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480-BORDINANCE NO. 480-B AN ORDINANCE AMENDING ORDINANCE NO. 480, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, BY AMENDING SECTION 32, "S-P-2 GENERALIZED SITE PLAN DISTRICT" BY ALTERING AND CORRECTING CERTAIN PROCESSING REGULATIONS AND REVISING THE SITE PLAN REQUIREMENTS IN SUCH DISTRICT; BY AMENDING SECTION 34t "ACCESSORY USES" BY ADDING AND AMENDING CERTAIN DEFINITIONS TO CLARIFY THE REGULATIONS CONTAINED THEREIN; BY AMENDING SECTION 45, "SPECIFIC USE PERMIT" REGARDING DISTANCE REGULATIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVE1L%BILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FOI~M; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AM 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 amended, 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 amended, 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. NOWv THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: \stake\ord.~O -1- SECTION I That Section 32, "S-P-2 Generalized Site Plan District Regulations" of Ordinance No. 480, as amended, is hereby amended by revising Section 32.3 to read as follows: "32 . 3. APPLICATION - A change of zoning to an S-P-2 Site Plan District shall be granted by the City Council only upon the written application of the owner or his representative and a recommendation of Planning and Zoning Commission. No variances to other city ordinances, codes or regulations will be permitted. The S-P-2 Site Plan District allows the City COuncil to approve variances to regulations of this ordinance only." SECTION 2 That Section 32, "S-P-2 Generalized Site Plan District Regulations" of Ordinance No. 480, as amended, is hereby amended by revising Section 32.4 to read as follows: "32.4. SITE PLAN Applicants for S-P-2 zoning must file an application for site plan approval in accordance with the following requirements: (1) Date, scale, north point, name of owner and name of person preparing the site plan. (2) Location of existing boundary lines and dimensions of the tract. (3) Indicate minimum building setback dimensions adjacent to all property lines. (4) Designation and location of proposed general land use for each building area. (5) Designation of the approximate location and size of points and ingress/egress. (6) Centerline of existing water courses, drainage features and floodway easements. \slake\ord.30 ~2- (7) Location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request. (8) Area map indicating the neighborhood in which the property is located. (9) Screening and landscaping plan shall be required where such treatment is essential to the property arrangement of the development. Such plan, when required, should include screening walls, ornamental planting, lawns and gardens, playgrounds and wooded areas that are to be retained. bo The site plan must be presented in an approved final form to the City twenty-five (25) days prior to the public hearings before the Planning and Zoning Commission and the City Council. No ordinance approving the zoning shall be approved unless and until the site plan in approved final form is timely submitted. Co The application for a change in zoning shall be deemed to be denied as a matter of law upon the applicant's failure to file a site plan in an approved final form within the time limits heretofore set out." SECTION That Section 34, "Accessory Uses" of Ordinance No. 480, as amended, is hereby amended by revising Paragraph y. of Section 34.1 to read as follows: "y. One temporary construction facility and/or one temporary sales facility by a Developer, including manufactured housing, not to exceed 500 square feet per facility, only during actual construction for a period not to exceed two (2) years and located on property being developed." SECTION 4 That Section 45, "Specific Use Permits" of Ordinance No. 480, as amended, is hereby amended by revising Paragraph b. of Section 45.6 to read as follows: \slake\ord.~O '5' "b. No alcoholic beverage use shall be located within three hundred (300) feet of a church, public school or public hospital. Such measurement shall be made in accordance with the requirements set forth in Section 109.33 of the Texas Alcoholic Beverage Code." 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 section. phrase, clause, sentence, paragraph or SECTION 7 Any person, firm or corporation who violates, disobeys, omits, ~eglects 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 \s[ake\ord.]O -4- that a violation is permitted to exist shall constitute a separate offense. SECTION S Ail 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 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 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 \st ake\ord.30 -5- within ten 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 FIRST READING ON THIS 20TH DAY OF NOVEMBER, 1990 · .......... :'e % .-~ .' A · SC:,:' /1\ PASSED ~ APPRO~D ON 8ECO~ ~INO ON THIS 4TH DAY OF '",,,,, ~ * ~ CITY SECRETLY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: /~ ~ 5 ~ ~ ADOPTED: /W,"~-'-' EFFECTIVE \slake\ord.30 -6- Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TLIE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared SUE RUSSELL Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE I °L PA i E AMOUNT APR 2312451585 , CL . 358 1X63 L 63 . 43 27 . 09 NOTEN TOEAHEARING S CE OF PUBLIC Apr 23 CITIZENIS hayIN1HEREBY Ity NTERESTED P . O . 0 R D 4 8 3—B Texas f will be holdi of ng atpppubl c - -- - - hearing on May 4,1993 begin- ning at 7:00 p.m.,In the City ' Council Chamthbers of City nue, Soouthlake,Carrollas Pur-.- pose of the hearing is to con-I Sider the following ordinance In ppublic hearing as follows: AN ORDINANCE AMENDING ORDI- NANCE CON I TROL ORDINANCE FOR THE CITY OF SOUTHLAKE TEXAS; PROVIDING FOR AP AND SWORN TO BEFORE MESIGNTI,IS THE ��� (7-1?"--.6/"I'6---6/ PROVAL OF CERTAIN 0 F PLATS BY CITY STAFF MA i 11 9 D BY THE PLAN- 5TH DAY 9 NG AND ZONING NOTARY PUBLIC MNGITHAT THIS O R- �`---'�`�1 JANCE SHALL BE Q�j 0RMULATIVE OF ALL TARRANT COL NTY, TEXAS ORDINANCES PRO- VIDINGASEV�RABIL- ITY CLAUSE PENALTY ^1 lH.Hryy� ING FOR A PENALTY � INGFOR VIOLATIONS; V ��o11t nATh?( I. SPENCER SVCDLAUSE. PRO- (1 TIOFNGIN PAMPHLET �' •$COMMISSION EXPIRES FORM PROVIDING "^ 1995 i FOR PUBLICATION IN '"P\ ,'+r^ JANUARY 28, �7r•.....'••¢_ THE OFFICIAL NEWS- -. -. -.. -- - - - t ',,%.ID II PAPER;AND PROVID- 'ram' ING AN EFFECTIVE DATE. SECTION 14. Any person firm or corporation who violates,disobeys,omits,ne- --TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT withor°who resists th °forcemeat of any of the provF finedthis mi oredthan Two T)houe sand Dollars (S2n0ach 0ay�F;°a REMIT TO : 400 W . SEVENTH , FW , TX 76102 violation is permitted to exist ---- shall constitute a separateot- FtnydillisatIlLg nse. IX4(X(X<X)X1X5X X XXXVQ4�M X X)(7X1X ty of Southlake th :rand Star-Telegram 2465u1sz5 NUMBERT C I T 5 7 AMOUNT 27. 09 1 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 27. 09 PLEASE PAY SOUTHLAKE TX 76092-8898 IHIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•PORT WORTH,TEXAS 76102 STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT DEC 07 6630595 CL . 358 1X56 L 56 . 38 21 . 28 ORDINANCE NO.480-B december 7 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, THE COMPREHENSIVE ZONING ORDINANCE OF ._. .. THE CITY OF SOUTHLAKE TEXAS, BY AMENDING SECTION 32,"S-P-2 GENER- ALIZED SITE PLAN DIS- TRICT"BY ALTERING AND CORRECTING CERTAIN PROCESSING REGULA- TIONS AND REVISING THE SITE PLAN REQUIRE- MENTS IN SUCH DISTRICT; BYAMENDINGSECTION 34, "ACCESSORY USES" BY ADDING AND AMENDING CERTAIN DEFINITIONS TO CLARIFY THE REGULA- i, / / TIONSCONTAINEDTHERE- J iu• RY AMENDING SEC- S I G N E ►� / (1.-1/ 4S "SPECIFIC usE ND SWORN 'TO' BEFORE ME , T I . 7t ► Y O�F�JD( R 1990 NNCE l E REGARDING I G�%""� i _HOLIC SALE A AL- NOTARY PUBLIC COHOLIC BEVERAGES; pppVVVV 7J/JJ)�t e l PROVIDING THAT THIS OR- DINANCE SHALL BE CUMU- LATIVE OF ALL ORDI- TARRANT COUNTY , TEXAS NANCES; PROVIDING A •�.� . SEVERABILITY CLAUSE• `-^' ++ • • PROVIDING A PENALTY FOR VIOLATIONS HEREOF PROVIDING A SAVINGS Ni DAWN K,MCDDNGUGN 01 AFFIDAVITS CLAUSE; PROVIDING FOR irg COMMISSION EXPIRES PUBLICATION IN PAM- PHLET FORM;PROVIDING •{t7 AUGUSTy 17, .991 FOR ENGROSSMENT AND qint ENROLLMENT; PROVID- ING ,v FOR PUBLICATION IN THE OFFICIAL NEWSPA- PER;AND PROVIDING AN I EFFECTIVE DATE. I. —PASSED AND APPROVED r k- THIS THE 4th day of Decem---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT bar,1990,in second reading. _ Mayor Gary Fickes ATTEST: Sandra L.LeGrand City Secretary REMIT TO : 400 W • SEVENTH , FW , TX 76102 Approved as to form: Wayne Olson "Ohttewor�h Star-Telegram1�yyy��Y��YYYyy hEhlI I i 0. `js I ••0.*36%39 MAXAX P(7K1'iNt7PITIT'166 76197 6630595 ACCOUNT CIT57 AMOUNT 21 . 28 NUMBER DUE ], 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 21 . 28 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL IivCH/LINE RATE AMOUNT NOV 2516624679 CL . 358 1X76 L 76 . 60 45 . 60 NOTICE OF november 25 PUBLIC HEARING NOTICE IS HEREBY given to all Interested parties that the CityCounciI of theCityof South- lake Texas,will be holding a public hearing on December 4, 1990 at 7:30 p.m., during the Regular City Council Meeting to be held in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake,Texas. Purposeofthehearingglstocon- sider thefollowingordinance In second reading: ORDINANCE NO.4804B AN ORDINANCE AMENDING ORDI- SIGNED ,tegthe PREHENS VEZON , ORDINANCE OF AND SWORN TO BEFORE ME , TH S T E 26th DAY F 90 E iTTEXA ,SOUTH- NOTARY UBLIC j rN�N AMENbING SECTION 32 �Z "SP2 GENERALIZED SITE PLANNED DIS- TRICT", BY ALTERING TARRANT COUNTY, TEXAS AND CORRECTING CERTAIN PROCESSING REGULATIONSGE SITETD ' h DAWNK,McA0N0UGH 01 AFFIDAVI `S REVISING THE PLAN REQUIRE- 'j MENTS;BY AMENDING v • COMMISSIOI4 EXPIRES SECTION 34"ACCESSO- RY ��� f DDIT ONAL OFFING 1,-...,.. L/ AUGUST 7. 1991 TIONS OF SUCH USES AND AMENDING CER- TAIN DEFINITIONS TO CLARIFYTHEREGULA- ( __ TIONS CONTAINED I TH IN SECTIONAM -END- -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -----.A CIF IC USE PERMIT'_'; — AY AMENDING THE NGUAGE CON- NEDL THEREIN TENT IT CONSISTENT REMIT TO : 400 W • SEVENTH , FW, TX 76102 STATUTOR fH CERTAINY STATE PROVIDING ' THAT TI-(IS ORDINANCE Star-Telegram1:77XXXX116XWWWWWWOOSOMMAX1(76197 SHALL BE CUMULA- TIVE OF ALL ORDI- NANCES;PROVIDING A SEVERABILITY ACCOUNT AMOUNT CLAUSE,PROVIDING FORT PIUBLII-- NUMBER C I T 57 DUE 45 . 60 CATION IN PAMPHLET FORM,. PROVIDING FOR NGROSSMENT PAGE 3421E I AND ENROLLMENT; PROVIDING FOR PUB- LICATION IN THE OFFI- PRN `OVIDIG AN EFFEC- TIVE DATE. City of Southlake Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY 45 • 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED