Item 6B - 480-EEEEE19
SOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
MEMORANDUM
June 8, 2021
To: Shana Yelverton, City Manager
From: Ken Baker, AICP — Senior Director of Planning & Development Services
Subject: Ordinance No. 480-EEEEE amendments to the City of Southlake
Zoning Ordinance No. 480, as amended, pertaining to written
notice of public hearings.
Action
Requested: City Council conduct a public hearing and consider 2nd reading approval
of the proposed Ordinance No. 480-EEEEE.
Background
Information: On January 5 and on January 21, 2021, staff presented an overview of a
proposed Public Hearing Notification Process Improvement effort to the
City Council and Planning and Zoning Commission, respectively. The New
process will reduce staff time, cost, and provide more informative up to date
information to the most impacted property owners in the proximity of a
zoning change and other zoning or development proposals coming before
the City. State Law, under Chapter 211 of the Local Government Code,
requires that a City having a Planning and Zoning Commission provide
written notification of a public hearing on a change to a district boundary,
be given to all property owners within 200 feet of the proposed change. The
City's requirements follow the State Law, but additionally requires that all
owners within the platted subdivision of the subject property also be given
notice. This additional notification often results in tripling the number of
notifications being sent. In many cases, this additional area of notification
does not provide notice to some that may be more impacted by the
proposal than others. For instance, a property owner 600 feet away from a
proposed change may receive notice, but an owner 225 feet away may not.
As part of the notification improvement effort, the City is proposing an
amendment to the Zoning Ordinance No. 480, as amended, changing the
area of notification from 200 feet to 300 feet and eliminating the
requirement of notification to all owners within the same platted subdivision.
Citizen Input/
Board Review: A presentation of the proposal was given to City Council during their Work
Session on January 5, 2021 and to the Planning and Zoning Commission
during their Work Session on January 21, 2021.
The proposal was presented to SPIN on May 25, 2021.
Ord. 480-EEEEE Page 1
Planning & Zoning
Commission:
City Council
Attachments:
Staff Contact:
May 20, 2021; Approved (5-0).
June 1, 2021; 1 It
Reading, approved (7-0) as written on consent.
(A) Pages with Redline Changes
(B) Ord. No. 480-EEEEE
(C) Link to Presentation
Ken Baker (817) 748-8067
Dennis Killough (817) 748-8072
Ord. 480-EEEEE Page 2
Attachment A
Amendment Proposals
red line/st
46.3 REVIEW PROCEDURES
a. Before taking action on any proposed amendment, supplement, or change, the City Council
shall submit the same to the Planning and Zoning Commission for its recommendation and
report. The Planning and Zoning Commission, shall hold a public hearing on any
application for any amendment, supplement, or change prior to making its recommendation
and report to the City Council. Written notice of all public hearings before the Planning and
Zoning Commission, on a proposed amendment, supplement, or change to a district
boundary shall be sent to all owners or persons rendering taxes on real property lying within
tWG hi R drerd (` 00) three -hundred (300) feet of the property for which the change is
requested, and nw+riGe shall be cent to all property GWRerc Within a platted s bdiVicinn of
the property OR queen,,. Such notice shall be given not less than ten (10) days before the
date set for hearing by depositing a notice properly addressed and postage paid in the
United States Post Office to such property owners as their ownership appears on the last
approved City tax roll.
480-EEEEE Attachment A
Page 1
ORDINANCE NO. 480-EEEEE
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; PERTAINING TO WRITTEN NOTICE OF PUBLIC HEARINGS;
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:
480-EEEEE Attachment B
SECTION 1
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance Section 46.3.a, is hereby amended to read as follows:
Before taking action on any proposed amendment, supplement, or change, the City Council
shall submit the same to the Planning and Zoning Commission for its recommendation and
report. The Planning and Zoning Commission, shall hold a public hearing on any application
for any amendment, supplement, or change prior to making its recommendation and report to
the City Council. Written notice of all public hearings before the Planning and Zoning
Commission, on a proposed amendment, supplement, or change to a district boundary shall
be sent to all owners or persons rendering taxes on real property lying within three -hundred
(300) feet of the property for which the change is requested. Such notice shall be given not
less than ten (10) days before the date set for hearing by depositing a notice properly
addressed and postage paid in the United States Post Office to such property owners as their
ownership appears on the last approved City tax roll.
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.
480-EEEEE Attachment B
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 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
480-EEEEE Attachment B
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.
480-EEEEE Attachment B
PASSED AND APPROVED on the 1st reading the 1st day of June 2021.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 15t" day of June 2021.
1/Gv eC
ATTEST:
CITY SECRETARY
/_1»:Zo]T/21O7_1<2to] 19A V►TA I_1►1911xe7_1IIW,I
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
480-EEEEE Attachment B