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Item 8D City of Southlake Department of Planning MEMORANDUM May 10, 2006 TO: Shana Yelverton, City Manger FROM: Ken Baker, AICP, Planning Director SUBJECT: Ordinance 480-III – Request to amend Section 45, “Specific Use Permits”, of the Comprehensive Zoning Ordinance No. 480, as amended. ________________________________________________________________________________ Charles McMurray of Sport Ryder Rentals, LLC is requesting a text amendment to the “Specific Use Permits” section of the Zoning Ordinance. This is proposal to add a provision to the zoning ordinance allowing “Indoor motorcycle sales, rental and service” with approval of a specific use permit within “I-1” light industrial zoning district. Currently automobile and motorcycle sales, rentals and service are only permitted by right within the “I-2” heavy industrial district and the “B-2” business commercial manufacturing district. New and uses automobile sales and service are currently permitted with approval a specific use permit in the “I-1” light industrial district, but does not include motorcycle sales and rentals or automobile rentals. The attached Section 45 includes under Section 45.1 (44) language adding the proposed use with the zoning district where permitted. Also attached with this application is Sport Ryder Rentals, LLC’s request letter for the zoning text amendment. A Specific Use Permit to allow for indoor motorcycle sales, rental and service has also been submitted and will be presented to City Council following a second reading of this request. ACTION NEEDED: Conduct a first reading on proposed Ordinance 480-III P&Z ACTION:May 4, 2006; Conducted a Public Hearing and recommended approval (6-0) of the proposed Ordinance 480-III subject to the language to read “indoor motorcycle sales, rentals, and service” in “I-1” Light Industrial zoning districts only. ATTACHMENTS: Applicant’s letter requesting the text amendment Proposed Ordinance 480-III. The applicant has amended their request in accordance with the recommendation of the Planning And Zoning Commission STAFF CONTACT: Ken Baker (748-8067) or Dennis Killough (748-8072 1 2 3 ORDINANCE NO. 480-III AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 45 – “SPECIFIC USE PERMITS”; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS , the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance Section 45.1 – “Specific Use Permits” is hereby amended, by adding the following subsection to read as follows: 4 44. Indoor motorcycle sales, rental and service I-1 ** Shall apply only to non- residential uses and mixed use buildings in the DT District. SECTION 2 All rights or remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of Ordinance No. 480, as amended, or of any zoning ordinance or amendments thereto of said City of Southlake, Texas, that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the Court shall have all the powers that existed prior to the effective date of this ordinance; and all existing violations of previous zoning or building ordinances which would otherwise become non-conforming uses under this ordinance, shall not become legal non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that they were violations of prior zoning ordinance of the City of Southlake, Texas. SECTION 3 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 4 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of Section One of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. 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 Section Three of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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. 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 6 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 7 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 6 fifteen (15) 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 8 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 __ day of _______, 2006. _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the __ day of ______, 2006. _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: 7 _________________________________ CITY ATTORNEY 8