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Item 18 - Ord. 1139 - RE-7 zoning district Department of Planning & Development Services Department of Planning & Development Services S T A F F R E P O R T February 4, 2016 ORDINANCE NO:1139 PROJECT:Amendment to Ordinance no. 480 to establish “RE-7” Single Family Residential Estate district EXECUTIVE SUMMARY: In an effort to retain certain rural estate qualities still in evidence but disappearing within the City of Southlake, an amendment to the zoning ordinance to include an “RE-7” Single Family Residential Estate district will be considered. This amendment would create a new zoning category identical to the existing “RE” zoning, with the exception of minimum lot size. DETAILS: Proposed is an “RE-7” Single Family Residential Estate district which would restrict density to no more than one dwelling per 7 acres on affected properties. All other district regulations would be the same as the current “RE” Single Family Residential Estate District zoning. The ordinance is attached as exhibit D. Under this proposal, existing zoning on all lots would remain as it is currently; the RE-7 district, if implemented, would only be made available for future rezoning. ATTACHMENTS: (A) Background Information (B) Supporting Information – Link to Power Point (C) SPIN meeting report – January 26, 2016 (D) Corridor Planning Committee meeting report – December 2, 2015 (E) Ordinance 1139 STAFF CONTACT: David Jones (817) 748-8072 Ken Baker (817) 748-8067 Ordinance No. 1139 BACKGROUND INFORMATION HISTORY: Staff was directed to research a new land use category and zoning district to aid in the preservation of remaining large agricultural and residential lots. All residentially zoned lots with 3 acres or more of land and a Low or Medium-Density Residential Future Land Use designation on the Future Land Use map were analyzed. Those which retained rural or estate characteristics and which were situated within close proximity to other such parcels were delineated into study areas. 5 such study areas are proposed for consideration under the proposed Rural Estate Residential Future Land Use (ZA16-001). A minimum 7 acre residential estate zoning district is considered concurrently as a district to be made available to any property owners in the future. No City-initiated rezoning is proposed. N:\\Community Development\\ORDINANCES\\All Other Planning\\1100s\\1139 RE-7 zoning\\1139 PZ Staff Report.docx Ordinance No. 1139 Attachment A Page 1 SPIN MEETING REPORT Case Number: SPIN16-03 Project Name: CP16-001 Southlake 2030 Rural Real Estate Residential Land Use Category SPIN Neighborhood: Citywide Meeting Date: January 26, 2016 Meeting Location: 1400 Main Street, Southlake, TX City Council Chambers Total Attendance: 28 Host: Bobbie Heller, CEC Applicant(s) Presenting: Ken Baker, Senior Director of Planning and Development Services City Staff Present: Patty Moos, Planner I City Staff Contact: David Jones, Principal Planner, email: djones@ci.southlake.tx.us phone: 817-748- 8070 Attached to the end of this report are the Blackboard Connect Delivery Results for the January 26, 2016 SPIN Town Hall Forum Presentation begin: 6:15 pm Presentation ended: 6:45 pm Town Hall Forums can be viewed in their entirety by visiting http://www.cityofsouthlake.com and clicking on “Learn More” under Video On Demand; forums are listed under SPIN by meeting date. FORUM SUMMARY: Property Situation: Citywide Development Details: Note: SPIN16-02 and SPIN16-03 were presented as one presentation at the SPIN meeting Staff was directed to research a new land use category for the City’s Future Land Use Plan. The Land Use Plan is a policy document only for City Council. It is a framework for commercial and residential development, a fundamental plan for all city services. Zoning is a regulatory document. City Council uses the Future Land Use map for rezoning and as a tool with zoning and lot configuration, tree preservation, etc. in the framework. The Land Use category is for Rural Estate Residential. Staff is analyzing 3-5 acre, 5-7 and 7+ acre properties in Southlake. There are 5 general areas for the Land Use Plan amendment:W Bob Jones Road (north); Dove/N. Peytonville Ave/Shady Oaks (west/northwest); S. White Chapel Road (south); Sunshine Lane (east); and Highland Ave/Shady Oaks (central). Ordinance No. 1139 Attachment C Page 1 The Rural Estate Land Use Category: Purpose: To identify, provide for, and preserve the rural aesthetics and natural resource characteristics of very low density single-family residential development. Definition: The Rural Estate category is for detached single-family residential development at a net density of one or fewer dwelling units per 5 acres. The Rural Estate category encourages the openness and rural character of the City. RE Single Family-7 Zoning District: • Newly Created Zoning Classification • Same regulations as the existing RE –Single family Residential Estate zoning district except for acreage minimum. Planning and Zoning Commission date for ordinance: February 4, 2016 at 6:30 pm (Public Hearing). City Council dates for the ordinance: February 16, 2016, first reading (not a public hearing, but can nd speak at meeting) at 5:30 pm and March 1, 2016, 2 reading (Public Hearing) at 5:30 pm. Ordinance No. 1139 Attachment C Page 2 Ordinance No. 1139 Attachment C Page 3 QUESTIONS / CONCERNS: 1. If this category is put in place with underlying a 7 acre property, how will this affect a property that will put a PUD on the property, not existing? Response: They can always ask City Council for the zoning with the land use and zoning change. 2. Concern by Bill Lafavers and John Klebs and both are opposed. White Chapel is zoned RE, but concerned with properties on Pine Street (approx. 9 acres) and what will happen with this property. 3. Question: What criteria were used and why are there other properties Milner along SH114 and Rucker (near S. Carroll) not included? Ordinance No. 1139 Attachment C Page 4 Response: The Milner property will most likely become mixed use in the future and Rucker property was not included, but can be considered by City Council. 4. Are land values considered with this process for a 5 acre minimum? Response: City Council will probably consider this. 5. Comment: Three residents on Sunshine Lane may be opposed. 6. Concerned on how this will affect property values for 8 acre property. Property value is not comparable with acre vs. square foot prices. 7. Concerned about property values. 8. How will this affect property values under 3 acres and 2 acres? Response: Should not affect property values on this property or affect smaller lots. 9. Concerned about government control of 9 acre property on N. White Chapel. 10. Comment: Opposed to this on E. Highland Avenue. 11. Comment: For this property- controls development surrounding their property. 12. Comment: Opposed to restriction of lots regarding economics and maybe need a reduction in density and reduction in city taxes. 13. Comment: Opposed (Sunshine Lane) to economic concerns with property values. Southlake is no longer rural. 14. Comment: Southlake builder opposed as land owners’ values of land, should be able to recoup- 5 acre will reduce value to owners. 15. Comment: Country atmosphere around Sunshine Lane is no longer rural. This should have been done 10 years ago. Sh114 and office development has made the rural atmosphere long gone. Less than 15% of land in Southlake is developable. 16. Will new designation for rural estate affect land use? Response: Definition is: The Rural Estate category is for detached single-family residential development at a net density of one or fewer dwelling units per 5 acres. The Rural Estate category encourages the openness and rural character of the City. 17. Comment: Restrictions on land owner should be considered for formula for size of house on a specific lot size. Now it is bigger homes forced onto smaller lots and needs to change to smaller homes on bigger lots. Response: This can be discussed with City Council. Ordinance No. 1139 Attachment C Page 5 SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Ordinance No. 1139 Attachment C Page 6 Southlake 2035 Corridor Planning Committee Meeting Report Meeting 1 – December 2, 2015 ITEM #5 DISCUSSION – NEW LAND USE CATEGORY AND ZONING DISTRICT:  Staff presented this item to the Committee, and the following represents questions for staff after the presentation: Q: Staff recommendation is the land use category would have a maximum density of 1 house per 5 acres and RE 2 with 1 house per 7 acres? A: Correct Q: How logistically would we move forward? A: If we went through a land use amendment change we would have to go through the process. It would have to be adopted by an ordinance Q: Are there incentives available (voluntarily or otherwise) to motivate a behavior for people to sign up for this? Tax benefit? A: Opportunity to put land into a perpetual easement which may result in a tax benefit Q: Talking about incentive to buy into zoning category? If you are the landowner, why do this? A: What the land use designation would do, is, for those lots not currently zoned, within this 5 acre or whatever land use category the council or PZ would have basis to not approve that zoning. If a development came in on 30 acres and has the 5 acre zoning, you would be limiting them to basically 6 new lots. Land use primarily impacts those properties that are not zoned currently Q: What percentage of these study areas is zoned AG? A: It’s probably close to half  Comments by Committee: There are tracts in here that have existing RE and would prevent further subdivision o Intention is not to encourage subdivision of land, this accomplishes that in a o straightforward way We are a democracy, this is passionate for some people maybe not for others - we get o this out there for discussion. If we are going to talk about this let everyone chime in and see where the process goes P&Z was going to be the first ones hit with this o Gives control we otherwise do not have. Goal to be stewards of existing property to help o Southlake develop in the best way possible What is going to motivate people to do this? To have your land rezoned... o Not talking about rezone, talking about land use, overlay. Doesn't encourage you to o rezone but does say you won’t ask for 15 houses on 15 acres Ordinance No. 1139 Attachment D Page 1 As a community we are open for debate. Property owners would need to come talk to o us Concerned the landowners won’t want to do this o  Direction for Staff from Committee: Talk about how many dwelling units could be created o Provide more data on dwelling units o Look to see whether it would be good to include lots on Highland o  Comments by Staff: The one issue about going higher (7 acre) you will get the top end but a number of o people coming forward with land use amendment requests to plat their property May conduct SPIN or special meeting to give property owners idea o Will present to Council and ask how to proceed o  Comments by Public: None o NEW LAND USE CATEGORY/ZONING DISTRICT RESEARCH SHOWN TO COMMITTEE: Ordinance No. 1139 Attachment D Page 2 North Peytonville Study Area Ordinance No. 1139 Attachment D Page 3 Sunshine Study Area Ordinance No. 1139 Attachment D Page 4 South White Chapel Study Area Ordinance No. 1139 Attachment D Page 5 Bob Jones Study Area Ordinance No. 1139 Attachment D Page 6 ORDINANCE NO. 1139 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING SECTION 51, WHICH ESTABLISHES THE RE-7 RESIDENTIAL ESTATE DISTRICT; PROVIDING PERMITTED USES AND STANDARDS FOR DEVELOPMENT; 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 establishment of an RE-7 Single-Family Residential Estate District will promote the goals of the City’s zoning ordinance and of the Southlake 2030 Plan; and WHEREAS , the Planning and Zoning commission and City Council have 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 Ordinance No. 1139 Attachment E Page 1 Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance is hereby amended by the addition of a new Section 51, which shall read as follows: SECTION 51 RE-7 SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT 51.1 PURPOSE AND INTENT - The purpose and intent of the “RE-7” Single Family Residential Estate District is to provide for compatible land, building, and structure uses primarily oriented to low density residential estate purposes, select agricultural uses, open space uses, and select community facility uses. The district further may serve as a transitional element between limited residential development and intense agricultural activities and higher density urbanized areas of the City. Low density detached single family residential dwellings and development, along with the aforedescribed uses, comprise the principal elements of the district. 51.2 PERMITTED USES a.Agricultural Uses 1.Horticultural activities such as nurseries for the growing of trees, plants, flowers, and items of a similar nature and character for which retail or wholesale sales are not conducted on the premises. 2.Agricultural uses whose products are grown primarily for on-premises consumption, such as domestic gardening, berry or bush crops, tree crops, flower gardening, orchards, and aviaries. b.Residential Uses 1.Single family detached dwellings housing the owner or operator of the agricultural use upon which said dwelling is situated or to be situated, provided: (a)The site area allocated to said residential dwelling use shall be not less than one (1) acre; and (b)The entire tract of land upon which said dwelling is situated or to be situated, including the principal single family dwelling described in the preceding paragraph b.1.(a) is in single ownership and comprises a contiguous area of not less than seven (7) acres; and (c)The minimum lot (site) width devoted to said dwelling shall be not less than three hundred (300) feet. c. Community Facility Uses 1. Public, semi-public and private parks; 2. Recreation and open space including playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries; Ordinance No. 1139 Attachment E Page 2 3. Private boat docks, swimming pools and game courts; 4. City hall, fire and police stations and other municipal uses; and 5. Other uses of a similar nature and character. 51.3 ACCESSORY USES – In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 51.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. All specific uses permitted in the Single Family Residential Estate (RE) district under Section 45 shall be permitted in the RE-7 Single Family Residential Estate district. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. 51.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than forty (40) feet. c. Side Yard: There shall be a side yard of not less than twenty-five (25) feet. d. Rear Yard: There shall be a rear yard of not less than forty (40) feet. e. Maximum Lot Coverage: All buildings or structures (both principal and accessory) shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed five percent (5%) of the lot area. (As amended by Ordinance No. 480-C.) f. Lot Area: The minimum area of a lot shall be three hundred four thousand nine hundred and twenty (304,920) square feet. g. Lot Dimensions: Each lot shall have a minimum width of three hundred (300) feet and a minimum depth of three hundred (300) feet. h. Floor Area: The main residence shall contain a minimum of two thousand (2,000) square feet of floor area. Ordinance No. 1139 Attachment E Page 3 i. Maximum Residential Density: The maximum number of dwelling units per acre shall be 1:7. 51.6 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. All special exception uses permitted in the Single Family Residential Estate (RE) district under Section 44 shall be permitted in the RE-7 Single Family Residential Estate district. 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 3 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. SECTION 4 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. Ordinance No. 1139 Attachment E Page 4 SECTION 5 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 6 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 7 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 fifteen (15) 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 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. Ordinance No. 1139 Attachment E Page 5 PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2016. _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2016. _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Ordinance No. 1139 Attachment E Page 6