Item 6M
M E M O R A N D U M
August 25, 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.
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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;
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.
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
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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.
City Council:
August 18, 2015; Approved (7-0) on Consent subject to staff report dated
August 11, 2015.
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ATTACHMENT “A”
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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
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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 (“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.
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
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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,
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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:______________________
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