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480-RORDINANCE NO. 480-R AN ORDINANCE AMENDING ORDINANCE NO. 480, AS A1VIENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING FULL SERVICE CAR WASHES AS A SPECIFIC USE PERMIT IN THE "C-3" COMMERCIAL ZONING DISTRICT; PROVIDING REGULATIONS AND RESTRICTIONS THEREFOR; 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 VOIEREAS, the city council adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance of the city; and WHEREAS, the city council has determined that Ordinance No. 480, as amended, should be amended to provide specific regulations applicable to the location and use of full service car washes in the city; and WHEREAS, the planning and zoning commission and the city council have published notice and held public hearings with respect to the amendment of the Comprehensive Zoning Ordinance as required by law. f:\liles~muni\slake\ordinanc\caImash.480 (R) (04-19-95) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Sections 45.1 of Ordinance No. 480, as amended, is hereby amended by adding the following Specific Use thereto: "SPECIFIC USES Full Service car washes, subject to the follo3ving conditions: a. Sanitary sewer service must be available to the site; b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking space must be provided for each two hundred (200) square feet of total floor area of all buildings with two thirds (2/3) of the minimum spaces being tandem spaces for cars awaiting washing or vacuuming. d. The wash bay and vacuum/gasoline pump areas must be forty- five (45) degrees off parallel to the adjoining thoroughfare. DISTRICT WHERE PERMITI'ED C-3 SITE PLAN REQUIRED f:\files\rnuni\slake~ordinanc\cai~vash.480 (R) (04-19-95) SECTION 2. 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 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, sente_nce, 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 ordifiance, 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. 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. f:\liles\muni\slake\ordinanc\carwash.480 (R) (044%95) SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public bearing thereon at least ten (10) days before the second reading of this ordir[ance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture fq)r any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. f:\file~$\muni~slake\ordinanc\carwash.480 (R) (04 19 95) 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 FIRST READING ON THIS , 1995. .~,~m~MAYOR '~,~,~,*'~"* ITY SECRETARY DAY OF PASSED AND APPROVED ON SECOND READING ON THIS 'I~FFECTIVE: DAY OF ,/~;¢'~1995' ~,~"~ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City~tt~ ~~) ~'' f:~files\muni~slake\ordinanc~carwash.480 (14.) (04-19-95) Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 Tur STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA 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 I AD INVOICE NO DESCRIPTION AD SIZE TOTALNCH/LINE RATE AMOUNT APR 21 3167242 'CL . 358 1X64 L 64 . 55 ' 35 . 20 apr P1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that the City Coun- cil of the City of Southlake, Texas,will be holding a public hearing during the Regular CIty Council meeting to be heldonMav 2 1995,beginning at 7:00 p.m.the meeting will I be held In the City Council ,Chambers of City Hall, 667North Carroll Avenue,South • - lake, Texas. The purpose of i thepublichearIngisfoconsid- er the following ordinance: ORDINANCE NO.480-R _... _. _...... -- -- _.... .. AN ORDINANCE AMEND- ING ORDINANCE NO. 480, , PREHENSDIVELONINGOMR- SIGNED (�� BSCRIBED AND SWO fOUTHLAKETTEXASYAU- ME, TH TEE 25TH }AY OF APRIL, 1995 HORIZING FULL SER- yyyyICE CAR WASHES AS A PECIFICUSEPERMITIN NOTARY PUBLIC . HE "C-3 COMMERCIALilkyle4 �' ONING DISTRICT; PRO- na44etaly IDING REGULATIONS l AND RESTRICTIONS TARR T COUNTY, TEXAS THEREFORE PROVID- ING THAT THIS ORDI- _._ _.___... __ _..�_..._....._... i NANCE SHALL BE CUMU- ;C. iez 0,/ORDIINANCES PRO OF V D .2ING A SEVEI2ABILITY -p5 ;:r1 CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA- _ '."'. TIONS HEREOF- PROVID- -.1 1,�yPRO VIDINGNFORCPURLI- CATION IN PAMPHLET --'-- CITY SEC-ETAil' FORM; PROVIDING FOR 1'�i FORMCAION IN THE OF- ''F ICIAL NEWSPAPER;AND PROVIDING AN EFEC- TIVE DATE. TEAR ALOP Any per sSorE firlgorcorppoora- AND RETURN THE LOWER PORTION WITH YOUR PAYMENT— - — lion who violates, dIc ys, omits neglects or refuses to comply with or who resi sts the enforcement of any of the pro- visions of this ordinance shall REMIT TO : 400 W . SEVENTH , FW , TX 76102 be fined not more than Two Thousand Dollars($2,000.00) for each offense. Each day Fort Wor t h Stll that a violation is permittedto exist shall constitute a sepa- i ram P.EW.IT"C0: 'a. X.X.X3X)X QDQ�(I XXXXXIXI Q. �( '01-2051 rate offense. City of Southlake,Texas Sandra L.LeGrand 3167242 City Secretary ACCOUNT AMOUNT •� NUMBER CIT57 DUE 35 . 20 PAGE OF 1 CITY OF SOUTHLAKE 667 N CARROLL AVE 35. 20 PLEASE PAY SOUTHLAKE TX 76092-9595 THIS AMOUNT ► ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TNr STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA 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 : DA i E AD INVOICE NO. DESCRIPTION AD SIZ E IdGH A E RATE AMOUNT MAY 05 3176653 'CL• 358 1X52 L 52 . 55 28 . 60 may 5 ORDINANCE NO.480-R AN ORDINANCE AMEND- ING ORDINANCE NO. 480, P AMENDED,THE ZOINR- DINANCE OF THE CITY OF SOUTHLAKE, TEXAS AU- THOR!ZING FULL SER- VICE CAR WASHES AS A SPECIFIC USE PERMIT IN C 3 COMMERCIAL ZONING DISTRICT; PRO- VIDING REGULATIONS - - --AND RESTRICTIONS THEREFOR; PROVIDING THAT THIS ORDINANCE _.-.. ..-.. ........ SHALL BE CUMULATIVE -__ _._. _._.. ..........._... . .......... ...._._ OF ALL ORDINANCES; ......._.._... .,.._.-_... .....-. ......... PROVIDING A SEVERA- A CLAUSEPROVID- INGOR10 SIGNS ter A PENALTY FOR VIO- LATIONS HEREOF- ----- PROVIDING A SAVINGS i �s ` - •BCE ) . t , au CLAUSE PROVIDING FOR . ME , TM THE 9'n-H Y, -995 PUBLICATION IN THE OF- FICIAL NOTARY PUBLIC NEWSPAPER ANDS Mom„ /^^^,� PROVIDING AN EFFEC- TIVE urfl(/V 041 _._ _._ _._ .......... DATE. SECTION 4- Any person,firm or c ration who violates,disobeys, TARR NT COUNTY , TEXAS eys, comps s refuses to _--" - -- ------ comp(yw withor thorwhoresisisihe "— enforcement of any of the pro- visions of this ordinance shall nandez be fined not more than Two Thousand Dollars($2,000.00)for each f on fense. Each a h day L vio is to exist shall constitute a sepa- 1998 OFFIC _._� PASSED AND E ...... PASrate SED AND APPROVED ----_. Cl. BY THE CITY COUNCIL OF . I S,�C` TA ,Y .,o4ti�OFIcF THIS THE 2ND DAY Gary Flckes, Mayor of Southlake TEAR ' Pttysrefary L. LeGrand, N AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----„, Approved as to form:E.Allen Taylor Jr.,City Attorney REMIT TO : 400 W . SEVENTH , FW, TX 76102 F:E.�1.�•� 70: :•• R•KX3XI ONXXQX QFXD, Xxx)1-2051� FortthStar-Telegram ACCOUNT NUMBER C I T 5 7 AMOUNT DUE 28 . 60 1 1 PAGE OF CITY OF SOUTHLAKE 667 N CARROLL AVE 28 . 60 SOUTHLAKE TX 76092-9595 PLEASE PAY THIS AMOUNT , ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED