 4. Where no prima facie maximum or reasonable and prudent speed requiring the erection of one or more signs giving notice has been established for a public street or highway within the City of Southlake, Texas urban district, the prima facie maximum reasonable and prudent speed for such location shall be 30 miles per hour unless a slower speed is required by applicable provisions of the State laws of Texas. 5. The prima facie maximum reasonable and prudent speed on the portion of any street or highway designated below shall be the speed in miles per hour designed below, between 7 : 30 a.m. to 8 :45 a.m. , both inclusive and 2 : 30 p.m. to 3: 45 p.m. , ' both inclusive, Monday through Friday, provided that an appropriate sign giving notice thereof is erected. It shall be an affirmative defense to a charge of exceeding said prima facie maximum speed, established below, that the day in question was a day when there were no classes in session at the nearest school. SCHOOL ZONE NORTH N.CARROLL AVE. 194 ft. 9 in 268 ft North 20 South of the of the curb N. curb line line of East of Casey Ct. Highland St. SOUTH N.CARROLL AVE. 268 ft North 194 ft 9 in. 20 of N. curb South of N. line of East curb line of Highland St. Casey Court EAST E. HIGHLAND ST. 350 ft. West 730 ft East of 20 of W. curb E. curb line line of North of N. Carroll Carroll Ave. Avenue WEST E.HIGHLAND ST. 730 ft. East 350 ft. West 20 of E. curb of W. curb line of North line of North Carroll Ave Carroll Avenue EAST E.DOVE STREET 1301 ft West 248 ft East of 20 of W. Curb E. curb line of line of N. N. Carroll Avenue Carroll Ave. WEST E.DOVE STREET 248 ft. East 1301 ft. West of 20 of E. curb W. curb line of line of N. N. Carroll Avenue Carroll Ave. SOUTH N.CARROLL AVE 1464 ft 5 in. 403 ft south of 20 North of N. S. curb line of curb line of E. Dove Street E. Dove Str. •r NORTH • N.CARROLL AVE 403 ft. South 1464 ft 5 in. N. 20 of S. curb of N. curb line line of E. of East Dove St. Dove Street EAST E.SOUTHLAKE BLVD 324 ft. West 70 ft West of W 20 of W. curb curb line of line-Crooked Crooked Lane Blvd Lane Blvd. WEST E.SOUTHLAKE BLVD 70 ft West of 324 ft W of W. 20 W. curb line curb line of of Crooked Crooked Lane Blvd Lane Blvd. 6. The prima facie maximum and prudent speed for travel upon any street or roadway within the corporate city limits of the City of Southlake, Texas, other than upon State Highway 114 and Farm to Market Road 1709 shall be thirty (30 ) miles per hour, except as otherwise established by Ordinance as a School Zone, or as otherwise established by the Department of Public Safety of the State of Texas, and that such speed limit of thirty ( 30 ) miles per hour shall be effective immediately upon any street or roadway not presently posted by appropriate sign otherwise and shall be effective upon any street or roadway otherwise posted with a different speed limit upon such presently existing speed limit sign being removed and a new speed limit sign reflecting a posted speed of thirty (30 ) miles per hour being erected. 7. The foregoing itemized speed areas shall have the following meaning to any abbreviations used therein: "E" means "East" "W" means "West" "N" means "North" "S" means "South" "F.M. " means "Texas Farm to Market Road" "R.M. " means "Texas State Ranch to Market Road" "I" means "Interstate" "S.H. " means "Texas State Highway" "U.S. " means "United States Highway" Block number is inclusive as to the portion of the street covered by both block numbers and all areas between said block numbers including intersections. B. The penalty for violation of Ordinance 118 of the City of Southlake, Texas , as amended, shall be a misdemeanor punishable by a fine of not less than ONE DOLLAR ( $1 . 00 ) nor more than TWO HUNDRED DOLLARS ( $200. 00 ) . C. If any portion of this amendment shall be declared for any reason unconstitutional or invalid, then such decision shall not affect the validity of the remaining portions of this amendment. • ' ). This amendment hereby repeals any other ordinance or portion i thereof of the City of Southlake, Texas, in direct conflict herewith. .,. The City Secretary of the City of Southlake, Texas is hereby directed to publish this amendment under the applicable laws but may publish only the caption and penalty clause thereof and this said ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. ADOPTED THIS ,2 / day of October, 1986. •r L 0 Latta J ,\ ATTEST: hate._ //,dee7,,z, J7' City Secretary Sandra L. LeGrand APPROVED AS TO FORM: /</I,,,.1..--,4/: " C Attorney William H. Smith —