Item 7ASOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
MEMORANDUM
February 12, 2020
To: Planning and Zoning Commission
From: Ken Baker, AICP — Senior Director of Planning & Development Services
Subject: ZA20-0001, (Ordinance No. 480-BBBBB) amendment to Zoning Ordinance
No. 480, as amended, Section 37 "DT" Downtown District.
Action
Requested: Conduct a public hearing and consider 111 Reading approval of the
proposed Ordinance No. 480-BBBBB for Downtown Residences.
Background
Information: The purpose of this request is to amend Section 37 of the City's zoning
ordinance ("DT" Downtown District) to establish uses and regulations for
development of "Downtown Residences". Redline pages of the proposed
changes to the "DT" District are included in Attachment `A' of this report.
The applicant has reduced the proposed number of units from 350 to 270
since the Planning and Zoning Commission meeting on February 6, 2020.
The minimum floor area of each unit has been increased from 850 square
feet to 1,000 square feet and the minimum average floor area in any
building or phase has been increased from 1,000 square feet to 1,250
square feet. The changes since the Planning and Zoning Commission
meeting are shown in blue in the redline version of Section 37. Please see
the associated Zoning Change and Development Plan (ZA20-0002) for
more information on the proposed "Downtown Residences" and the
responses to the public hearing notification.
Citizen Input/
Board Review: A SPIN meeting was held January 28, 2020. Link to SPIN Report
P&Z Commission
Action: February 6, 2020; A motion to Deny the item was approved (6-0).
All members of the Planning and Zoning Commission voted to deny the
item based on the high density and scale of the project and the lack of
conformity with the 2035 Land Use Plan.
Attachments: (A) Ordinance Pages with Proposed Redline Changes
(B) Ord. No. 480-BBBBB
Link to Applicant's Narrative
Link to comDlete Ord. No. 480. Section 37 with redline chan
ZA20-0001 Page 1
Staff Contact: Ken Baker (817) 748-8067
Dennis Killough (817) 748-8072
ZA20-0001 Page 2
Amendment Proposals
red line/c4r
SECTION 37
"DT" DOWNTOWN DISTRICT
(As amended by Ordinance No. 480 -SS)
(As amended by Ordinance No. 480-UU)
(As amended by Ordinance No. 480-UUU)
(As amended by Ordinance No. 480-VVV)
(As amended by Ordinance No. 480-CCCC)
(As amended by Ordinance No. 480-0000)
(As amended by Ordinance No. 480-WWWW)
37.1 PURPOSE & INTENT
The purpose of the Downtown district is to encourage the creation of a pedestrian -
oriented, mixed-use urban environment, providing shopping, employment, housing, and
business and personal services. Downtown is intended to be the focal point of the
community. This is achieved by promoting an efficient, compact land use pattern;
encouraging pedestrian activity; reducing the reliance on private automobiles within the
district; promoting a functional and attractive community through the use of urban design
principles; and allowing developers flexibility in land use and site design.
The Downtown district is to be an area with a mixture of moderately intense uses that
are developed over an identifiable core. Buildings are close to and oriented toward the
street. There is a connected street pattern, shared parking, and pedestrian amenities. It
is the intention of this ordinance to include all C-3 uses that were attributed to the Town
Square NR -PUD (Ordinance 224) as of the date of adoption of this ordinance.
Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the
establishment of a 'Village Center - west' between S.H 114 and F.M 1709, east of Carroll
Avenue and west of Kimball Avenue. The appropriate geographic location for the
Downtown district shall be limited to the area known as Village Center —west.
The Downtown district implements the 1998 Land Use Plan, as amended, which
'encourages the development of a mixed-use town center that will create a focal point for
the community byway of its geographic location, standards for development and mix of
uses and services and identifies an appropriate location for "Town Center" land use
designation.
37.2 SCHEDULE OF USES
Uses within the Downtown district shall be in accordance with the following schedule of
uses.
P= Permitted (Development Standards apply)
SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply)
A = Permitted as an accessory use (Standards in Section 34 shall apply)
PDR = Permitted within the Downtown Residences Block (Development
Standards applW)
PGD = Permitted within the Garden District (Development Standards apply)
ZA20-0001 Attachment A
Page 1
Land Use Category
Use
Status
Educational, Public Administration, Health care and other Institutional Uses
■ Ambulatory and outpatient care services, including doctors, dentists,
chiropractors, optometrists, etc.
P
■ Business associations and professional membership organizations
P
■ Child day care and preschools
P
• CIVIC, SOCIAL, AND FRATERNAL ORGANIZATIONS
SUP
• FUNERAL HOMES, MORTUARIES, AND SERVICES
SUP
• HOSPITALS
SUP
■ Information services, including libraries and archives
P
■ Judicial functions - Courts
P
■ NURSING AND OTHER REHABILITATIVE SERVICES
P
■ Public Administration - legislative and executive functions
P
■ Public Safety facilities
P
■ RELIGIOUS INSTITUTIONS
P
Residential Uses
■ Downtown Residences
PDR
■ Full service hotels
P
■ Garden District Residences
PGD
■ Home Occupations in designated single-family residential structures
A
■ LiveANork units
SUP
■ Residential Lofts
SUP
■ Single-family residential detached dwelling unit
SUP
■ Single-family residential attached dwelling unit
SUP
Other Uses
■ Model homes for sales and promotion*
SUP
■ Parking, surface
P
■ Parking, structured
SUP
■ Sales from kiosks
SUP
37.3 DEFINITIONS
The following definitions shall apply to uses and category of uses listed in the Downtown
district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district
(Section 37) only. For terms not defined under this subsection, Section 4, Definitions
shall apply.
Model homes are limited to a time period until all the homes are sold in the neighborhood.
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ZA20-0001
Attachment A
Page 2
Court, open
An open court is a court opening onto a street, yard, alley, or private drive not less than
twelve feet (12) wide.
Court, width of
The minimum horizontal dimension substantially parallel with the open end of an open
court or the lesser horizontal dimension of a closed court; or in the case of a non-
rectangular court, the diameter of the largest circle that may be inscribed in a horizontal
plane within the court.
Downtown Residences
Downtown Residences are luxury residential units designed to commercial standards (with
high ceilings, open plans, and large windows.
Downtown Residences Block
The Downtown Residences Block is the area of Southlake Town Square bounded by North
Carroll Avenue to the west, Division Street to the north, State Street to the east, and
Federal Wav to the south.
Facilities support services
These establishments provide operating staff for support services within a client's facilities.
They typically provide a combination of services, such as janitorial, maintenance, trash
disposal, security, mail reception, and laundry services. They provide operating staff to
carry out these support activities, but are not involved with the core activities of the client.
Full Service Hotels
These establishments shall be defined as buildings with habitable rooms or suites which
are reserved for transient guests who rent the rooms or suites on a daily basis, and with:
(i) a minimum area of 300 square feet in each guestroom;
(ii) (a) a full service restaurant with full kitchen facilities providing service to the general
public; or (b) a kitchen on the premises in which meals are prepared by the
management; or a concessionaire of the management for room service delivery;
(iii) on-site staff required seven (7) days a week, twenty-four (24) hours per day; and
(iv) a minimum of one thousand (1,000) square feet of meeting or conference rooms.
Full-service restaurant
Full-service restaurants provide food services to patrons who order and are served (i.e.
waiter/waitress service) while seated indoors or outdoors and pay after eating. They may
provide this service in combination with selling alcoholic beverages, providing takeout
services, or presenting live non -theatrical entertainment.
Garden District
The Garden District is an area 'lying within the Brownstone district of Southlake Town
Square and bounded by Central Avenue to the west, Park Ridge Boulevard to the north
and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south
(as of January 31, 2011).
ZA20-0001 Attachment A
Page 3
2. Ali residential structures shall be designed and built to be compatible with
the architecture of the adjacent Brownstone residential district, use similar
materials (brick, cast stone, etc.), and in keeping with the Downtown District
Design Guidelines and the approved Site Plan.
3. All residential structures shall have all exterior walls constructed using a
masonry material covering at least eighty percent (80%) of said walls,
exclusive of windows, doors, roofs, glass construction materials, or
sidewalk or walk -way covers. "Masonry materials" shall be limited to those
that are similar to materials used in the construction of the Brownstones,
such as brick, stone, rock or other masonry materials of equal
characteristics.
M. Curvilinear Streets. The curvilinear street standards specified in the Subdivision
Ordinance shall not apply to residential development within the Downtown district.
n. Open Space. Residential development within the Downtown district shall be
exempt from the Open Space requirements specified within Ordinance 483 for
residential uses. However, open space in the Garden District shall be planned in
conjunction with the overall concept, development plan and/or site plan approved
by City Council.
o. Use Limitations on Residentially Designated Buildings. Non-residential uses
in Garden District residences shall be limited to home occupations only. Any
change in such use shall constitute a zoning map amendment and shall be
processed as such.
p. Design Guidelines. All Garden District residential development shall meet the
standards outlined for residential development in the Downtown District Design
Guidelines as amended and adopted by City Council.
q. Site Plan. Prior to issuance of a building permit, a site plan must be approved by
City Council following a recommendation by the Planning & Zoning Commission.
Said Site Plan must also be in compliance with the underlying Concept Plan for
the Garden District as approved by City Council. This site plan may only be
approved following a public hearing before the Planning & Zoning Commission and
the City Council in accordance with the notice and hearing requirements set forth
in Zoning Ordinance 480 as amended.
37.7 DEVELOPMENT REGULATIONS FOR DOWNTOWN RESIDENCES
The Downtown Residences are intended to provide appropriately scaled residential
buildings within Southlake Town Square. The Downtown Residences Block shall provide
a high degree of pedestrian connectivity to Town Square commercial districts, to increase
accessibility and patronage of neighboring Town Square businesses, and to enhance the
pedestrian character of Southlake Town Square.
All Downtown Residences shaft be exempt from the standards specified under Section 43
in lieu of the development standards set forth below. In addition to the Site Plan
requirements under Section 40, the following standards shall protect and encourage
Downtown Residences. The minimum standards as set forth below shall apply to all
Downtown Residences buildings.
411
ZA20-0001 Attachment A
Page 4
a. Height. No Downtown Residences residential buildinq or other principal structure
shall be less than twenty feet (20') in height, or except as provided below exceed
five (5) stories or sixty-five feet (65') in height:
(i) Buildings or portions of buildings fronting onto North Carroll Avenue shall
not exceed three (3) stories. or forty feet (40') in height.
1. The height shall be measured from the sidewalk or ground surface
elevation along the side of the building fronting onto a public right-of-way
to the top of the roof for flat roofs (not the parapet) and the mid -point for
sloped roofs, and not along the side(s) of the building facing onto interior
portions of the block.
2. For buildings whose adjoining sidewalk or ground surfaces slope an
average of 5% or more as measured alongportions of the building abutting
a public right-of-way, a maximum building height of seventy (70) feet
shall be permitted.
3. Architectural embellishments not intended for human occuoancv that are
integral to the architectural style of the building, including spires, belfries,
towers, cupolas, domes, and roof forms whose area in plan is no greater
than 25% of the first story plan area may exceed the height limits of this
section by up to the lesser of 50% over the permitted building height or
100% over the actual buildina height.—and shall be exempt from the
maximum elevation limitation of Section 37.7 (a).
4. Mechanical equipment, including, mechanical/elevator equipment
penthouse enclosures, ventilation equipment, antennas, chimneys,
exhaust stacks and flues, fire sprinkler tanks, and other similar
constructions may extend up to twenty (20) feet above the actual building
height, and provided the same shall be subject to approval at approval of
the applicable Site Plan unless: 1) they are setback from all exterior walls
a distance at least equal to the vertical dimension that such items(s)
extend(s) above the actual building height, or 2) the exteriorwall and visible
roof surfaces of such items that are set back less than their vertical
dimension above the actual building are to be constructed as architecturally
integral parts of the building facade(s) or as architectural embellishments
as described in Section 37.7 (a) 3 above.
b. Front. Side and Rear Yards. With the following exception, no front, side or rear
yard setback is required in the Downtown Residences Block. Notwithstanding the
foregoing, buildings along the east right-of-way of North Carroll Avenue shall
maintain a minimum thirty-two (32) foot setback: provided, however, in areas
where right-of-way is provided for acceleration or deceleration lanes, the minimum
required setback shall be reduced to twenty (20) feet. No service drives, parking
or other impervious surfaces with the exception of sidewalks/trails shall be located
in the setback area unless the buildings are setback a minimum of fifty (50) feet.
In no event shall the buffervard along North Carroll Avenue be less than twenty
20 feet.
C. Maximum Lot Coveracte. There shall be no maximum lot coverage.
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ZA20-0001
Attachment A
Page 5
d. Building Orientation: Any building (excluding parking garages and accessory
buildings) within one hundred fifty (150) feet of a public right-of-way shall either
face such right-of-way or shall have a facade facing such right-of-way compatible
with the character of the main building facades.
e. Desian Guidelines The property owner shall provide an exhibit as appropriate
with each site plan application showing that all development in the Downtown
Residences Block meets the standards outlined in the Downtown district Design
Guidelines, as amended and adopted by City Council. Nothing in this paragraph
shall require the retrofitting of an existing building.
f. Proiections into Required Setback or into a Right -of -Way: The following
protections shall be permitted into a required setback or landscape area or into a
public easement or right-of-way, provided that i) no prosection shall be permitted
into a public easement or right-of-way along North Carroll Avenue; ii) such
protections do not extend over the traveled portion of a roadway; iii) the property
owner has assumed liability related to such protections; and iv) the property owner
shall maintain such protections in a safe and non-inlurious manner:
1. Ordinary building projections, including but not limited to water tables, sills, belt
courses, pilasters, and cornices may project up to twelve (12) inches beyond a
building face or architectural prosection.
2. Roof eaves may project up to thirty-six (36) inches beyond the building face or
architectural prosection.
3. Architectural protections, including bays, towers, and oriels; show windows (1st
floor only); below grace vaults and areaways; and elements of a nature similar to
those listed; mayproject up to forty-eight (48) inches into a required yard or beyond
the building face.
4. No portion of an architectural protection described in Sections 37.7 (i) (1, 2, 3)
above less than eight (8) feet above the ground elevation may extend more than
forty-eight (48) inches into a required yard or beyond the building face.
5. Canopies and/or awnings may project from building face and may extend to, or be
located within eight (8) inches of the back of curb subject to the following during
development/site plan approval. If a canopy support is closer than two (2) feet from
the back of the curb, there shall (a) be no on- street parking or loading zones along
that stretch of canopy; or (b) be parallel parking along the curb; or (c) be angled
parking protected by wheel stops preventing vehicular overhang over the curb.
Ground- mounted supports, sublect to the above standard, may be approved as
part of development plan or site plan review, as determined by the City Council.
6. Below -grade footings approved in connection with building permits.
g. Floor Area. Each Downtown Residence shall contain a minimum of
#t-yone thousand 0591,000) square feet of gross floor area, and the average of
all Downtown Residences in any individual building or phase shall exceed one
thousand two hundred fifty (4-9991,250) square feet of gross floor area.
h. Location. Downtown Residences are limited to the Downtown Residences Block.
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ZA20-0001 Attachment A
Page 6
Residential Units Permitted. Not more than _59270 Downtown Residences shall
be permitted in the Downtown Residences Block.
i. Parking.
(i) One and three-quarters (1.75) off-street private parking spaces must be
provided for each Downtown Residence.
(ii) Visitor parking shall be provided at the rate of not less than one quarter
(0.25) surface lot parking space and/or allocated on- street parking space
for every Downtown Residence.
S. Buffering and Screening —The following standards for buffering and screening
shall apply to all non-residential and mixed use buildings in the Downtown
Residences Block:
Parkina lot lavout. landscapina. bufferina. and screenina shall minimize
direct views of parked vehicles from streets and sidewalks, and avoid spill-
over light, glare, noise, or exhaust fumes onto adjacent properties, in
Particular single-family residential properties. Parking lots exposed to view
from abutting single-family residential properties shall be surrounded by a
minimum of a 3 -foot hiah barrier in the form of berms. shrubs. walls. or a
combination thereof.
2. Transformers. HVAC eauipment (if located at the around level). lift stations
utility meters, and other machinery, as well as garbage collection points,
should be located at the rear lane, drive or alley. If such uses are visible
from any adjacent rights -of way or property, they shall be totally screened
by a fence or suitable plant or other visual barrier of an appropriate height
oras proposed and approved in a development/site plan. Trash dumpsters
shall have a metal door which shall remain closed at all times.
3. Off-street loading areas shall be adequately screened from view of any
adjacent single-family residential use.
4. Outside storage standards in Section 39.5 (Screening and Fencing) shall
apply to all areas of primary and ancillary outdoor storage uses in the
Downtown district, with the exception of related uses specifically authorized
in this section.
t. Above Grade Structured Parking — Parking structures shall be permitted in the
Downtown Residences Block. The following standards shall apply to above grade
structured parkina facilities:
ZA20-0001
Anv visible elevations of any parkina structure from adiacent street R -O -Ws shall
have a solid parapet wall of not less than forty-six (46) inches and shall utilize
colors consistent with the surrounding principle buildings. All parking structures
shall be designed in compliance with the Downtown District Design Guidelines,
as amended.
2. If not abutting a right-of-way, above grade structured parking facilities shall
23
Attachment A
Page 7
be provided with adequate access from public rights) -of -way via
drive(s) and/or access easements.
3. Entries and exits to and from parking structures shall be clearly marked for
both vehicles and pedestrians by materials, lighting, signage, etc., to
ensure pedestrian safety on sidewalks.
U. Building Limitations.
1. All residential structures (including garages) are required to be sprinklered:
provided that a series of attached structures may be combined and treated
as a single structure.
2. All residential structures shall be designed and built in keeping with the
Downtown District Design Guidelines and the approved Site Plan.
3. All residential structures shall have all exterior walls constructed usina a
masonry material covering at least eighty percent (80%) of said walls,
exclusive of windows, doors, roofs, plass construction materials, or
sidewalk or walk -way covers. "Masonry materials" shall mean and include
brick, stone, rock or other masonry materials of equal characteristics in
keeping with the Downtown District Design Guidelines.
V. Open Space. Residential development within the Downtown Residences Block
shall be exempt from the Open Space requirements specified within Ordinance
483 for residential uses. However. open space in the Downtown Residences Block
shall be planned in conjunction with the overall Concept, Development Plan and/or
Site Plan approved by City Council.
W. Interior Landscape Areas and Streetscape Treatments — Saecific reauirements
for interior landscape areas and streetscape treatments shall be proposed by the
developer at the time of development plan or site plan review. They shall be
reviewed by the City's Landscape Administrator at the time of development plan
or site plan review for conformity with the Downtown District Design Guidelines, as
amended, to create an attractive, pedestrian -friendly district. Any landscaping in a
surface parking lot approved in connection with development plan or site plan
approval for such lot, which is taken out in connection with the later construction
of a parking structure, shall be relocated or replaced.
X. Use Limitations on Residentially Designated Buildings. Non-residential uses
in Downtown Residences shall be limited to home occupations only. Any change
in such use shall constitute a zoning map amendment and shall be processed as
such.
V. Design Guidelines. All Downtown Residences Block residential development
shall meet the standards outlined for residential development in the Downtown
District Design Guidelines as amended and adopted by Cb Council.
Z. Site Plan. Prior to issuance of a building permit. a Site Plan must be approved by
City Council following a recommendation by the Planning & Zoning Commission.
Said Site Plan must also be in compliance with the underlying Concept Plan and/or
Development elan for the Downtown Residence District as approved by City
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ZA20-0001
Attachment A
Page 8
Council. This Site Plan may only be approved following a public hearing before the
Planning & Zoning Commission and the City Council in accordance with the notice
and hearing requirements set forth in Zoning Ordinance 480 as amended.
47-.-'�37.8 APPLICATION AND DEVELOPMENT REVIEW PROCESS
Applications requesting a rezoning to the Downtown district shall be submitted with a
Concept Plan as specified under Section 41 (for proposals encompassing more than 100
acres in land area) or a Development Plan as specified under Section 40 (for proposals
encompassing less than 100 acres is land area). An application for a rezoning to the
Downtown district shall result in a contiguous boundary of the Downtown district of no
more than 165 acres and no less than 100 acres within the entire city. The Planning &
Zoning Commission shall make a recommendation on the rezoning request and the City
Council may approve any such proposal, together with any conditions, requirements or
limitations thereon which the Planning & Zoning Commission or City Council deems
appropriate and is agreed to by the applicant. No minimum area shall be required for the
submission of a development plan application.
a) Development Plan
An application for rezoning to the Downtown district shall include and be
accompanied by a development plan (for proposals less than 100 acres)
Changes in the development plan shall be considered the same as changes
in the Official Zoning Map. The proposed development plan shall be
processed as required except that changes of detail which do not alter the
basic relationship of the proposed development to adjacent property and
which meet the conditions set forth in Section 40.6 of this ordinance, may be
approved by the Administrative Official.
2. The Development Plan may, in some cases, be a two-phase document. The
first phase shall illustrate and contain the applicant's request and suggestion
for the use, configuration of buildings, parking, etc., and the second phase
shall illustrate the development plan showing the suggestions and
recommendations of the Planning and Zoning Commission after review of
Phase One. In addition to the requirements set forth in Section 40.3 of this
ordinance, the development plan shall provide as much detail as possible
including, but not necessarily limited to:
A scale drawing showing any proposed public or private streets and
alleys; building site, or building lots; any areas proposed for dedication,
or reserved as parks, parkways, playgrounds, utility and garbage
easements, school sites, public buildings, street widening, street
changes; and the points of ingress and egress from existing public
streets on an accurate survey of the boundary of the tract.
For buildings more than one (1) story in height, elevations and/or
perspective drawings may be required in order that the relationship of
the buildings to adjacent property, open spaces and to other features
of the development plan may be determined. Such drawings need only
indicate the height, number of floors and exposures for access, light
and air.
25
ZA20-0001
Attachment A
Page 9
ORDINANCE NO. 480-BBBBB
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTION 37 "DT" DOWNTOWN
DISTRICT TO ESTABLISH USES AND REGULATIONS FOR
DEVELOPMENT OF "DOWNTOWN RESIDENCES"; 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
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 37 is hereby amended as follows:
ZA20-0001 Attachment B
Page 1
Reserved for approved ordinance
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 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
ZA20-0001 Attachment B
Page 2
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 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.
ZA20-0001 Attachment B
Page 3
PASSED AND APPROVED on the 1st reading the
MAYOR
i►_111111111*15
day of , 2020.
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2020.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
ZA20-0001
Attachment B
Page 4