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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