Item 7B CITY OF
SOUTH LAKE
MEMORANDUM
March 30, 2016
To: Shana Yelverton, City Manager
From: Ken Baker, Sr. Director of Planning and Development Services
Subject: Item 713: Approve a new RE-7 zoning district and rename
existing RE zoning district to RE-5.
Action
Requested: Approve the addition of an `RE-7' Single Family Residential
Estate Zoning district and rename `RE' Single Family
Residential Estate Zoning district to RE-5.
Background
Information: The proposal for a new zoning district which would restrict the
size of affected lots to 7 acres developed as part of a larger
initiative to protect the remaining large lot rural residential
properties in the City of Southlake. At its inaugural meeting on
December 2, 2015, the Southlake 2030 Corridor Planning
Committee discussed ways to conserve these properties in the
City. The RE-7 zoning developed in part from these
discussions. The proposal was presented to citizens at a SPIN
meeting on January 26, 2016 and to the Planning and Zoning
Commission on February 4, 2016. The RE-7 zoning as
proposed in Ordinance 1139 would contain regulations
identical to the existing RE district, with the exception of
minimum lot size. For clarity and consistency, the RE district
would be changed to RE-5 by Ordinance 1139.
Financial
Consideration: Not applicable.
Strategic Link: CB03 — Engage in thoughtful planning to ensure continued
high quality development that is integrated well into the current
built environment.
CB05 — Improve quality of life through progressive
implementation of Southlake's Comprehensive Plan
recommendations.
Item 713: Establishment of RE-7 zoning district
Citizen Input/
Board Review: January 2, 2015 — Southlake 2030 Corridor Planning
Committee;
January 26, 2016 — SPIN meeting;
February 4, 2016 — Southlake Planning and Zoning
Commission.
Legal Review: Not applicable at this time.
Supporting
Documents:
• Ordinance 1139
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Item 713: Establishment of RE-7 zoning district
ORDINANCE NO. 1139
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF SOUTHLAKE, TEXAS; AMENDING THE RE
RESIDENTIAL ESTATE DISTRICT IN TITLE ONLY TO RE-5
RESIDENTIAL ESTATE DISTRICT; 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 amendment to the title of the RE Single-Family Residential
Estate District to RE-5 Single-Family Residential Estate District will provide greater
clarity and consistency and promote the goals of the City's zoning ordinance and
land development code and of the Southlake 2030 Plan; and
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Item 713: Establishment of RE-7 zoning district
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. 480, as amended, the City of Southlake's Comprehensive
Zoning Ordinance, is hereby amended to change "RE" or Single Family Residential
Estate `RE' to "RE-5" or Single Family Residential Estate `RE-5', as applicable, on
the official zoning map of the City and within the following sections:
(a) Section 4.2, as it pertains to the definition of Noncommercial Use;
(b) Section 7.1.3;
(c) Section 10 within the title block and subsection 10.1;
(d) Section 34.1(b), 34.1(c), 34.1(d), 34.1(e), 34.1(f), 34.1(g), 34.1(i), 34.1(j)
34.1(k), 34.1(w)(1), 34.1(w)(2), 34.1(aa), 34.1(ee) and 34.1(ff);
(e) Section 39.2b(2);
(f) Section 42 (Table One), (Table Two) and (Table Three);
(g) Section 43.12 and Exhibit 43-C;
(h) Section 44.12(1), 44.12(3), 44.12(4), 44.12(5);
(i) Section 45.1(8), 45.1(12), 45.1(31);
(j) Section 50.3, 50.4, and 50.6;
SECTION 2
Ordinance No. 480, as amended, is hereby amended to add 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
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Item 713: Establishment of RE-7 zoning district
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 descried 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;
3. Private boat docks, swimming pools and game courts;
4. City hall, fire and police stations and other municipal uses;
and
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Item 713: Establishment of RE-7 zoning district
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-5) 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.
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Item 713: Establishment of RE-7 zoning district
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.
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 "RE-5" Single
Family Residential Estate district under Section 44 shall be permitted in
the RE-7 Single Family Residential Estate district.
SECTION 4
Ordinance No. 480, as amended, is hereby amended to add "RE-7" or Single
Family Residential Estate `RE-7', as applicable, to the official zoning map and as a
zoning district with regulations, restrictions, specifications and privileges identical to
Single Family Residential Estate `RE-5' within the following sections:
(a) Section 4.2, as it pertains to the definition of Nonresidential Use;
(b) Section 7.1.31;
(c) Section 34.1(b), 34.1(c), 34.1(d), 34.1(e), 34.1(f), 34.1(g), 34.1(1), 34.10),
34.1(k), 34.1(w)(1), 34.1(w)(2), 34.1(aa), 34.1(ee) and 34.1(ff);
(d) Section 39.2b(2);
(e) Section 42 (Table One), (Table Two) and (Table Three);
(f) Section 43.12 and Exhibit 43-C;
(g) Section 44.12(1), 44.12(3), 44.12(4), 44.12(5);
(h) Section 45.1(8), 45.1(12), 45.1(31);
(i) Section 50.3, 50.4, and 50.6;
SECTION 5
Ordinance No. 480, as amended, is hereby amended by amending Section
7.1 to replace "thirty (30)" with "thirty-one (31)" as it pertains to the number of
zoning districts within the City of Southlake.
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Item 713: Establishment of RE-7 zoning district
SECTION 6
No property in the City of Southlake shall have its current zoning changed by this
ordinance.
SECTION 7
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 8
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 9
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.
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Item 713: Establishment of RE-7 zoning district
SECTION 10
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 11
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 12
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.
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Item 713: Establishment of RE-7 zoning district
SECTION 13
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 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
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