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Item 17 - 480-UUUU M E M O R A N D U M April 29, 2016 To: Planning and Zoning Commission From: Ken Baker, AICP – Senior Director of Planning & Development Services Subject: Amendment of Zoning Ordinance No. 480-UUUU Action Requested: Conduct a Public Hearing and consider approval of Ordinance No. 480- UUUU, an amendment to the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, to amend regulations pertaining to the 'RE', Single-Family Residential Estate district to include regulations pertaining to accessory structures; to change the designation 'RE', Single- Family Residential Estate district to 'RE-5', Single-Family Residential Estate district and to add a new zoning district 'RE-7', Single-Family Residential Estate. Background Information: The purpose of this item is three-fold. The first purpose is to change the name of the ‘RE’, Single-Family Residential Estate District to ‘RE-5’, Single-Family Residential Estate District. The renaming is proposed in concert with the proposed ‘RE-7’ zoning district and would reflect the minimum 5 acre lot size in the current ‘RE’ district. Other than the changes described in the following paragraph, no changes in regulations or standards are proposed within the ‘RE’ district. All sections of the Zoning Ordinance with reference to “RE” will be updated to reflect “RE-5”. The second purpose is to consider amending Section 10, ‘RE’, Single- Family Residential Estate District to bring regulations for accessory buildings in line with other low density single-family residential zoning districts. Current regulations for accessory structures in the ‘RE’ district limit the height of accessory buildings to 14’ in accordance with Section 34 regardless of the floor area of the structure. The proposed amendment would adopt standards currently found in the ‘SF-1A’, ‘SF-1B’ and ‘SF-2’ zoning districts which allow accessory buildings over 500 square feet in size to be built up to 20 feet provided the building meets certain architectural standards and maintains the setbacks required of the principal structure. Adoption of this provision would not change the maximum lot coverage area for accessory buildings in the ‘RE’ district, which is 5%. The third purpose is the creation and adoption of a new ‘RE-7’, Single- Family Residential Estate District. This district would carry the same regulations and standards as the ‘RE’/’RE-5’ district, including the 480-UUUU Page 1 proposed accessory building standards. Only the minimum lot size would differ, with ‘RE-7’ requiring a minimum lot size of 7 acres. Creation of this district would provide an additional option for owners of large properties in the city to maintain their rural estate characteristics. No property will be rezoned by this ordinance. Overview of the Current Ordinance regulating accessory structures in the ‘RE’ district Section 10.3 (‘RE’, Single Family Residential Estate District) and Section 34.2 (Accessory Uses) of the Zoning Ordinance currently establish a maximum height of 14 feet for accessory buildings in the ‘RE’ district. Structures with a permanent foundation may be built no closer than ten feet (10’) from the property line and structures with no foundation may be built no closer than five feet (5’) from the property line. Purpose for Revision The proposed amendment would allow current owners of property in the ‘RE’ district to construct accessory buildings with more usable area while also ensuring higher architectural standards for those buildings over 500 square feet. PROPOSED CHANGE TO PERMITTED ACCESSORY STRUCTURES WITHIN SEC. 10.5: 10.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: j. Accessory Structure Standards 1. All accessory structures in the RE-5 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 1. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2. Height shall not exceed 20 feet. 3. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. 480-UUUU Page 2 d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 4. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv. Standards in subsection (3) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. Legal Review: This item is under review by the City Attorney. Attachments: (A) Map of Properties zoned ‘RE’ (B) Notification List (C) Notification Response Forms (D) Ordinance 480-UUUU (E) Link to Presentation 480-UUUU Page 3 ATTACHMENT “A” ATTACHMENT “B” Owner Property Address Zoning Acreage Response 1 RE NR ARMISH LLC 1300 SUNSHINE LN 5.470 RE NR 2 BREDENBERG, ROLLIN & DIANE 225 E BOB JONES RD 8.060 RE NR 3 COCANOUGHER, ROBERT 620 S PEYTONVILLE AVE 6.037 1640 AND 1660 E RE NR 4 CURB, BILLY JON CONTINENTAL BLVD 4.108 RE NR 5 CURB, BILLY JON 1640 W CONTINENTAL BLVD 0.942 RE NR 6 DEAN, ROBERT 911 S WHITE CHAPEL BLVD 7.769 RE NR 7 FRIEDLAND, LEWIS D 2001 N PEYTONVILLE AVE 6.797 RE NR 8 HARGETT, GARY 1111 S WHITE CHAPEL BLVD 11.371 RE NR 9 HILL, KENNETH W 1360 SHADY OAKS DR 5.293 RE NR 10 KEY, DOROTHY 300 DAVIS BLVD 6.092 480-UUUU Page 4 Owner Property Address Zoning Acreage Response 500, 504 AND 600 DAVIS RE NR 11 KUELBS, GREGORY G BLVD 5.503 RE NR 12 KUELBS, GREGORY G 600 DAVIS BLVD 3.064 RE NR 13 KUELBS, GREGORY G 504 DAVIS BLVD 2.027 RE NR 14 KUELBS, JOHN A 611 S WHITE CHAPEL BLVD 5.873 RE NR 15 LAMON, MICHAEL & SUSAN 275 E BOB JONES RD 6.601 RE NR 16 LANE, PETER 2787 RIDGECREST DR 6.500 RE NR 17 LEDBETTER, KAREN 925 N PEYTONVILLE AVE 8.440 RE NR 18 LEGACY LIMITED, LLC 300 W BOB JONES RD 10.449 RE NR 19 MANTHEIY, PEGGY 200 DAVIS BLVD 5.076 RE NR 20 POLLARD, ROBERT 500 N PEYTONVILLE AVE 9.884 RE NR 21 RAMIREZ, R CARLOS 223 LILAC LN 6.739 RE NR 22 SMITH, KERRY LYNN 2777 RIDGECREST DR 1.012 RE NR 23 SYKES, J R 720 S WHITE CHAPEL BLVD 15.154 NR 24 SUPERINTENDENT OF NORTHWEST ISD NR 25 SUPERINTENDENT OF CARROLL ISD Superintendent of Grapevine Colleyville NR 26 ISD NR 27 SUPERINTENDENT OF KELLER ISD Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Responses Received: None (0) 480-UUUU Page 5 ATTACHMENT “C” Reserved for Property Owner Reponses 480-UUUU Page 6 ATTACHMENT “D” ORDINANCE NO. 480-UUUU AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING THE “RE” RESIDENTIAL ESTATE DISTRICT TO “RE-5” RESIDENTIAL ESTATE DISTRICT; AMENDING REGULATIONS WITH REGARD TO ACCESSORY STRUCTURES WITHIN SAID DISTRICT; ADDING 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 change 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 480-UUUU Page 7 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: (b) Section 4.2, as it pertains to the definition of Noncommercial Use; (c) Section 7.1.3; (d) Section 10 within the title block and subsection 10.1; (e) 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); (f) Section 39.2b(2); (g) Section 42 (Table One), (Table Two) and (Table Three); (h) Section 43.12 and Exhibit 43-C; (i) Section 44.12(1), 44.12(3), 44.12(4), 44.12(5); (j) Section 45.1(8), 45.1(12), 45.1(31); (k) Section 50.3, 50.4, and 50.6; SECTION 2 Ordinance No. 480, as amended, is hereby amended to add the following language to Section 10.5 with regard to accessory structures: j. Accessory Structure Standards 1. All accessory structures in the RE-5 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. 480-UUUU Page 8 iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 1. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2. Height shall not exceed 20 feet. 3. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 4. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv. Standards in subsection (iii) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. SECTION 3 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 480-UUUU Page 9 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 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 480-UUUU Page 10 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. 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. 480-UUUU Page 11 i. Maximum Residential Density: The maximum number of dwelling units per acre shall be 1 dwelling unit per 7 acres. j. Accessory Structure Standards 1. All accessory structures in the RE-7 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 1. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2. Height shall not exceed 20 feet. 3. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 4. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv. Standards in subsection (iii) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. 480-UUUU Page 12 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(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); (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. SECTION 6 No property in the City of Southlake shall have its current zoning changed by this ordinance. SECTION 7 480-UUUU Page 13 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. 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 480-UUUU Page 14 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. SECTION12 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 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. 480-UUUU Page 15 ____________________________ 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 480-UUUU Page 16