0483-L
ORDINANCE NO. 483-L OFFICIAL RECGI-',~
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING
ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE, AS
AMENDED; AS IT PERTAINS TO PANHANDLE LOTS;
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. 483 as the Subdivision
Ordinance, as amended, for the City; and
WHEREAS, the City Council has determined that it is appropriate and in the best
interest of the City to amend Ordinance No. 483 to conform with ordinances of the City
pertaining to minimum residential lot configuration standards and to insure the orderly
development of residential subdivisions within the City; NOW, THEREFORE,
WHEREAS, the Planning and Zoning Commission has conducted a public
hearing regarding the proposed revisions and has recommended adoption of the same;
and
WHEREAS, the City Council has determined that it is appropriate and in the best
interest of the City to amend Ordinance No. 483, as amended, as provided herein; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
SECTION 1.
Article I, Section 1.04, Definitions of Ordinance No. 483, as amended, is
amended to add the following definition:
Panhandle Lot - Also known as a flag lot, this is a lot having a narrow strip of
land extending from the buildable area of the lot to a street, with the primary
purpose of the strip being to provide street frontage and street access for the lot.
A panhandle lot does not meet the minimum lot width requirement.
SECTION 2.
Article VIII, Section 8.01, Lotting Requirements of the Subdivision Ordinance No.
483, as amended, to add the following:
K. Residential panhandle lots, also known as flag lots, shall not be permitted.
1. However, the approving authority may waive this requirement if it finds
that one or more of the following conditions are satisfied and the
requirements of subsection 2 are met:
a. Topographical, environmental preservation or other severe physical
constraints prevent conventional subdivision and the panhandle lot
appears to be the best solution to subdivision of lands;
b. The panhandle lot arrangement is a temporary one in which the
panhandle will disappear and the ultimate access will be provided
by conventional means; and/or
c. The proposed lot(s) will not have an adverse affect upon
surrounding properties.
2. Additionally, the approving authority shall not consider a waiver of this
requirement unless the following conditions must be met:
a. The area and width of the buildable area of the lot must comply with
the underlying zoning regulations. The panhandle portion of the lot
is not to be included as part of the required minimum lot area;
b. The length and width of the panhandle section of the lot must
provide for or exceed the minimum emergency access and fire
protection standards of the adopted City codes; and
c. The location of the panhandle lot conforms to the City's Driveway
Ordinance, No. 634, as amended.
SECTION 3.
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 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 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 Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
The City Secretary of the City of Southlake is 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 days
after passage of this ordinance, as required by Section 3.13 of the Charter of the City of
Southlake.
SECTION 7.
The City Secretary of the City of Southlake is 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.
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 FIRST READING ON THIS 15TH DAY OF APRIL,
2008.
MAYOR
ATTEST:
CITY SECRETA
9 • CO
tlj ryfl9"'~ry
PASSED AND APPROVED ON SECOND READING ON THIS 6T" DAY OF MAY,
2008.
Cl)k~
MAYOR
ATTEST:
`av ~at
~A mP
z7 C;
• V/
• • cn w~
O
CITY SECRETA - •
• R
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney