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Item 4K M E M O R A N D U M August 11, 2015 To: Shana Yelverton – City Manager From: Ken Baker, AICP – Senior Director of Planning & Development Services Subject: Amendment to the Subdivision Ordinance No. 483-P Action Requested: Consider recommendation of approval of an amendment to the City’s Subdivision Ordinance No. 483, as amended. Background Information: The purpose of this item is to consider amending Article VIII, Miscellaneous Requirements, of the City’s Subdivision Ordinance No. 483, as amended, as well as Article IV, Procedures for Plat Approval. The proposed revision to Article VIII would allow the platting of certain tracts of land within single-family residential districts regardless of tract size. Currently the platting of a tract requires that all lots within the City Limits shall meet the requirements of the Zoning Ordinance, which includes minimum lot area, lot width and lot depth. The Subdivision Ordinance requires that the property be platted prior to issuance of a building permit. In many instances, the property is within a zoning district that allows the proposed single family use, but does not meet the minimum lot area or the dimensions required by the zoning district. The current remedies for these situations are for the property owner to apply for a change of zoning or seek approval of a variance from the City’s Zoning Board of Adjustments. The proposed exemptions to the minimum lot area, width and depth would allow the property owner the ability to plat for new single family residential home construction without these extra steps subject to following conditions: 1. The plat is for a single-lot; 2. The tract was created prior to adoption of the effective date of the Subdivision Ordinance No. 483, January 2, 1990; 3. The tract must be in a zoning district which allows residential use for a single family detached dwelling (“AG”, “RE”, “SF-2”, “SF-1A”, “SF-1B”, “SF-30” “SF-20A”, “SF-20B”); 4. All adjoining tracts under ownership are included in the plat boundary and are under the same zoning district. 483-P Page 1 The proposed revision to Article IV would change the appeal process for plats approved by City staff by moving the final authority on the appeal from the Planning & Zoning Commission to the City Council. Currently, a single-lot Plat Showing and an Amended Plat are approved by City Staff. If an applicant is dissatisfied with the decision of the City Manager or designee, the applicant may request that the plat be referred to the Planning and Zoning Commission. The decision of the Planning and Zoning Commission is final. However, the Planning and Zoning Commission does not have authority to consider modifications or variances to the Subdivision Ordinance. This authority is granted to the City Council under Article IX, in Section 9.01. For this reason, staff recommends that any appeal of the administrator be deferred to City Council. PROPOSED CHANGE TO USES ARTICLE VIII MISCELLANEOUS REQUIREMENTS (SEE SECTION 8.01.J): Section 8.01 Lotting Requirements: (Amended Ord. No. 483-A, 483-L, 483-O, 483-P) J. All lots within the City Limits shall meet the requirements of the zoning ordinance of the City. However, a tract of land may be platted and exempted from compliance with the minimum requirements pertaining to lot area, lot width and lot depth subject to compliance with the following criteria: 1. The plat is for a single-lot; 2. The tract was created prior to adoption of the effective date of the Subdivision Ordinance No. 483, January 2, 1990; 4. The tract must be in a zoning district which allows residential use for a single family detached dwelling. (“AG”, “RE”, “SF-2”, “SF-1A”, “SF-1B”, “SF-30” “SF-20A”, “SF-20B”); 5. All adjoining tracts under ownership are included in the plat boundary and are under the same zoning district. PROPOSED CHANGE TO AUTHORITY FOR APPROVAL WITHIN ARTICLE IV PROCEDURES FOR PLAT APPROVAL (SEE SECTION 8.01.J): Section 4.01 General Provisions: A. Authority For Approval: 1. City Staff: The City Manager, upon receiving a recommendation for approval from the appropriate City Staff, the City Engineer, and City Attorney, is hereby granted authority to approve all single-lot Plat Showings, and Amended Plats as defined herein. An applicant who is dissatisfied with the decision of the City Manager, may request that the 483-P Page 2 plat be referred to the Commission City Council for decision. The decision of the Commission City Council is final. (As amended by Ord. No. 483-B) (As further amended by Ord. No. 483-G). Citizen Input/ Board Review: A SPIN meeting was held on June 23, 2015. A copy of the SPIN meeting report can be found under Attachment “A” of this memorandum. A Public Hearing was held by the Planning & Zoning Commission on August 6, 2015, and a Public Hearing will also be held by City Council. Legal Review: This item is under review by the City Attorney. Attachments: (A) SPIN Meeting Report (B) Ordinance 483-P (C) Link to Presentation Planning & Zoning Commission: August 6, 2015; Approved (6-0) as presented specifically allowing staff to refine and clarify the definitions prior to presenting to City Council. 483-P Page 3 ATTACHMENT “A” 483-P Page 4 483-P Page 5 483-P Page 6 483-P Page 7 483-P Page 8 483-P Page 9 ATTACHMENT “B” ORDINANCE NO. 483-P AN ORDINANCE AMENDING ORDINANCE NO. 483, AS AMENDED, THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY REVISING PROVISIONS WITHIN ARTICLE VIII, MISCELLANEOUS REQUIREMENTS, SECTION 8.01, LOTTING REQUIREMENTS AND ARTICLE IV, PROCEDURES FOR PLAT APPROVAL, SECTION 4.01, GENERAL PROVISIONS; 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 Article VIII (Miscellaneous Requirements) of the City’s Subdivision Ordinance No. 483, as amended, is hereby amended by revising the following to subsection 8.01.J: Section 8.01 Lotting Requirements: J. All lots within the City Limits shall meet the requirements of the zoning ordinance of the City. However, a tract of land may be platted and exempted 483-P Page 10 from compliance with the minimum requirements pertaining to lot area, lot width and lot depth subject to compliance with the following criteria: 1. The plat is for a single-lot; 2. The tract was created prior to adoption of the effective date of the Subdivision Ordinance No. 483, January 2, 1990; 3. The tract must be in a zoning district which allows residential use for a single family detached dwelling; 4. All adjoining tracts under ownership are included in the plat boundary and are under the same zoning district. SECTION 2 Article IV (Procedures For Plat Approval) of the City’s Subdivision Ordinance No. 483, as amended, is hereby amended by revising the following to subsection 4.01.A.1: Section 4.01 General Provisions: B. Authority For Approval: 2. City Staff: The City Manager, upon receiving a recommendation for approval from the appropriate City Staff, the City Engineer, and City Attorney, is hereby granted authority to approve all single-lot Plat Showings, and Amended Plats as defined herein. An applicant who is dissatisfied with the decision of the City Manager, may request that the plat be referred to the City Council for decision. The decision of the City Council is final. 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 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 483-P Page 11 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 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, 483-P Page 12 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. th PASSED AND APPROVED on the 1st reading the 18 day of August, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY st PASSED AND APPROVED on the 2nd reading the 1 day of September, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ 483-P Page 13