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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 Page 2 of 10 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 Page 3 of 10 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 Page 4 of 10 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 Page 5 of 10 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. Page 6 of 10 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. Page 7 of 10 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. Page 8 of 10 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. Page 9 of 10 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 Page 10 of 10