Item 6H - Staff ReportItem 6H
Als%SOUTHLAK
PLANNING & DEVELOPMENT
SERVICES
MEMORANDUM
August 25, 2025
To: City Council
From: Dennis Killough, AICP —Director of Planning & Development Services
Subject: ZA25-0050, Ordinance No. 480-HHHHH, amendments to the City of
Southlake Zoning Ordinance No. 480, as amended, Section 46 —
"Amendments to the Zoning Ordinance"
Action
Requested: Conduct a Public Hearing and consider 2nd Reading approval of the
proposed Ordinance No. 480-HHHHH.
Background
Information: The purpose of this item is to amend the City of Southlake Zoning
Ordinance, No. 480, as amended, to update the review procedures for
zoning ordinance amendments to align with Senate Bill 929 of the 88th
Legislative Session and House Bill 24 of the 89th Legislative Session.
In brief, the amendment addresses the following:
• Nonconforming Use Notification (SB 929)
Incorporates the requirement for written notice when a proposed
zoning change may result in a nonconforming use. Notice of all
hearings must be sent to both the property owner and each
occupant of the affected property no later than the 10th day before
the Planning and Zoning Commission public hearing.
• City Council Public Hearing Website Posting (HB 24)
Includes language that City Council public hearing notices for
zoning changes are posted on the city's website.
• Public Hearing Sign Requirements (HB 24)
Updates the required size and placement timeline for zoning public
hearing signs. Signs must now measure 24 inches long by 48
inches wide and be posted not later than the loth day prior to the
Planning and Zoning Commission public hearing.
• Zoning Protest Procedures (HB 24)
Modifies the procedures for protesting a proposed zoning change.
For changes that would allow additional residential development,
ZA25-0050; Ordinance No. 480-HHHHH Page 1
the threshold for a protest increases from 20% to 60% of affected
property owners. In such cases, the City Council may approve the
zoning change with a simple majority vote of all members, rather
than a three -fourths supermajority.
• Renumbering, Reorganization, and Minor Edits
Renumbers and reorganizes subsections of Section 46.3 and
includes minor edits to enhance clarity, flow, and overall
readability.
Citizen Input/
Board Review: The following meetings are scheduled for this item:
Planning and Zoning Commission (Public Hearing)
Thursday, August 7, 2025 at 6:30 PM
City Council (1st Reading)
Tuesday, August 19, 2025 at 5:30 PM
City Council (2nd Reading & Public Hearing - Final Action)
Tuesday, September 2, 2025 at 5:30 PM
Planning & Zoning
Commission
Action: August 7, 2025; Approved (7-0).
City Council
Action: August 19, 2025; 1st Reading Approved (7-0) on consent.
Attachments: (A) Ord. No. 480-HHHHH
Section 46 — Current Text
Senate Bill 929 — 88t" Legislative Session
House Bill 24 — 89t" Legislative Session
Presentation
Staff Contact: Dennis Killough (817) 748-8072
Jenny Crosby (817) 748-8195
ZA25-0050; Ordinance No. 480-HHHHH Page 2
ORDINANCE NO. 480-HHHHH
AN ORDINANCE AMENDING SECTION 46.3 "REVIEW PROCEDURES," OF
SECTION 46 "AMENDMENTS TO THE ZONING ORDINANCE," OF THE
ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
INCORPORATING NOTICE AND PROTEST PROCEDURE CHANGES
NECESSITATED BY THE TEXAS LEGISLATURE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; REQUIRING PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, ("City") 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 previously adopted the Zoning Ordinance of City of Southlake,
Texas ("Zoning Ordinance"); and
WHEREAS, Senate Bill 929 of the 88th Legislative Session amended Chapter 211 of
the Local Government Code regarding notice requirements for zoning changes that may
result in a conforming use becoming a nonconforming use; and
WHEREAS, House Bill 24 of the 89th Legislative Session amended Chapter 211 of
the Local Government Code regarding notice and protest procedures for changes to certain
zoning regulations or district boundaries; and
WHEREAS, the City Council has determined that it is appropriate and in the best
interest of the City to amend Section 46.3 of the Zoning Ordinance to reflect the changes
enacted by SB 929 and HB 24 as provided herein; and
WHEREAS, The Planning and Zoning Commission of the City of Southlake, Texas
held a public hearing on August 7, 2025 and the City Council of the City of Southlake, Texas
held a public hearing on September 2, 2025 with respect to the amendments to the zoning
ordinance described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 and 213 of the
Local Government Code, and all other laws dealing with notice, publication and procedural
requirements for the approval of an amendment to the Zoning Ordinance of the City of
Southlake, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Ordinance No. 480-HHHHH Attachment A
SECTION 1.
Section 46.3 "Review Procedures," of Section 46 "Amendments to the Zoning
Ordinance," of the Zoning Ordinance of the City of Southlake, Texas is hereby amended to
read as follows:
a. PLANNING AND ZONING COMMISSION PUBLIC HEARING. 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.
A-ll he given ten (10)
sweh preperty owners ass their eavvnearship appears- ean thee Wasst approved Gity
b. CITY COUNCIL PUBLIC HEARING. A public hearing shall be held by the City Council
before adopting any proposed amendment, supplement, or change. of least fifteen
in the effinial Rew er of the Git i of Southlake aR d pesterd OR the Cit is inte-met
websote. Furthermore, the Administrative OffoGual is doreGted to Gause a sign to be
initiaterd by the City that affects multiple properties that is at least 24 inches len h i
48 inGhes wide and Glearly visible to passersby whiGh states that the property is the
least 1 9 days prior to the he—arino and shall remain post �unto! tthe rteariing.
preGedent to the holding of the publiG hearing, the adeptien of any proposed zE)n+'plg
change or any other offinial action G-11-11111nonnernino s„nh amendment.
C. NOTICE.
1. 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.
2. In addition. written notice of each Dublic hearina shall be provided reaardin
any proposed adoption of or change to a zoning regulation or boundary under
which a current conforming use of a property may become a nonconforming
use if the regulation or boundary is adopted or changed. Written notice shall
be provided by United States mail to each owner of real or personal property
Ordinance No. 480-HHHHH Attachment A
where the proposed nonconforming use is located as indicated by the most
recently approved municipal tax roll and each occupant of the property not
later than the 101" day before the hearing date. The notice must contain the
time and place of each public hearing and include the following text in bold
14-point type or larger: "THE CITY OF SOUTHLAKE IS HOLDING A
HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE
RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT
USE. PLEASE READ THIS NOTICE CAREFULLY."
3. Before the 15t" day before the date of the City Council hearing, the time and
place of such hearing shall be published in the official newspaper of the City
of Southlake and posted on the City's internet website.
2-4. Furthermore, the Administrative Official is directed to cause a sign to be
placed upon each property to be rezoned, or in the public right-of-way for a
change initiated by the City that affects multiple properties, that is at least 24
inches long by 48 inches wide and clearly visible to passersby which states
that the property is the subject of a rezoning application (or words of like
intent). The sign shall be posted not later than the 10t" day prior to the
Plannina and Zonina Commission hearina and shall remain posted until the
date of the final determination on the DroDosed cha
mod. PROTESTS. if a proposed change to a regulation er bo Rdary is protested in
aGGGrdanGe with this subSeGtien, the proposed Ghange MUSt reGeiVe, in order to ta .
effeGt, the affirmative vote ef at least three feurths ef all members ef the Gity GeUnGil.
The prete-st-A protest of a proposed change to a zoning regulation or district boundary
must be written, signed and acknowledged by the owners of: of least twenty (20)
NneFGent of either: -
1. At least twenty (20) percent of Tthe area of the lots or land covered by the
proposed change; or
2. Except as provided by in subsection 3 below, at least twenty (20) percent of
Tthe area of the lots or land immediately adjoining the area covered by the
proposed change and extending two hundred (200) feet from that area-, or
3. At least 60 percent of the area of the lots or land immediately adjoining the
area covered by the proposed change and extending 200 feet from that area
if the proposed change has the effect of allowing more residential
development than the existing zoning regulation or district boundary and
does not have the effect of allowing additional commercial or industrial uses
unless the additional use is limited to the first floor of any residential
development and does not exceed 35 percent of the overall development.
e. If a proposed change to a regulation or district boundary is protested in accordance
with Subsection (ed) above. the DroDosed chanae must receive. in order to take effect.
the affirmative vote of at least:
1. three -fourths of all members of the governing body for a protest described by
Subsection (ed)(1) or (2); or
2. a majority of all members of the City Council for a protest described by
Subsection (ed)(3)."
SECTION 2.
Ordinance No. 480-HHHHH Attachment A
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.
All rights or remedies of the City of Southlake, Texas are expressly saved as to any
and all violations of the Zoning Ordinance of the City of Southlake or of any amendments
thereto that 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, same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 4.
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 5.
Any person, firm or corporation who violates, disobeys, omits, neglects, refuses or
fails to comply with, or who resists the enforcement of any provision 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 6.
The City Secretary of the City of Southlake is hereby directed to publish the caption,
the penalty clause and effective date clause in the official newspaper at least once within
ten (10) days after the passage of this ordinance.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as provided by law, and it is so ordained.
Ordinance No. 480-HHHHH Attachment A
PASSED AND APPROVED on the 1st reading the 19t" day of August, 2025.
Shawn McCaskill, MAYOR
ATTEST:
Amy Shelley, CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 2nd day of September, 2025.
Shawn McCaskill, MAYOR
ATTEST:
Amy Shelley, CITY SECRETARY
APPROVED AS TO FORM:
Cara Leahy White, CITY ATTORNEY
Ordinance No. 480-HHHHH Attachment A