Item 7ACity of Southlake
Department of Planning
MEMORANDUM
July 28, 2004
TO: Planning and Zoning Commission
FROM: Ken Baker, AICP, Interim 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) Conduct a public hearing and 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: None
LEGAL REVIEW: Currently under review by the City Attorney.
SUPPORTING
DOCUMENTS: Attachment A- Ordinance No. 480 -XX.
P &Z ACTION: Approved (7 -0) on July 8, 2004.
COUNCIL ACTION: Approved first reading on Consent (4 -0) on July 20, 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 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 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 two (2) alternates shall be appointed to serve terms beginning
in odd numbered years and two (2) members and two (2) alternates 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
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 5
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 6
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 7
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 Ist 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: