Loading...
Item 6 - 480-XXXX Ord. No. 480-XXXX Page 1 M E M O R A N D U M September 1, 2017 To: Planning and Zoning Commission From: Ken Baker, AICP – Senior Director of Planning & Development Services Subject: Proposed Amendments to the City of Southlake Zoning Ordinance Action Requested: Conduct a public hearing and consider approval of the proposed Ordinance No. 480-XXXX. Background Information: The purpose of this item is to discuss proposed clarification and corrections to a variety of regulations within the Zoning Ordinance and address a Tier 1 recommendation in the 2030 Mobility Plan related to sidewalk requirements. In the administration of the Zoning Ordinance, staff has identified areas lacking clarity. This amendment is intended to add language to the ordinance addressing these deficiencies. Additionally, following past amendments to the Zoning Ordinance, various section numbers and references were not updated. This amendment is intended to correct these omissions. Finally, the 2030 Mobility Plan included a Tier 1 recommendation to amend relevant ordinances to remove sidewalk exemptions and to clarify a minimum sidewalk width of 5 feet. Amendments to both the Zoning Ordinance and Subdivision Ordinance are proposed to address the sidewalk issues. Link to PowerPoint Presentation . Ord. No. 480-XXXX Page 2 Amendment Proposals Zoning Ordinance No. 480, as amended Accessory Structures and Uses:  Clarify “Lot Coverage” (maximum cumulative area) for accessory buildings and structures in residential districts; language needs to be added to clarify that the cumulative maximum area permitted for detached residential accessory structures includes all structures having a roof; SECTIONS 10.5 & 51.5 RE-5 & RE-7 Remove language regarding “Accessory Structures” from the “Lot Coverage” subsection and add correct the maximum lot percentage in the Accessory subsection: e. Maximum Lot Coverage: All buildings or structures 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. j.1.i. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 3 5% of the lot area or 4,000 sq.ft. SECTION 11.5 (SECTION 12) SF-1A (SF-1B) j.1.i. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 3 % or 4,000 sq.ft of the lot area. SF2 j.1.i. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 3 % of the lot area. SECTIONS 13 & 14 (15) SF30 & SF20A (SF-20B) e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty percent (20%) of the lot area, except the sum total of accessory buildings shall not exceed 750 square feet. j. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 750 (SF-30) 600 (SF-20) square feet of the lot area. Ord. No. 480-XXXX Page 3  Address provisions and setbacks for structures other than buildings, such as outdoor kitchens, fireplaces, fire pits; SECTION 34.1 g. The following residential accessory structures may be located in the side, rear, or front yard: i. Gazebos, arbors, pergolas, and trellises that are less than 120 square feet. ii. Water well houses less than 50 square feet iii. Fountains, ponds, and ornamental pools that are part of the residential landscaping meeting the standards in 34.1 (f) iv. Flag poles subject to maximum permitted district height v. Outdoor fire places and fire pit subject to maintaining a minimum of ten (10) feet from combustible structures as approved by the City Fire Marshal The following residential accessory structures shall only be permitted in the side or rear yard, not forward of the principal building on the lot: i. Batting cages, play structures, and pet houses ii. Breezeways located at or behind the principal structure iii. Decks and play courts iv. Outdoor kitchens  Clarify minimum setbacks for detached residential accessory buildings and structures within certain districts. SECTION 34.2a Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard, unless otherwise permitted by the underlying district minimum yard requirements. Those structures buildings not on a permanent foundation may be placed as close as five feet (5') to a property line located in the rear yard unless otherwise permitted by the underlying district minimum yard requirements. All other structures greater than eight (8) feet in height shall be a minimum of 10 feet from the property line Ord. No. 480-XXXX Page 4 Portable Buildings:  Special Exception Use regulations for portable buildings require that the building have a masonry façade in compliance with the City’s Masonry Ordinance. A variance is commonly needed to this requirement due to the inherent nature of a portable building. Special Exceptions Uses are considered by the Zoning Board of Adjustments and Masonry variances are considered by the City Council. This requires the applicants to process t wo applications in order to receive approval. This amendment proposes removal of the masonry requirement. SECTION 44.12. SPECIAL EXCEPTION USE POWERS 5. Portable buildings not otherwise permitted under this ordinance, subject to the following requirements: (As amended by Ord. 480-J, Ord. 480-UUUU) a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall be for a maximum period of three (3) years. b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or shall meet all requirements of the City's building code. c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. In addition, hard surfaced parking shall be provided for portable buildings. d. Portable buildings shall be maintained in a neat and presentable condition at all times. Upon expiration of the special exception use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The plot plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. Correct miscellaneous section references: There are several references to other sections within the Zoning Ordinance as well as other City codes which need to be updated. This amendment is intended to correctly align all references including the following: Section 4 Definitions – “Building Line” Change references to pages 4-23 and 4-24; Section 39.6 “FENCING AND SCREENING” “NON-RESIDENTIAL DISTRICTS – Change reference from Section 39.6b to Section 39.6a. Section 45 “Specific Use Permits”– Correct reference numbers to correspond with current regulation sections and renumber in consecutive order. Section 51 “RE-7” – renumber subsection to references to from 10 to 51. Ord. No. 480-XXXX Page 5 Sidewalks: Zoning Ordinance No. 480, as amended  The Zoning Ordinance requires sidewalks for all development requiring City Council approval of a site plan. In some instances, in particular with building elevation changes to existing sites where there is no increase in building floor area or intensity of use, the requirement may not be roughly proportional to the development. The proposal is to set a threshold for when sidewalk construction is required related to increases in floor area or off-street parking of the site. Additionally, the proposal is to add a provision in which the City Council can consider a variance to the sidewalk requirement where a hardship or practical difficulty exists; SECTION 33.19 SIDEWALK REQUIREMENTS –For all new development or existing development which increases the existing floor area of building(s) or the number of parking spaces by twenty (20) percent or more and requiring require a City Council approved site plan, a five (5)-foot wide concrete sidewalk shall be provided along all adjacent public streets unless identified in the city’s Pathways Plan, in which case the Subdivision Ordinance No. 483, as amended, Section 5.06 shall apply. In addition, all non-residential development shall provide pedestrian access to the City’s existing or future trail system as identified in any City Council adopted plan. The City Council may grant a variance to this regulation where compliance would present extraordinary difficulties: i. in the use of the property or; ii. to construct due to characteristics of the development or surrounding properties.