Item 6DCITY OF
SOUTHLAKE
MEMORANDUM
March 27, 2013
To: Shana Yelverton, City Manager
From: Ken Baker, AICP — Director of Planning & Development Services
Subject: Amendment of Zoning Ordinance No. 480-MMMM
Action
Requested: Conduct a public hearing and consider 2nd reading approval of an
amendment to the Comprehensive Zoning Ordinance No. 480, as
amended, adding variance provisions to Section 45 — Specific Use
Permits.
Background
Information: The City attorney has recommended that language be added to the City's
Zoning Ordinance clarifying the provisions for granting variances to
Specific Use Permit regulations.
Citizen Input/
Board Review: A public hearing was held by both the Planning and Zoning Commission
on March 7, 2013. No one spoke at the hearing. If the City Council
approves the first reading scheduled for March 19, 2013, a public hearing
will be held at the City Council meeting scheduled for April 2, 2013.
Legal Review: This item is under review by the City Attorney.
P & Z Action: March 7, 2013; Approved (4-0) as presented.
City Council
Action: March 19, 2013; Approved (7-0) on the consent agenda.
Staff Comments: Proposed Ordinance No. 480-MMMM is included on pages 2 through 6 of
this report. The specific addition can also be found in Section 45.5.i of
the redline/strike-out of Section 45 at the hyperlink below:
Redline/Strikeout - Section 45 Specific Use Permits
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ORDINANCE NO. 480-MMMM
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; BY ADDING VARIANCE PROVISIONS TO
SECTION 45 — SPECIFIC USE PERMITS; 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
Sections 45.5 of the Zoning Ordinance No. 480, as amended, is hereby
amended by adding the following subsection:
City Council may grant variances to specific regulations
associated with a specific use set forth in Sections 45. To receive
a variance, the applicant must demonstrate one of the following:
(a) A variance will reduce the impact of the project on
surrounding residential properties; or
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(b) Compliance with this ordinance would impair the
architectural design or creativity of the project; or
(c) A variance is necessary to assure compatibility with
surrounding developed properties; or
(d) The proposed construction is an addition to an existing
project that does not meet the requirements of this
ordinance.
(As amended by Ordinance No. 480-MMMM)
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 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.
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SECTION 5
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 6
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 7
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.
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SECTION 8
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 9
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 19th day of March, 2013.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
MAYOR
ATTEST:
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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