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480-IIII OFFICIAL RECORD ORDINANCE NO. 480-1111 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO TEMPORARY CONSTRUCTION FACILITIES AND /OR TEMPORARY SALES FACILITIES; 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 34.1(u) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: ACCESSORY USE District Where Permitted u. One temporary construction facility by a Developer, including manufactured housing, not to exceed 2,000 square feet, only during actual construction for a period not to exceed two (2) years ALL from the date of issuance of the building permit for the temporary construction facility and located on property being developed. The actual construction period for the development shall mean the period from the date of issuance of the first permit for construction until the date of final acceptance of the improvements or issuance of a certificate of occupancy. Temporary construction facilities must be at least two hundred (200) feet from any occupied residence. (As amended by Ordinance No. 480 -1111) SECTION 2 Section 44.12 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended by deleting the following and shall be renumbered sequentially: 2. Temporary real estate sales office, including manufactured housing, to ALL be located on property being sold for a period of sale exceeding two (2) CONCEPT years. PLAN REQUIRED SECTION 3 Section 45.1(46) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: SPECIFIC USE DISTRICT WHERE PERMITTED 46. Temporary construction facilities when not permitted as an ALL accessory use in accordance with Section 34, and all temporary sales facilities. Subject to the requirements set forth in Section 45.18 of this ordinance. (As amended by Ordinance No. 480 -1111) SECTION 4 Section 45.18 of the Comprehensive Zoning Ordinance No. 480, as amended, shall hereby read as follows: 45.18 SPECIFIC REGULATIONS FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITIES (As amended by Ordinance 480 -1111) 1) The City Council may grant a specific use permit to increase the maximum parameters set forth for temporary construction facilities by Section 34 of this ordinance and may grant a specific use permit to allow temporary sales facilities subject to the following standards: (a) Temporary facilities must be at least two hundred (200) feet from any occupied residence. (b) Temporary facilities must be skirted on the front and sides. (c) Temporary facilities must provide foundation landscape planting consisting of one (1) five - gallon shrub per four (4) linear feet around skirting (excluding entrances). (d) Each temporary facility shall have at least two (2) paved parking places (two (2) deep, tandem parking is not permitted). (e) Temporary facilities may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics. 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 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. SECTION 10 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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 3 day of APRIL, 2012. MAYOR ATTEST: ,,,t,,►►,►, ►,,,, CITY SECRETARY ' ' "' .• •• ►I ► *'* PASSED AND APPROVED on the 2nd reading the 1 day of MAY, 2012. 41) ‘a)r MAYOR ATTEST: H ' CITY SECRETARY = v • .• APPROVED AS TO FORM AND LEGALITY: C C/A.377q CITY ATTORNEY DATE: Vh 46.4.1 1 3-0 t 4-- ADOPTED: 3 01 EFFECTIVE: V 5, P-014- INVOICE WY 1 ®2012 Star - Telegram Customer ID: CIT57 808 Throckmorton St. RECEIVE Invoice Number: 321217961 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 5/5/2012 Federal Tax ID 26- 2674582 gyp, !, 1 L ' 1 Terms: Net due in 21 days Due Date: 5/31/2012 Bill To: Y CITY OF SOUTHLAKE OFFICE OF C ITY SECR�A PO Number: 21200238 1400 MAIN ST Order Number: 32121796 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 5/5/2012 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE CITY OF ; AN OORDINRDINAANCNCE AMENDING E No. a,3o-ml ORDY- NO I3580 1 38 38 LINE $17.35 $659.36 NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING I Legal Notices Sales Disc ORDINANCE OF THE CITY OF ($604.38) SOUTHLAKE, TEXAS; AS IT PER _ TAINS TO TEMPORARY CON- PAPER; �AND PROVIDING AN EF- STRUCTION FACILITIES AND /OR FECTIVE DATE. Misc Fee TEMPORARY SALES FACILITIES; Any person, firm or corporation who I $10'00 PROVIDING THAT THIS ORDI- 1 violates, disobeys, omits, neglects NANCE SHALL BE CUMULATIVE or refuses to comply with or who OF ALL ORDINANCES; PROVIDING resists the enforcement of any of A SEVERABILITY CLAUSE; PRO- the provisions of this ordinance VIDING FOR A PENALTY FOR shall be fined not more than Two VIOLATIONS HEREOF; PROVIDING Thousand Dollars ($2,000.00) for N Amount: $64.98 A SAVINGS CLAUSE; PROVIDING each offense. Each day that a \ \ \ \il�� I�lli / / // FOR PBLICATION FORM ; U PROVID NG constitute permitted s pa a e �` L. /1 p CATION IN THE OFFICIAL NEWS- Passed and approved this the 1st ��� 4* ` /� day of May, 2012 during the regular 4`.e ;�PaY PVC •, .• City Council meeting. Mayor: John Terrell ` V� 2 O ' G . Attest: Alicia Richardson, City Sec- = *, , . 1 retary ^ . ( 5 7C i l' 1. -c • OF ITcr • '. • •• EXPIRE`'.•' THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publish- • in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed \_ � �_ A\CY\, �C� SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, May J8, 0 •. 1 Notary Public .4 / / . i IA i„ / / r •W_ i Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 321217961 Invoice Amount: $64.98 PO Number: 21200238 Amount Enclosed: MAR 3 0 2012 INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 320387811 FORT WORTH, TX 76102 REC DED (817) 390 -7761 Invoice Date: 3/7/2012 Federal Tax ID 26- 2674582 Terms: Net due in 21 days A ,- /:' ht ,1 IL Due Date: 3/31/2012 Bill To: PO Number: 21200238 CITY OF SOUTHLAKE 1400 MAIN OFFICE OF CITY SECRETARY Order Number: 32038781 MAIN S ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: PUBLIC HEARING Attn: Attn: ACCOUNTS PAYABLE Publication Date: 3/7/2012 Des( PUBLIC HEARING NOTICE CITY OF SOUTHLAKE, TEXAS 1 Location Col Depth Linage MU Rate Amount Notice is hereby given to all inter- ested persons that the City of PUBLII Southlake, Texas, will consider the �� °�` �' °� 87 87 LINE $17.28 $1,503.14 following items in the Council e Legal Notices Chambers at Town Hall, 1400 Main ■ - .,m ' Sales D Street, Southlake, Texas for the: , described as Lot 3R2R, Block 1, Planning ( & Zoning Commission on I Timarron Golf Course, an addition $1,364.37 ) Thursday, March 22, 2012, at 6:30 I to the City of Southlake, Tarrant p.m. or immediately following the County, Texas; and located at 1400 MiSC Ft Planning & Zoning Work Session, Byron Nelson Pkwy., Southlake, $10.00 will hold a public hearing and Texas. Current zoning R -PUD- consider: Residential Planned Unit Develop- • Ordinance No. 480 -1111, an amend- merit District. SPIN Neighborhood ment to the Comprehensive Zoning # 9. Ordinance No. 480, as amended, as 1 City Council on Tuesday, April 17, it pertains to temporary construc- 1 2012, at 5:30 p.m. or immediately $148.77 tion facilities and /or temporary following the City Council Work Net Amount: sales facilities located on property 1 Session, will hold a public hearing under construction. 1 and consider: 1 ,011111II11% • ZAl2 -021, Plat Revision for Lots • Ordinance No. 480 -1111, 2nd Reading, �� !/� 12BR1 and 12BR2, Block 1, Cedar i an amendment to the Compre- a � � � G .��{ h • HQ y4 Oaks Estates Addition, on property 1 hensive Zoning Ordinance No. 480, sc .. described as Lots 12B and 1261, as amended, as it pertains to 4, Q; • _WY P(� Block 1, Cedar Oaks Estates Ad- I temporary construction facilities ♦ O VP' . O S dition being an addition to the City and /or temporary sales facilities 2:' f O of Southlake, Tarrant County, Texas EE: located on property under con- 3 : 2 � I and being located at 1525 and 1535 I' struction, Oak Lane. Current Zoning: SF -1A- l All interested persons are urged to 5 r Single Family Residential District. R' attend. ; 9 # SPIN Neighborhood Ik 5. City of Southlake . City Council on Tuesday, April 3, Alicia Richardson, TRMC i • •. P1RE5.. ately THE S' 35 str 2, at uct5 the pCity ildiWork y/ / � City Secretary / / ' •......... �Q Count Session, will hold a public hearing ! / / 3' y1 1 „, ‘ ‘ Y and consider: • Resolution No. 12 -022 (ZAl2 -022), Before Specific Use Permit to allow Ken- nels at Southlake Crossing Animal County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Sts clinic on property described as Lot Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that th( Southlake, J.G. Alter No. u Addition, Teas p ent was ublishe in the above named a er on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM Southlake, Tarrant County, Texas P P P (817) 2 and located at 2320 West Southlake Boulevard, Southlake, Texas. Cur- rent Zoning: C -3 - General Corn- ``� �/�^y�1 mercial Zoning District. SPIN Signed NS, - ,...\,,C . \,. `� ` `�k. +' :( Neighborhood it 11. SUBS( • Resolution No. 12 -023 (ZAl2 -024), Specific Use Permit to allow Bars E ME, THIS Thursday, M r /ij �� /�I or Taverns for The Ginger Man on / property described as Lot 3R, Block 22, Southlake Town Square Addi- Notary Public � a 1 C) tion, Southlake, Tarrant County, Texas and located at 1512 East Southlake Boulevard, Southlake, Texas. Current Zoning: DT - Downtown Zoning District. SPIN Neighborhood if 8. • ZAl2 -003, Site Plan on property Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 320387811 Invoice Amount: $148.77 PO Number: 21200238 Amount Enclosed: I