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Item 6B Ord. No. 480-ZZZZ Page 1 M E M O R A N D U M June 11, 2019 To: Shana Yelverton, City Manager From: Ken Baker, AICP – Senior Director of Planning & Development Services Subject: Ordinance No. 480-ZZZZ, Proposed Amendments to the City of Southlake Zoning Ordinance, as amended Action Requested: Conduct a public hearing and consider 2nd reading approval of the proposed Ordinance No. 480-ZZZZ. Background Information: The purpose of this item is to amend the City of Southlake Zoning Ordinance No. 480, as amended, to provide flexibility for residential accessory buildings in regard to coverages, placement and family/domestic employee quarters. More specifically, the amendment proposes the following: 1) Clarify definitions for a Domestic Employee/Family Quarters and Attached Accessory Building or Structure; 2) Exempt detached garages (1,000 sf maximum) and detached family/domestic employee quarters from the maximum permitted accessory structure area (currently requires approval of Special Exception Use (SEU) if over the permitted aggregate or cumulative area); 3) Allow one (1) family/domestic quarters that is internal or attached to the principal residence or which is attached to or above a detached garage as a permitted accessory use with administrative approval (currently requires approval of a SEU by the Board of Adjustment); 4) Remove specific maximum floor area for family/domestic employee quarters in the SF-1 and larger residential zoning districts (currently has a maximum of 1,000 sf in SF-30 and 2,000 sf in SF-1 and larger all residential districts); 5) Remove the restrictions regarding placement of detached family/domestic employee quarters in relation to the principal residence and visibility from the street (currently requires quarters to be 30 feet behind the principal dwelling or not visible from the street; Must still meet district and accessory building setbacks; subject to Ord. No. 480-ZZZZ Page 2 such limitations and requirements as the Board of Adjustment deems to be necessary to protect adjacent properties); 6) Allow an accessory building forward of the principal building by Special Exception Use (currently requires approval of a variance or SUP; Must still meet district and accessory building setbacks; subject to such limitations and requirements as the Board of Adjustment deems to be necessary to protect adjacent properties). Citizen Input/ Board Review: A City Council work session was held at their March 19, 2019 meeting; Link to City Council Work Session A SPIN meeting was held on May 14, 2019. Link to SPIN Report P & Z Action: May 23, 2019; Approved (6-0) subject to incorporating the Commission’s discussion of the item this evening. (Discussion included better defining the term “attached accessory building/dwelling unit” requiring it to be architecturally integral and seamless with the principal building and adding prohibitive language regarding use of hallways extensions for the purpose of connecting the buildings.) City Council Action: June 4, 2019; Approved (7-0) subject to the Staff Report dated May 28, 2019 Legal Review: This item is under review by the City Attorney. Attachments: (A) Full Redline Changes (B) Ordinance 480-ZZZZ (C) Link to City Council Work Session Staff Contact: Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Amendment Proposals Ordinance 480, Section 4 - Definitions DOMESTIC EMPLOYEE AND FAMILY QUARTERS - An accessory building located on the same lot with the main building and used as living quarters, including provisions for sleeping, cooking and sanitation, by persons employed on the premises or by the family of the owner of the premises and not to be rented or otherwise used as a separate domicile. ACCESSORY BUILDING OR STRUCTURE–A subordinate building or structure which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and complimentary or incidental to the conduct of the primary use of such building or principal use of the property. A building housing an accessory use is considered an integral part of attached to the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as Ord. No. 480-ZZZZ Attachment A Page 1 an integral and seamless part of the main building which otherwise, architecturally appears to be a single building. Ordinance 480, Section 34.1 Accessory Uses e. Private residential garages, carports and related storage buildings and greenhouses accessory to permitted residential uses. Permitted in AG, RE-5, RE-7, RCS, SF-1A, SF-1B, SF-2, SF-30, SF-20A, SF-20B, MF-1, MF-2, MH, DT*, TZD*, EC*; * Shall apply only to approved single-family residential uses in the DT, TZD, and EC zones 1. One (1) detached private residential garage not exceeding 1,000 square feet in building area and not part of the main building, shall not be counted toward the sum total of accessory building area, but shall be counted toward the maximum permitted lot coverage. Any such detached garage exceeding 1,000 feet in building area shall be counted in its entirety toward the cumulative permitted accessory building area. Permitted in SF-1A, SF-1B, SF-2, RE-5, RE-7 jj. Domestic employee or family quarters for residents employed on the premises or family members of the owner of the premises shall not be rented or otherwise used as a separate domicile and provided that the quarters are accessory to and subordinate to the principal single family use and structure. Such quarters must be attached to or internal within the principal residential dwelling. Only one (1) domestic employee or family quarters may be permitted as part of the principal residential unit under this provision. Permitted in AG, RE-5, RE-7, RCS, SF-1A, SF-1B, SF-2, SF-30, SF-20A, SF20B, *R-PUD, EC*, DT *, *Shall apply only to approved single-family residential uses in the R-PUD, EC, DT zone. kk. Domestic employee or family quarters for residents employed on the premises or family members of the owner of the premises shall not be rented or otherwise used as a separate domicile and provided that the quarters are accessory to and subordinate to the principal single family use and structure, where such quarter is part of a detached residential garage and the floor area of the quarters shall not exceed fifty percent (50%) of the building area of the garage if attached to the garage or one-hundred percent (100%) of the building area of the garage if above the first floor of the garage. The building area (footprint) of the quarters shall not exceed 1,000 square feet nor shall the building area count toward the cumulative permitted area of accessory building permitted by the underlying zoning district. Only one (1) domestic employee or family quarters may be permitted as part of the principal residential unit under this provision. Permitted in AG, RE-5, RE-7, SF-1A, SF-1B, SF-2. Ordinance 480, Section 44.12 Board of Adjustment Special Exception Use Powers 1. Domestic employee or family quarters for residents employed on the premises or family members of the owner of the premises, which is not otherwise permitted as an accessory use under Section 34.1 of this ordinance, shall not be rented or otherwise used as a separate domicile provided the quarters are accessory to and subordinate to the principal single family use and structure the gross inhabitable square footage of the floor area shall not exceed two thousand (2,000) square feet except that the gross inhabitable floor area in SF-30 zoning shall not exceed one thousand (1,000) square feet, Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an * Shall apply only to approved single-family residential uses in the DT zone Ord. No. 480-ZZZZ Attachment A Page 1 accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling and shall not be counted toward the sum total of accessory building area, but shall be counted toward the maximum permitted lot coverage. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling, and cannot be accommodated by the existing system. Permitted in AG, RE-5, RE- 7, RCS, SF-1A, SF-1B, SF-2, SF-30, DT* CONCEPT PLAN REQUIRED; * Shall apply only to approved single-family residential uses in the DT zone. 7. Accessory buildings located forward of the principal building on the lot. Permitted in AG, SF- 1A, SF-1B, SF-2, RE-5, RE-7, PLOT PLAN, ELEVATIONS, AND RENDERINGS REQUIRED Ordinance 480, Section 45.1 (43) 43. Accessory buildings located in the front yard. Permitted in SF-1A, SF-1B, RE-5 and RE-7 PLOT PLAN REQUIRED Ord. No. 480-ZZZZ Attachment B Page 1 ORDINANCE NO. 480-ZZZZ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 4 (DEFINITIONS), SECTION 34 (ACCESSORY USES), SECTION 44 (BOARD OF ADJUSTMENTS), AND SECTION 45 (SPECIFIC USE PERMITS) TO PROVIDE FLEXIBILITY FOR RESIDENTIAL ACCESSORY BUILDING COVERAGES, AND FAMILY/DOMESTIC EMPLOYEE QUARTERS; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Ord. No. 480-ZZZZ Attachment B Page 2 SECTION 1 Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance, Section 4 is hereby amended by changing subsection e. as follows: Reserved for approved amendments SECTION 2 Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance, Section 34.1 is hereby amended by changing subsection e. as follows: Reserved for approved amendments SECTION 3 Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance, Section 44.12 is hereby amended changing subsections (1) and adding (7) as follows: Reserved for approved amendments SECTION 4 Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance, Section 34.1 is hereby amended by changing subsection e. as follows: Reserved for approved amendments SECTION 5 Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance, 45.1, is hereby amended by changing subsection e. and subsection (43) as follows: Reserved for approved amendments SECTION 6 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-ZZZZ Attachment B Page 3 with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 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 6 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 7 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-ZZZZ Attachment B Page 4 ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 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 9 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 10 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 _______, 2019. ____________________________ MAYOR Ord. No. 480-ZZZZ Attachment B Page 5 ATTEST: ____________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of ________, 2019. ____________________________ MAYOR ATTEST: ____________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY