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Item 6DCITY OF SOUTHLAKE MEMORANDUM April 10, 2013 To: Shana Yelverton, City Manager From: Ken Baker, Director of Planning and Development Services Subject: Amendment of Zoning Ordinance No. 480-NNNN Action Requested: Conduct a public hearing and consider 2nd reading approval of an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, deleting Section 46.3d, pertaining to procedures to overrule a recommendation of the Planning and Zoning Commission to deny a proposed change to a regulation or boundary. Background Information: The City Council has requested staff to bring forward an amendment to the City of Southlake Zoning Ordinance No. 480, as amended, deleting Section 46.3d which requires the affirmative vote of 3/41" of all the members of the City Council to overrule a recommendation of the Planning and Zoning Commission to deny a proposed change to a regulation or boundary. Citizen Input/ Board Review: A public hearing will be held by both the Planning and Zoning Commission and City Council. Legal Review: This item is under review by the City Attorney. P & Z Action: March 21, 2013; Approved (6-0) as presented. City Council Action: April 2, 2013; Approved (4-3). Staff Comments: The following subsection of Section 46 "Amendments to the Zoning Ordinance" is proposed to be deleted from the City of Southlake Zoning Ordinance No. 480, as amended: Section 46.3d - In order to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary be denied, an affirmative vote of at least 1 three -fourths of all the members of the City Council shall be required. Ordinance No. 480-NNNN is included on pages 3 — 7 of this report. V, ORDINANCE NO. 480-NNNN AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY DELETING SECTION 46.3D, PERTAINING TO PROCEDURES TO OVERRULE A RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION TO DENY A PROPOSED CHANGE TO A REGULATION OR BOUNDARY; 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 46 of the Zoning Ordinance No. 480, as amended, is hereby amended by deleting the following subsection: Section 46.3d - In order to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary be denied, an affirmative vote of at least 9 three -fourths of all the members of the City Council shall be required. 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. W 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. 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 2nd day of April, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of MAYOR ATTEST: CITY SECRETARY N APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: