Loading...
480-YYYOFFICIAL RECORD ORDINANCE NO.480-YYY AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO ON -SITE SEWAGE FACILITY PLANS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 33.14 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: Ordinance No. 480-YYY Page 1 of 6 HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on -site sewage facility (OSSF) designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on -site sewage facility (OSSF) is to be employed, the minimum lot size must be one acre per family, residence or commercial structure, with a minimum usable area of at least one acre, and the use must be approved by the City Council of the City of Southlake. The minimum usable area requirement of one (1) acre per lot shall exclude all areas of the lot (As amended by Ordinance 480-JJJ and 480-VW): a. In any flood plains as identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM); b. In any drainage and flowage easements; and c. Having topographical limitations as regulated under the standards for on -site sewage facilities in the Texas Administrative Code Chapter 285. For properties proposing an on -site sewage facility, a plan is required that shows the type and location of the on -site sewage facility, topography of the site, location of spray fields, all easements, impact on any existing trees, and any additional information required by the Authorized Agent responsible for on -site sewage facility permitting and inspections. (As amended by Ordinance No. 480-YYY) SECTION 2 Add the following under Section 4 of the Comprehensive Zoning Ordinance No. 480, as amended, to read as follows: AUTHORIZED AGENT RESPONSIBLE FOR ON -SITE SEWAGE FACILITY PERMITTING AND INSPECTIONS — The individual, organization, or government entity contracted with the City that is responsible for the proper implementation of Texas Health and Safety Code Chapter 366 and Texas Administrative Code Chapter 285. (As amended by Ordinance No. 480-YYY) SECTION 3 Section 40.3 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: r. The location of all on -site facilities for liquid and solid waste temporary storage pending disposal. For properties proposing on -site sewage facilities, provide the type and location of the on -site sewage facilities, including the topography of the site, location of spray fields, all easements, impact on any existing trees, and any additional information Ordinance No. 480-YYY Page 2 of 6 required by the Authorized Agent responsible for on -site sewage facility permitting and inspections. No building permit shall be issued until such plan has been reviewed and approved by the authorized agent nor shall any certificate of occupancy be issued until the system has been properly installed and inspected by the authorized agent. (As amended by Ordinance No. 480-YYY) SECTION 4 Section 41.3 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: q. For properties proposing on -site sewage facilities, provide the type and location of the on -site sewage facilities, including the topography of the site, location of spray fields, all easements, impact on any existing trees, and any additional information required by the Authorized Agent responsible for on -site sewage facility permitting and inspections. No building permit shall be issued until such plan has been reviewed and approved by the authorized agent nor shall any certificate of occupancy be issued until the system has been properly installed and inspected by the authorized agent. (As amended by Ordinance No. 480-MMM and further amended by Ordinance No. 480-YYY) SECTION 5 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 6 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 Ordinance No. 480-YYY Page 3 of 6 enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9 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. Ordinance No 480-YYY Page 4 of 6 SECTION 10 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 11 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 19t" day of May, 2009. John Terrell, MAY R ATTEST: ,�,aaaaete° s « � G � Lori Payne, CIT SECRETLY '°�.•4« °°0aeeaanaaaae+� Ordinance No. 480-YYY Page 5 of 6 PASSED AND APPROVED on the 2nd reading the 2"d day of June, 2009. )92ic John Terrell, MAYOR ATTEST: :a" �0 s•0000g® �� �i� • o • : C _ Lori Payne, CIV SECRE-QARI. APPROVED AS TO FORM AND LEGALITY: (i LK ",- j CITY ATTORNEY 1 DATE: ADOPTED: 111 EFFECTIVE: ji-mb b, w Ordinance No 480-YYY Page 6 of 6 INVOICE Preview Star -Telegram Customer I D: CIT57 400 W. 7TH STREET Invoice Number: 304988651 FORT WORTH, TX 76102 Invoice Date: 6/5/2009 (817) 390-7761 Net due in 21 days Federal Tax ID 26-2674582 P�G�\�`i� Terms: Due Date: 6/30/2009 Bill To: G�I►�DQPP� PO Number: 20900115-000 CITY OF SOUTHLAKE �G`� Order Number: 30498865 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 6/5/2009 Attn Attn: ACCOUNTS PAYABLL Description Location Col Depth Linage MU Rate Amount CITY OF CITY OF ORD NANCE NCE NO I3580 1 64 64 LINE 80.81 $51.84 NO. 480-YYY AN ORDINANCE AMENDING ORDI- Sales Disc AMENDED, 111E NO. 480 THE AS QQ�� �5 00) COMPREHENSIVE ZONING ORDI- NANCEOF THE CITY Misc Fee SOUTHLAKE, " $5.00 TEXAS; AS IT PER- TAINS TO ON -SITE SEWAGE FACILITY PLANS; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF t! 11 •, E D ALL ORDINANCES; �, t�.._," 1,._ ? 4 - Net Amount: $51.84 PROVIDING A SEV- ERABILITY CLAUSE; PROV DING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- , INGS CLAUSE;-� PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7 Any person, firm or THE S1 corporation who vi- olates, disobeys, County omits, neglects or refuses to comply with or who resists the enforcemenof Before any of the p ovisions or said Count and State, this da y y personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for of this ordinance the Stai shall be fined not Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the Thousanthan Do lays Twertisement was publish the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 3! 0.0 for each offense. Each day that • that a violation is permitted to exist shall constitute a Signed _ separate offense. AND P20ROVED THIS THE ��.•\ N SUBSC OF JI N E IEFORE ME, THIS Monday, June,08, 2009. AM�q�� NOT• c�' // 09DAY REGULAR CITY COUNCIL MEETING. ` \ / MAYOR: John Terrell Notary PUbI1C ATTEST: Lori Payne, City Secretary � Cn • NS —1 n•�� F AS Thank You For Your Payment ------------------------------------------------ frltt1111t0\\r�`\\\\ Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304988651 Invoice Amount: $51.84 PO Number: 20900115-000 Amount Enclosed: $ I INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 304194191 FORT WORTH, TX 76102 Invoice Date: 4/17/2009 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2009 Bill To: -PO#20900115-.QnO ?'O Number CITY OF SOUTHL n?KE 1400 MAIN ST Order Nu-­..L^--•: 30419419 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Pate: 4/17/2009 Attn CITY MANA-CIER-oFFICE -- _. �.__----- CITY OF SOUTHLAKE Des cr►PtioiNoticeis r .. 't. ,., I ILoc Itlo?i CM Ivi'i'3flI Lin ige 1�ic LC hereby given i E!w 01a It I by the City Council-- --._____..----- --- _--.-- ---.---�_��_, of the City of CITY OF SOU' th t al public hearing thak Texas,legal No 1 79 79 LINE $0.81 $63.99 will be held on May City Secretary 5, 2009, at 5:00 p.m. or immediately fol- Sales Discount lowing the Work ($5.81) Session, during the Regular City Council meeting to be hPId in the City Council M1se Fee Chambers of Town $5.00 Street, 1400 Main ake, ��'' �• �, i i E D Texas. Purpose of the public hearing is to consider the sec- ond reading of the following ordinance: Net Amount: $63.18 ORDINANCE NO. 480-YYY _ M AY g 2009 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY rr -1 =ryRy OF SOUTHLAKE, I//''11�+ `»'ll'f y... i,a. (`��� OFFICE TEXAS; AS IT PER- TAINS TO ON -SITE SEWAGE FACILITY PLANS; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; THE STATE 1 ERABILDITY CLAUSE; County of Tar PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- Before me, a INGS INGCLA FOR or said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for PROthe Star-Tele PUBLICATION IN., Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attac PAMPHLET FORM; PROVIDING FOR ertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-75 PUBLICATION IN THE OFFICIAL PR VIID NPGRIANAND EF-- DATE. SECTIONS Signed SUBSCRIBE Any who vir ���\ D�p,RY P(j���;p�% EFORE ME, THIS Monday, April 20, 2 9. �J olates, disobeys, omits, neglects or p.• y, ^ , : refuses to complyly with or who resists the enforcement of Notary Public `•� _ — _ any of the provisions of this ordinance e shall bfined not T cP i T.9 more than Two �.L i •• eOf 0 ; Thousand Dollars✓� ($2,000.00) for each ••• EXPIRES / \\\ offense.••' that a permitted violationis ���t 8-19.20A��`����'a\ IiiHlill Thank Yol shall constitute a separate offense. Iment City of Southlake ._........... ...._.- ....,_ ._._ Lori Payne ..,...-......,,......_. — —.._.._.....-. — — _,.......,_....,....._...._.—._.._ ._,.,.._..,...._.._... _..Y., _,....._..............-..._,_ — — — ._......... Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304194191 Invoice Amount: $63.18 PO Number: PO#20900115-000 Amount Enclosed: $ INVOICE Preview - Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 304652421 FORT WORTH, TX 76102 Invoice Date: 5/16/2009 (817) 390-7761 Federal Tax [D 26-2674582 WECEIVED Terms: Net due in 21 days CITY Or SQUTIIILAKE Due Date: 5/31/2009 Bill To: ��, 7 t; PO Number: 20900115-000 CITY OF SOUTHLAKE FINANCE DEPAR?l�'�h'i ,' 1400 MAIN ST Order Number: 30465242 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 5/16/2009 Description Location ,: Co! Depth Linage MU Rate Amount CITY OF Sales Misc Fee I THE STD County �I Before the Star that the (817) 39i CITY OF SOUTHLAKE Legal Notices otice is hereby given Eby i580 the city Council PAMPHLET FORM; of the City of PROVIDING FOR Southlake, Texas, PUBLICATION IN that a public hearing THE OFFICIAL, will be held on June NEWSPAPER; AND 2, 2009, at 5:00 p.m. PROVIDING AN EF- or immediately fol- FECTIVE DATE. lowing the Work SECTION 7 Session, during the Any person, firm or Regular City Council corporation who vi-' meeting' to be he olates, disobeys, in the City Council omits, neglects or Chambers of Town refuses to comply Hall, 1400 Main with or who resists Street, Southlake, the enforcement of Texas. Purpose of anthe provisions the public hearing is of this ordinance of to consider the sec- shall be fined not and reading of the more than Two. following ordinance: Thousand Dollars ORDINANCE ($2,000.00) for each NO. 480-YYY offense. Each day aN ORDINANCE that a violation is AMENDING ORDI- permitted to exist NANCE NO. 480, AS shall constitute a AMENDED, THE separate offense. COMPREHENSIVE City of Southlake ZONING ORDI- Lori Payne NANCE OF THE CITY nc SOUTHLAKE. City Secretary 1 79 79 LINE $0.81 $63.99 Net Amount: M AY 2 7 2.009 ($5.00) $5.00 $63.99 SHALL BE 1TIVE OF, ZDINANCES; ING A SEV- TY CLAUSE; ING FOR Aand for said Count and State, this da I FOR vlo- y y personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for HA s- AV ING )y the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say CLAUSE;I advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM ING FOR NTION IN I Sianed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, May i9, Notary Public_ kkr-. I. Thank You For Your Payment ------------------------------------- Remit To: Star -Telegram Customer ID: P.O. BOX 901051 Customer Name: FORT WORTH, TX 76101-2051 Invoice Number: Invoice Amount: PO Number: Amount Enclosed d, Py 9TF OF iE' ••••.FXn1RES.•' • \\��. CIT57 CITY OF SOUTHLAKE 304652421 $63.99 20900115-000 $