Item 7B CITY OF
SOUTHLAKE
MEMORANDUM
September 12, 2017
To: Shana Yelverton, City Manager
From: Ken Baker, AICP - Senior Director of Planning & Development Services
Subject: Amendment to the Subdivision Ordinance No. 483-Q
Action
Requested: Consider 1" reading approval of the proposed Ordinance No. 483-Q.
Background
Information: The purpose of this item is to consider amending Article V, Section
5.06.B.2.d. regarding exemptions to sidewalk requirements and Section
5.06.C.1 regarding specifications for sidewalk widths.
The Subdivision Ordinance requires sidewalks where subdivision platting
is required. Currently, single lot residential subdivisions are exempt
unless sidewalks exist on both sides of the lot or the lot is within 1,500
feet of a school and on the same side of the street. Additionally, the
minimum required width of a sidewalk is 4 feet. The Southlake 2030
Mobility Plan included a Tier 1 recommendation to remove the
exemptions and to set the minimum width at 5 feet. The proposed
amendment addresses both.
ARTICLE V, SECTION 5.06.
B.2.D, EXEMPTIONS
€Xe ns: A Fes+delat+a; let t#-at is platted as a-s+Rgle IGtefrese-Ird- is
eVeMpt fr^m this req JiremerPt i finless•
i 2odp ;;lhs Are evistiRg OR h^th sid-es ^f the Int• ^r
Ir'nete� thio 1,500 f ^f a P ihlin ^r PFi443 h^^I
vcc � r�--rw�eet to ss„wr
ar> s Cir the sameside ^f the street.
C.1 SIDEWALK SIZE AND LOCATION
Sidewalk Size and Locations: All sidewalks shall be at least feer feet
wide or in conformance with the Trail System Master Plan, whichever is
greater, and shall be located between the curb or grade line of the public
street and the ROW line or public access easement if approved by the
city, no closer than two (2) feet to the curb or grade line. The City
Engineer or Building Official may alter alignment so that the sidewalk
meanders within the area between the curb and right-of-way line.
483-Q Page 1
Where a hardship or difficulty exists, the City Council has authority under
Article IX, Section 9.01 to grant modification or variance to the regulation.
Citizen Input/
Board Review: August 31, 2017; Corridor Planning Committee;
September 12, 2017, SPIN meeting;
September 7. 2017, Public Hearing held by the Planning and Zoning
Commission;
A Public Hearing will be held by the City Council upon 2nd reading of this
item.
Legal Review: This item is under review by the City Attorney.
PZ Commission
Action: September 7, 2017 the Planning and Zoning Commission voted 6-0 to
recommend approval of an amendment to the City of Southlake
Subdivision Ordinance No. 483, as amended, as presented subject to the
Staff Memorandum dated September 1, 2017.
Attachments: (A) Ordinance 483-Q
(B) Link to Presentatioi
483-Q Page 2
ATTACHMENT "A"
ORDINANCE NO. 483-Q
AN ORDINANCE AMENDING ORDINANCE NO. 483, AS AMENDED,
THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; BY REVISING PROVISIONS WITHIN ARTICLE VIII,
MISCELLANEOUS REQUIREMENTS, SECTION 8.01' LOTTING
REQUIREMENTS AND ARTICLE IV, PROCEDURES FOR PLAT
APPROVAL, SECTION 4.01, GENERAL PROVISIONS; 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 City Council has 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
Article V (Street and Right-of-Way Requirements) of the City's Subdivision Ordinance No. 483,
as amended, is hereby amended by revising the following deleting subsection 5.06.B.2.D
"Exemptions" in its entirety and revising subsection 5.06.C.1 "Sidewalk Size and Locations" as
follows:
Q 7 rJ CXt-QR; tiP R61 A Fesid-a—ptial I1,4 that is platted as a ciRgle 'At r,f reep-F
483-Q Page 3
is exempt from this regi iirement i inlesr
i Sid pw;;lhs ere evistiRg nn tenth sidles of the Int• nr
i.
The 19t�S--I9G;;tP� �e 1,500 f of a e6ihlie er eri4i� heel
ri. � � � �Teet to ss„�
Cir tG� m� e of ttiliatreei.
C.1 SIDEWALK SIZE AND LOCATION
Sidewalk Size and Locations: All sidewalks shall be at least #ems feet
wide or in conformance with the Trail System Master Plan, whichever is
greater, and shall be located between the curb or grade line of the public
street and the ROW line or public access easement if approved by the
city, no closer than two (2) feet to the curb or grade line. The City
Engineer or Building Official may alter alignment so that the sidewalk
meanders within the area between the curb and right-of-way line.
SECTION 2
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 3
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 4
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
483-Q Page 4
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 5
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 6
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 7
The City Secretary of the City of Southlake is hereby directed to post the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) 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 in the
official City newspaper one time within ten (10) days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
SECTION 8
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.
483-Q Page 5
PASSED AND APPROVED on the 1st reading the _day of , 2017.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the_day of , 2017.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
483-Q Page 6