Item 6C
Ord. No. 480-YYYY Page 1
M E M O R A N D U M
January 29, 2019
To: Shana Yelverton, City Manager
From: Ken Baker, AICP – Senior Director of Planning & Development Services
Subject: Ordinance No. 480-YYYY, Proposed Amendments to the City of
Southlake Zoning Ordinance No. 480, as amended
Action
Requested: Conduct a Public Hearing and Consider 2nd reading approval of the
proposed Ordinance No. 480-YYYY.
Background
Information: The purpose of this request is to add a provision for accessory building
setback reductions in the Zoning Ordinance to allow the Zoning Board of
Adjustment to address relief through a Special Exception Use, rather than
through a variance.
All previously proposed provisions have been removed to address the
conditions of the 1st reading approval.
Citizen Input/
Board Review: A SPIN meeting was held on December 11, 2018. Link to SPIN Report
P & Z Action: January 3, 2019; Approved as presented (7-0).
CITY COUNCIL
ACTION: January 15, 2019; Approved 1st reading (7-0) on consent, approving only
Ordinance No. 480, Section 44.12.6, as presented, tabling all other
provisions to a later date to be determined after a work session
discussion.
Legal Review: This item is under review by the City Attorney.
Attachments: (A) Full Redline Changes
(B) Ordinance No. 480-YYYY
(C) Link to Presentation
(D) Link to SPIN Report
Staff Contact: Ken Baker (817) 748-8067
Ord. No. 480-YYYY Attachment A
Page 1
Amendment Proposals
Ordinance No. 480, Section 44.12
6. Reduction in the required setback from property lines for a residential accessory building or
structure. Permitted in AG, MF-1, SF-1A, SF-1B, SF-2, RE-5, RE-7, SF-30, SF-20A, SF-
20B, MH, R-PUD, TZD, ECZ PLOT PLAN, ELEVATIONS, AND RENDERINGS
REQUIRED.
Ord. No. 480-YYYY Attachment B
Page 1
ORDINANCE NO. 480-YYYY
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTION 44 (BOARD OF
ADJUSTMENT), TO PROVIDE FLEXIBILITY FOR RESIDENTIAL
ACCESSORY BUILDING SETBACKS; 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 Planning and Zoning Commission and City Council have 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
Ord. No. 480-YYYY Attachment B
Page 2
Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance, Section 44.12 SPECIAL EXCEPTIONS USE POWERS is hereby amended by
adding the following Special Exception Use:
SPECIAL EXCEPTION USE District Where
Permitted 6. Reduction in the required setback from property lines for a residential
accessory building or structure.
AG, MF-1, SF-1A,
SF-1B, SF-2, RE-
5, RE-7, SF-30,
SF-20A, SF-20B,
MH, R-PUD, TZD,
ECZ. PLOT
PLAN,
ELEVATIONS,
AND
RENDERINGS
REQUIRED
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, 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
Ord. No. 480-YYYY Attachment B
Page 3
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.
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 post the proposed
ordinance in its entirety on the City website together with a notice setting out the time
Ord. No. 480-YYYY Attachment B
Page 4
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 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 15th day of January, 2019.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of ________, 2019.
____________________________
MAYOR
ATTEST:
____________________________
Ord. No. 480-YYYY Attachment B
Page 5
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY