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Item 8ACity of Southlake Department of Planning MEMORANDUM July 14, 2004 TO: Planning and Zoning Commission FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance No. 480-XX - Changing the number of alternate members of the Zoning Board of Adjustments from two (2) members to four (4) members. REQUESTED ACTION: 1) Consider approval of Ordinance No. 480-XX BACKGROUND: The purpose of this amendment is to make additional members available to the board to cover seats for which an anticipated absence or conflict of interest is expected. In particular, there are some members of the board that are unable to sit for the pending hearing on the need for expedited compliance of the Hanson Aggregate (Southern Star) concrete plant located on Brumlow Avenue due to various conflicts. The absence of these members does not allow a full board to sit for the matter. FINANCIAL CONSIDERATIONS LEGAL REVIEW: SUPPORTING DOCUMENTS: P&Z ACTION: COUNCIL ACTION: None Currently under review by the City Attorney. Attachment A -Draft Ordinance No. 480-XX. Approved (7-0) on July 8, 2004. ORDINANCE NO. 480-XX AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING SECTION 44.1 REGARDING THE NUMBER OF ALTERNATE MEMBERS APPOINTED TO THE BOARD OF ADJUSTMENTS; 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 city council has 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 Section 44.1, of Ordinance No. 480, as amended, is hereby amended by replacing the section with the following: 44.1 ESTABLISHMENT - A Board of Adjustment is hereby established which shall consist of five (5) members and twe four (4) alternates to be appointed by the City Council. The term of office of said members and alternates shall be two (2) years. Three (3) members and one 6� alternates shall be appointed to serve terms beginning in odd numbered years and two (2) members and one two (2) alternate shall be appointed to serve terms beginning in even numbered years. In making such appointments, the City Council shall name one appointee as Chairman and one as Vice -Chairman. After the appointment of the original members and alternates thereof, all vacancies occurring on the Board of Adjustment shall be filled by appointment by the City Council. Members and alternates of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member or alternate affected. 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 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 publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) 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 or its caption and penalty in the official City newspaper one time within ten days after final 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 day of , 2004. MAYOR ATTEST: ACTING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment A Page 2