480-LORDINANCE NO. 480 -L
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, BY ADDING VARIANCE PROCEDURES FOR CERTAIN
DEVELOPMENT REGULATIONS IN THE "P.U.D." PLANNED UNIT
DEVELOPMENT DISTRICT, 11 S -P -1" DETAILED SITE PLAN
DISTRICT, AND S -P -2 GENERALIZED SITE PLAN DISTRICT;
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 of Southlake has heretofore adopted
Ordinance No. 480, as amended, as the Zoning Ordinance for the
City; and
WHEREAS, the City Council of the City of Southlake now deems
it necessary to amend Ordinance No. 480, as amended, to provide
variance procedures for certain development regulations in the
"P.U.D." Planned Unit Development District, the "S -P -1" Detailed
Site Plan District, and the "S -P -2" Generalized Site Plan District.
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:
1
r
SECTION 1
That Section 30.5 of Ordinance No. 480, as amended, is hereby
amended by adding the following paragraph:
"The Board of Adjustment may grant variances of up to,
but not exceeding, ten percent (10 %) of any required
setback or lot coverage requirement established by the
City Council in the specific P.U.D. regulations at the
time of zoning of said Planned Unit Development. This
approval shall be per the requirements set forth in
Section 44.3 (b) of the Zoning Ordinance."
SECTION 2
That Section 31, "S -P -1" Detailed Site Plan District of
Ordinance No. 480, as amended, is hereby amended by adding a new
Section 31.6 to read as follows:
" VARIANCES - The Board of Adjustment may grant variances
of up to, but not exceeding, ten percent (10 %) of any
required setback or lot coverage requirement established
by the City Council in the specific "S -P -1" regulations
at the time of zoning of said Site Plan District. This
approval shall be per the requirements set forth in
Section 44.3 (b) of the Zoning Ordinance."
SECTION 3
That Section 32 of Ordinance No. 480, as amended, is hereby
amended by adding a new Section 32.7 to read as follows:
" VARIANCES - The Board of Adjustment may grant variances
of up to, but not exceeding, ten percent (10 %) of any
required setback or lot coverage requirement established
by the City Council in the specific "S -P -2" regulations
at the time of zoning of said Site Plan District. This
approval shall be per the requirements set forth in
Section 44.3 (b) of the Zoning Ordinance."
SECTION 4
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 provisions
of such ordinances are hereby repealed.
a
SECTION 5
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and section 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 the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6
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
offence.
SECTION 7
All rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provision of Ordinance
No. 480, as amended, or any other ordinances regarding "P.U.D."
district 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
3
disposition by the courts.
SECTION 8
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 9
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 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 2.13
of the Charter of the City of Southlake.
SECTION 10
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.
4
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
1993.
101 1aumi„" Iy
H L q t E`,y� OR
H
ATTEST:
S : /
its w��`� ITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1993.
F O,a � bv
r� ;
APPROVED AS TO FORM AND LEGALITY:
aa-j (l E am
City Attorney
Date:
ADOPTED:
EFFECTIVE:
ATTEST:
ITY SECRETARY
s
fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TIE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Billing Specialist for the Fort Worth
Star—Telegram, published by the Star—Telegram Inc . at Fort Worth , in Tarrant
County, Texas; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL
INCWLINE RATE AMOUNT
JUN 18 2488008 , CL . 358 1X48 L 48 . 43 20 . 64
ORDINANCE No No-L June 18
Annoorrrdellla�n�amendin orrl- P . O . # ORDINANCE 480L
anoep n of thesci(Yty of Southlakel,
Texas,by pl anned addi ng va r-
lance9pprocedures for certain
tthhe i-'U fplannedunitddi�n
dveetl ment district, "S-P-t"
S-P leydgae site pa��zne district,pand
district;provld re thatthlsor
dinance shall be cumu lativeof
all ordinaances providing a
seveerabllity cause; proVvid-
Ing for a pens My for violations
hereof; provld ng a savings
clause;provldin for publica-
tloninp publication In the of>
clal newsy p r; and
providing an I Nit.,
6 date.rilpo SIGNED
�y�tnseng'v(oatmes rde�fsuobevs; AND SWORN TO BEFORE ME, T'-uIS THE DA OF
rwitheo swhoresistssttia NOTARY PUBLIC
smart of any of the pro-
cofthlsordlnAnce hall
.Jd t more M_pt} }vp
txiusand�ollars (Ea1h d y TARRANT CO NTY, TEXAS
for each offer55ee aschh day
f4tavlolatlonispe rmittadto
ex st shall constitute a sepa-
rate offence. c b the Passed and apofrTheClry of
Soliv Council 5
ihlake this Meth th day of
June,199,s
Gary GGIckes
Mayor of Soutfilake
?test:
Sandra L.Lecirand,
Clty Secretoary
Aoprovaeydnea K.Olsromn
W city Attorney
-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�
REMIT TO: 400 W . SEVENTH, FW, TX 76102
Fbrt Worth PErinO:
ACCOUNT AMOUNT
2488008 NUMBER CIT57 DUE 20 . 64
y i PAGE �F 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE PLEASE PAY 20. 64
SOUTHLAKE TX 76092-9595 THIS AMOUNT Pr-
ATTN : FAX
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram .
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared SUE RUSSELL Billing Specialist for the Fort Worth
Star—Telegram, published by the Star—Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who, after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO] DESCRIPTION AD SIZE TOTAL INCR/LINE RATE AMOUNT
JUN 04 2477508 CL . 358 1X63 L 63 . 43 27 . 09
June 4
NOTICE PUBLICINGBLIC P. O . # 4 8 0—L
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PER SONS that the City Coun-
cil of the City of Southiake,
Texas,wili beholdingaepgublic
hearing
City ICounucilnm teetinggg to Ibe
held In the City Counci l Cham- _................._.
hers of City Hall, 667 North II
Carroll Avenue, Southiake,
Texas.Thepurposeofthepub- '
lic hearing Is to consider the
followin9.ordinance: . . _...___
ORDINANCE
NANCE
AMENDING ORDI l II
-
NANCE NO. 480 AS
AMENDED THE COM-
PREHENSI`,/E ZONING
ORDINANCE OF THE SIGNED ,
CITY OF SOUTHLAKEAde,..64,
TEXAS CCBY ADDING`
"11RESFORPPANNED aND SWORN TO BEFORE ME, 'NIS THE 16TH DAY OF DUNE, 1-993
NIT DEVELOPMENT
ISTRICT REGULA- NOTARY PUBLIC
ONS; PROVIDING
-IAT THIS ORDI-
NANCE SHALL BE CU- --�-i
MULATIVE OF ALL OR-DINANCES �1 �K � TARRANT COL NTY, TEXAS
PROVIDING A SEVER- + �^ABILITY CLAUSE; - • '....( I f
PROVIDING FOR /( A. Apt+
PENALTY FOR VIOLA- ?: �+, KATHRYN J. SPENCER
VIOLA-
TIONS SAVINGS — ''--'A"' COMMISSION EXPIRES #
CLAUSE PROVIDING M. "%
FOR PUBLICATION IN # '0;p,/��±P= JANUARY 28, 1995 f
Oft
PAMPHLET FORM; # (., o;``
PROVIDING FOR PUB- �„��
LIGATION IN THE OF-
FICIAL NEWSPAPER
AND PROVIDING AN
EFFECTIVE DATE.
SECTION 6
1 Any person,firm or corpo-
omits,
ne9l olatesrefus s to-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�•omits neglects horesists to
comply with or who res I sis the
enforcement of any of the p ro-
visions of this ordinance shall
Thousandfln d notDollarsREMIT TO : 400 W . SEVENTH , FW , TX 76102
Thousand Dollars(52,000.00)
Ifor each offense. EEach day
thataviolatlonispermlttedtoexist shallsf� constitute a sepa-
pCity of So to hl ke,Texas �+C�1���i C: I► 1 � �i }( j( f R7-2051
SandraLe�rand Ci=:eta� _ . Star-Telegram" ACCOUNT AMOUNT
NUMBER C I T 5 7 DUE 27 . 09 1
PAGE 13F 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE PLEASE PAY 27 . 09
SOUTHLAKE TX 76092-9595 THIS AMOUNT IP
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED