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480-ZORDINANCE NO. 480-Z AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; DELETING GASOLINE SERVICE STATIONS AS PERMITTED USES AND SPECIFIC USES FROM CERTAIN DISTRICTS; AMENDING THE SPECIFIC USE PERMITS SECTION BY ADDING GASOLINE SERVICE STATIONS AND RELATED ANCILLARY USES; ADDING CERTAIN REGULATIONS FOR GASOLINE SERVICE STATIONS; 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 interests 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: L:\CTYDOCS\ORD\DRAFT\ZONING\48OZ-4.ORD SECTION 1. The following subsections of Ordinance No. 480, as amended, shall hereby be amended by deleting them in their entirety: Section 20.2 (5), Permitted Uses, "C -1" Neighborhood Commercial District; Section 21.2 (21), Permitted Uses, "C -2" Local Retail Commercial District, Section 34 (t), Accessory Use in "C -1" Neighborhood Commercial District; and Section 45.1 (15), "Specific Use Permits" and the following portion of Subsection 21.5 (f), Floor Area, "C -2" Local Retail Commercial District Development Regulations: "Excepted from the minimum floor area requirements of this provision are small grocery or convenience stores, and car washing structures, that operate in conjunction with filling stations. The minimum size of a separate building housing such a store or car wash facility shall be five hundred (500) square feet. It is envisioned that such stores will be surrounded by a larger canopy covering for the gasoline pumps, and that the total area under roof shall be more than two thousand (2,000) square feet." SECTION 2. Section 45.1 (40), "Specific Use Permits "of Ordinance No. 480, as amended, is hereby added to read as follows: "40. Gasoline service station when operated with or C -3 without convenience store, car wash, and other related ancillary uses, subject to the require - ments set forth in Section 45.10 of this ordinance. SECTION 3. Section 45. 10, "SPECIFIC REQUIREMENTS FOR GASOLINE SERVICE STATIONS WHEN OPERATED WITH OR WITHOUT CONVENIENCE STORES, CAR WASHES, AND OTHER RELATED ANCILLARY USES," of Ordinance No. 480, as amended, is hereby added to read as follows: In addition to the Corridor Overlay Zone regulations and the underlying zoning district L:\CTYDOCS\ORD\DRAFT\ZONrNG\48OZ-4.ORD regulations, gasoline service stations /filling stations (with or without a convenience store, car wash and other related ancillary uses) shall meet the following requirements prior to issuance of a building permit: (In the event that there are conflicting requirements, the more stringent regulations shall apply.) General Criteria • All gasoline service stations on the F.M. 1709 corridor shall be located at signalized arterial intersections as defined in the city's Master Thoroughfare Plan. This requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading. • All gasoline service stations on the S.H. 114 and F.M. 1938 corridors may be located at either intersections or mid - block. Development Regulations Residential Gasoline pumps, pump islands, canopies, or car washes, where adjacent Adjacency: to property zoned as single - family residential or designated as low or medium density residential on the city's land use plan, shall maintain a minimum setback of at least one hundred twenty -five (125') feet. The hours of any carwash operation may be limited when located adjacent to residentially -zoned property. No dumpster shall be placed within 50' of residentially zoned property or designated as low or medium density residential on the city's land use plan. Lot Area: The minimum area of a lot shall be forty thousand (40,000) square feet, but the Planning and Zoning Commission may recommend and the City Council may require additional lot area to ensure proper internal traffic circulation and appropriate stacking on site. Building Gabledor Hipped Roof All service station convenience stores, pump Design: canopies and car washes shall be constructed with a gabled or hipped roof with a minimum pitch of 4:12. Articulation Service station convenience stores shall meet the articulation requirements of the Corridor Overlay Zone. Pump canopies and freestanding car washes shall be exempted from the articulation requirement. Building Materials All exterior facades of the convenience store, canopy columns, and car wash shall be constructed of the same material. Floor Area The minimum floor area of a convenience store shall be 2,000 square feet with each lease space within the convenience store building being a minimum of 500 square feet. Each freestanding car wash or other ancillary L: \CTYDOC S \ORD\DRAFr,ZONING \480Z -4.ORD a minimum of 500 square feet. Each freestanding car wash or other ancillary building shall have a minimum floor area of 500 square feet. Site Design: Lighting A system to light the area of the gas pumps shall be provided. Such lighting shall be designated to light the pump area adequately without becoming an unnecessary nuisance to traffic or to owners of nearby property. Outside Display of Goods Outside display of goods shall be prohibited. Landscaping Where parking is provided between the building setback line and any public R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at a minimum spacing of thirty inches (30 ") on center continuous along all paved edges of the parking or driving areas. SECTION 4. Section 35.6 (b)(5)(d): "Off- Street Parking, Personal Service and Retail Uses;" of Ordinance No. 480, as amended, shall hereby be amended to read as follows: "Gasoline Service Stations: - without a convenience store: Minimum of 6 spaces; - with a convenience store: Minimum of 1 space for each 200 s.f. of floor area; - with convenience store and sit down dining area: Minimum of 1 space for each 200 s.f. of retail floor area + the greater of 1 space per each 3 seats under the maximum seating arrangement or 1 space per each 100 square feet of floor area devoted to dining; with convenience store and drive - through restaurant (or other service window): Minimum of 1 space for each 200 s.f. of floor area + 3 stacking spaces per service window. with a self - service car wash is added to any of the above combinations, a minimum of 3 stacking spaces shall be provided. Each stacking space on the site shall be nine feet by twenty -two feet (9' x 22'), shall be located in a sequential arrangement to the service area, and shall not be on any street rights -of -way or common access easement, any necessary maneuvering area for parking spaces, within the general traffic circulation pattern of a parking lot, or in a designated fire lane. 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 L:\ CTYDOCS \ORD\DRAFT\ZOMNG \480Z -4.ORD 4 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 L:\ CTYDOCS \ORD\DRMTZONWG\480Z -4.ORD S 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 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 FIRST READING ON THIS � DAY OF ,1997. PW MIA %i ATTEST: CITY SECRETARY L:\ CTYDOCS \ORD\DRAFr1ZONMG \480Z -4.ORD C) PASSED AND APPROVED ON SECOND READING ON THIS Iq DAY OF ,1997. MA OR ATTEST: ♦� /i .Y, / CITY SECRETARY EFFECTIVE: 0� 1 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\ CTYDOCS \ORD\DRAFT\ZONING \480Z -4.ORD FED. I D. NO. 22-3148254 Star-Telegrani. AD ORDER NO. 11562825 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 STATE OF TEXAS Illy of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 8/22ME 11562825 ORDINANCE NO . 48 I358 1x 60L 60 . 79 47 . 40 ORDINANCE NO.480-2 0 8/2 2-0t1-4f2 f AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OFS _..... ..___._. OTGA SECELEING SOLNE SERVICESTATIONS AS PERMITTED USES AND SPECIFIC USES AMENDING T THED SPECIFIC USE PERMITS SECTION BY ADDING GASOLINE SERVICE STATIONS AND RELATED ANCILLARY USES; ADDING CERTAIN REGULATIONS FOR GASOLINE SERVICE STATIONS; PROVIDING SHALL BE ICUMUULRA7 VENOF ALL ORDINANCES, PROVID- ING A SEVERABILITY — gliEUSE; PROVIDING FOR A AL TY FOR VIOLATIONS SI OF PROVIDING A SAV- J PUBLICA TIONRINVIPA FOR PUBLICATIONPROVIDING OFFICIAL NEWSPAPER;AND SW T 0 ME THIS THE 27th DAY OF AUGUST 19 PROVIDING I AN EFFECTIVE ?Lie,--)?..)--) DATE. SECTION 7. 2`P `e.�y RHONDA R. GOKELi3 I Any person, firm or Corpora- - ^¢ Notary Public tion who violates, disobeys, ri•1 •; COMMISSION omits, neglects or refuses 'N �, yOM'_mIS�ION EXPIRES to comply with or who re- h"'. - �^ sists the enforcement of any '/iF•.•••••tiE±- SEPT EMBER 8, 1999 of the provisions of this ord '`�„°: TARRANT COUNTY,TEXAS nance shall be fined not Dollarsore tha�$2,000.00)us for each offense.Each day that e violation is permitted to ex- ist shall constitute a sepa- IS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! rate offense. PASSED AND APPROVED ON 2ND READINGDAOF TAUGUST k- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j LAR7CITY COUNCIL MEET- ING. /VRiATTE k Stacy,Mayor ATTTEST: /s/Sandra L.LeGrand, ( City Secretary APPROVED AS TO FORM: ` Cf�Attorne aylor,Jr., gran. � REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 11562825 NUMBER CIT57 DUE 47 . 40 PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CI alCITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY1 SOUTHLAKE , TX 76092-9595 THIS AMOUNT 47 . 40 PLEASE WRITE IN AMOUNT ENCLOSED StarTe1egranu1 FED. I.D. NO. 22-3148254 AD ORDER NO. 11483598 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C ITS? STATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 8/08ME 11483598 NOTICE OF PUBLIC I358 1x 63L 63 . 79 49 . 77 NOTICE OF 08/08-08/G8 PUBLIC HEARING Notice is hereby given to all interested person that the _ City Council of the City of Southlake, will be holding during the Regular City Council meeting to be held on August 19,1997 at 6:00 p.m., in the City Council Chambers of City Hall 667 North Carroll Avenue,South- lake,Texas. Purpose of the hearing is con- ' sider the second reading of the following ordinance. ORDINANCE NO.480-Z AN ORDINANCE AMENDING ORDNANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF' OUTHLAKE, TEXAS DE 41TING GASOLINE SERVICE' ES ANDSPECIPERMITTED' C USES SIG D OM CERTAIN DISTRICTS' MENDING THE SPECIFIGI c USE PERMITS SECTION BY 21St AUGUST 1997 ADDINONG SA AND ERELATICES .N TO BEFORE MIS THE DAY OF STATIANCILLARY USES; ADDING CERTAIN REGULATIONS \ �{ 1 FOR GASOLINE SERVICE' ,:r,iNQ R. GQKE IN"�A<1 Imo/ . STATIONS; PROVIDING NotaryPublic 6-e-f0-t.. THAT THIS ORDINANCE f COMMISSION EXPIRES SHALL BE CUMULATIVE OF ING ORDINANCES,'CUA MULATIVE OF Y 1i+ SEPTEMBER Er 1999 CLAUSE; PROVIDING FOR A t�"1 TARRANT COUNTY,TEXAS PENALTY FOR VIOLATIONS HEREOF' PROVIDING A SAV- INGS CLAUSE' PROVIDING FOR PUBLICATION IN THE D PROVIDINGNEANPEFFECTIVEE', ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DATE. Section 7.Any person,firm or corporation who violates,.-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-tea disobeys,omits,neglects or• — refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall he fined riot 'race ?liar.. Two Thou- sand Dollars (52 000.00) for each offense. Each day that a violation is permitted to exisi shall constitute a sepparate offense. ram REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CiS ySSecretary eGrand, City of Southlake _ ACCOUNTAMOUNT 11483598 NUMBERCIT57 DUE 49 . 77 PAGE 1 orb IF ANY QUESTIONS, PLEASE CALL(817)390-7885 SCITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 49 . 77 .] PLEASE WRITE IN AMOUNT ENCLOSED