Loading...
Item 7A `1 A CITY OF ,TNI SOUTHLAKE U MEMORANDUM September 18, 2017 To: Shana Yelverton, City Manager From: Ken Baker, AICP— Senior Director of Planning & Development Services Subject: Proposed Amendments to the City of Southlake Zoning Ordinance Action Requested: Consider 1st reading approval of the proposed Ordinance No 480-XXXX. Background Information: In the administration of the Zoning Ordinance, staff has identified areas lacking clarity. This amendment will better reflect staff's current interpretation and application of the existing ordinances with regard to lot coverage and accessory structures, will shift the final approval authority of portable buildings from Zoning Board of Adjustment to City Council, provide a minimum site expansion threshold in order to require construction of sidewalks and provide City Council variance authority for sidewalks required under the Zoning Ordinance The amendments propose the following • Clarification between lot coverages and maximum permitted accessory building area within the residential districts; • Addition of residential accessories not currently listed such as outdoor fire pits/fire places/kitchens and flag poles, • Change portable buildings from Special Exceptions Use under Zoning Board of Adjustment approval to Specific Uses Permits under City Council approval; • Establish a minimum site expansion threshold for when sidewalks are required and provide City Council variance authority; • Correct miscellaneous section references and numbering 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 anticipated to be on October 3, 2017 PZ Commission Action: September 7, 2017 the Planning and Zoning Commission voted 6-0 to recommend approval of Ordinance No 480-XXXX, amendment to the City of Southlake Comprehensive Zoning Ordinance No 480, as Ord. No 480-XXXX Page 1 amended, as presented subject to the Staff Memorandum dated September 7, 2017 Legal Review: This item is under review by the City Attorney Attachments: (A) Full Redline Changes (B) Ordinance 480- 000( (C) LinK Presentat,or Ord No. 480-XXXX Page 2 ATTACHMENT "A" 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; RE-5 & RE-7 SECTIONS 10.5 & 51.5 Remove language regarding "Accessory Structures" from the "Lot Coverage" subsection and add 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, j.1.i. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 5% of the lot area SF-1A (SF-1B) SECTION 11.5 (SECTION 12) e. Maximum Lot Coverage: All buildings shall have a maximum lot coverage not exceeding twenty percent (20%) 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 % or 4,000 sq ft. of the lot area SF-2 SECTION 50.5 e. Maximum Lot Coverage: All buildings = - - - - -- -- - - - -- - - accessory) shall have a maximum lot coverage not exceeding twenty percent (20%) 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 % of the lot area SF-30 SECTIONS 13.5 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 j. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 750 square feet. Ord No 480-XXXX Page 3 SF20A (SF-20B) SECTIONS 14.5 (15) e Maximum Lot Coverage All buildings or structure& shall have a maximum lot coverage not exceeding twenty percent (30%) of the lot area, except the sum j. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 600 square feet. MF-1 SECTION 16.5 e Maximum Lot Coverage All buildings shall have a maximum lot coverage not exceeding twenty percent (30%) of the lot area, except the sum I. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed one hundred (100) square feet. MH SECTION 29.6 h Maximum Lot Coverage — Lots having an area of ten-thousand (10,000) square feet or less, all buildings or structures shall have a maximum lot coverage not exceeding forty five percent (45%) of the lot area and Lots having an area greater than ten-thousand (10,000) square feet shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area. i. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 600 square feet. Ord. No 480-XXXX Page 4 •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 with no minimum setback from a property line. 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-X00( Page 5 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 two applications in order to receive approval. This amendment proposes removing this from Special Exception Uses and allowing this use with approval of a Specific Use Permit under Section 45 of the Zoning Ordinance. The regulation proposed would closely follow those under the current SEU section and those for Temporary Construction or Sales Facilities. The Proposal is as follows. Remove from SECTION 44.12.5 SPECIAL EXCEPTION USE POWERS and Insert under SECTION 45.1.51 to be permitted is all district except RE-5, RE-7, SF-1A, SF-1B, SF-2, SF-30, SF-20A, SF-20B, MF-1, MF-2, MH, PLOT SITE PLAN REQUIRED 11.12.5 45.1.51 Portable buildings not otherwise permitted under this ordinance, subject to the following requirements of 45.21. 45.21 SPECIFIC REGULATIONS FOR PORTABLE BUILDINGS NOT OTHERWISE PERMITTED UNDER THIS ORDINANCE 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, unless otherwise approved by the City Council. 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 : -- - - --- - et- - e" • - - • - - - - - - - - - - - - �, hark-suf#ased 1) Provide parking &hall be provided for in accordance with use of the portable buildings as prescribed in Section 35 of this ordinance, 2) Be skirted on the front and sides; 3) Provide foundation landscape planting consisting of one (1) five-gallon shrub per four (4) linear feet around skirting (excluding entrances); d Portable buildings shall be maintained in a neat and presentable condition at all times Upon expiration of the special-exception specific use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition e. The plot site plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure Ord. No 480-X0 ( Page 6 f. Portable buildings may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics. 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 fequiring 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. 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 Ord. No 480-XXXX Page 7 ATTACHMENT "E" ORDINANCE NO. 480-XXXX AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING DEVELOPMENT REGUALTIONS TO PROVIDE CLARIFICATION BETWEEN MAXIMUM LOT COVERAGE AND MAXIMUM PERMITTED ACCESSORY BUILDING AND STRUCTURE AREA WITHIN THE SINGLE FAMILY RESIDENTIAL, TWO FAMILY RESIDENTIAL ,AND MANUFACTURED HOUSING DISTRICTS; AMENDING SECTION 34 "ACCESSORY" USES TO ADD USES AND STRUCTURES AND MINIMUM SETBACKS; AMENDING SECTION 44.12 "SPECIAL EXCEPTION USES" BY REMOVING SECTION 44.12.5 "PORTABLE BUILDINGS" AND INSERTING UNDER SECTION 45 "SPECIFIC USE PERMITS" AND AMENDING DEVLEOPEMNT REGULATIONS; AMEND SIDEWALK REGUALTIONS; CORRECT REFERENCES AND NUMBERING; 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 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. Ord. No 480-XXXX Page 8 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, Sections 10.5 "RE-5" District and Section 51.5 "RE-7" is hereby amended changing subsections e. and j.1 i. as follows. e Maximum Lot Coverage: All buildings or structure& shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the eum total of 0 j 1 i The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 5% of the lot area SECTION 2 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 11.5 "SF-1A" District is hereby amended by changing subsection e. and subsection j.1.i as follows: e. Maximum Lot Coverage All buildings or structures shall have a maximum lot coverage not exceeding twenty percent (20%) 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 % or 4,000 sq ft. of the lot area SECTION 3 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 50.5 "SF-2" District is hereby amended by changing subsection e. and subsection j.1.i as follows: e. Maximum Lot Coverage: All buildings or structures (both principal and accessory} shall have a maximum lot coverage not exceeding twenty percent (20%) 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 % of the lot area SECTION 4 Ord. No 480-XXXX Page 9 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 13.5 "SF-30" District is hereby amended changing subsection e. and adding subsection j. as follows: e. Maximum Lot Coverage. All buildings er—strustufes shall have a maximum lot coverage not exceeding twenty percent (20%) of the lot area, except the sum - -- j. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 750 square feet. SECTION 5 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 14.5 "SF-20" District is hereby amended changing subsection e. and adding subsection j. as follows: e Maximum Lot Coverage All buildings or—structures shall have a maximum lot coverage not exceeding twenty percent (30%) of the lot area, except the sum j. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 600 square feet. SECTION 6 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 16.5 "MF-1" District is hereby amended changing subsection e. and adding subsection I. as follows: e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty percent (30%) of the lot area, except the sum I. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed one hundred (100) square feet. SECTION 7 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 29.6 "MH" District is hereby amended changing subsection h. and adding subsection i. as follows: MH SECTION 29.6 h Maximum Lot Coverage — Lots having an area of ten-thousand (10,000) square feet or less, all buildings or structures shall have a maximum lot coverage not exceeding forty five percent (45%) of the lot area and Lots having an area greater than ten-thousand (10,000) square feet shall have a maximum lot Ord. No 480-XXXX Page 10 coverage not exceeding thirty percent (30%) of the lot area The sum total of i. The sum total of all accessory structures and buildings having a roof on the lot shall not exceed 600 square feet. SECTION 8 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 34.1.g under "AUTHORIZED ACCESSORY USES" is hereby amended as follows: 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 with no minimum setback from a property line. 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 SECTION 9 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 34.2.a. under "ACCESSORY BUILDING" is hereby amended as follows: a 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 des 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 SECTION 10 Ord No 480-XXXX Page 11 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Sections 44.12.5 "Portable Buildings" under "SPECIAL EXCEPTION USE POWERS" is hereby deleted and the subsection renumbered in consecutive order SECTION 11 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 45 "SPECIFIC USE PERMITS" is hereby amended by adding subsections 45.1.51 and 45.21 as follows: 51 Portable buildings not otherwise permitted under this ordinance, subject to All except RE-5, the requirements of 45.21 RE-7, SF-1A, SF- 1B, SF-2, SF-30, SF-20A, SF-20B, MF-1, MF-2, MH, PLOT SITE PLAN REQUIRED 45.21 SPECIFIC REGULATIONS FOR PORTABLE BUILDINGS NOT OTHERWISE PERMITTED UNDER THIS ORDINANCE 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, unless otherwise approved by the City Council. 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 : -- - - -'e - -- - -- - - • - - - - •- - - - - - additien hard surfaced 1) Provide parking (hall be provided for in accordance with use of the portable buildings as prescribed in Section 35 of this ordinance; 2) Be skirted on the front and sides; 3) Provide foundation landscape planting consisting of one (1) five-gallon shrub per four (4) linear feet around skirting (excluding entrances), d. Portable buildings shall be maintained in a neat and presentable condition at all times Upon expiration of the special-exception specific use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition Ord No 480-XXXX Page 12 e The plot site plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure f. Portable buildings may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics SECTION 12 Ordinance No 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, Section 33.19 "SIDEWALK REQUIREMENTS" is hereby amended as follows: 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 fequiring 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. SECTION 13 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, is hereby amended by correcting the following references: 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 14 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 Ord No. 480-XXXX Page 13 with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed SECTION 15 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 16 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 17 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 Ord No. 480-XXXX Page 14 ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 18 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 19 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 20 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 , 2017. MAYOR Ord No 480- 0XX Page 15 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 Ord No. 480-X)00( Page 16