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.
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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
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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