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Item 7A City of Southlake couthi• e Department of Planning • MEMORANDUM May 17, 2002 TO: Honorable Mayor and City Council Members FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance No. 480-NN — AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, as amended, Section 29 "MH — Manufactured Housing" district, Section 34"Accessory Uses"and Section 44 "Board of Adjustments". REQUESTED ACTION: Consider second reading of proposed Ordinance No. 480-NN regarding the "MH - Manufactured Housing" district and associated areas of the "Accessory Uses" and "Board of Adjustments" sections of the Comprehensive Zoning Ordinance No. 480, as currently amended. Li APPLICANT: Four Peaks Development, Inc. BACKGROUND: The purpose of this request is to allow detached single family residential dwellings, or"Site Built" structures within the "MH" Manufactured Housing zoning district and to include the "MH district in the list of accessory uses and special exception uses that are normally associated with single family dwellings. The "MH" district currently permits only Manufactured Homes, Mobile Homes and Modular or Prefabricated Homes within the list of permitted residential uses. Changes to setbacks, plan requirements and the effects residential adjacency are also proposed. The Ordinance Attachment 'A' includes staff comments and recommendations FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: Currently under review by the City Attorney's Office.No comments have been received. L 1 SUPPORTING DOCUMENTS: Attachment A -Proposed Ordinance Changes with Staff Comments Attachment B -Applicant's Comments Attachment C—Ordinance 480-NN P&Z ACTION: March 21, 2002; Approved(4-1) incorporating staff recommendations under (5. f.) and (5. h.), Attachment A, Page 2. COUNCIL ACTION: April 1, 2002; Approved first reading (4-1) allowing single family detached residential dwellings; 7,800 sf. minimum lot area; 10' minimum side yards; table the second reading until May 7, 2002 and require SPIN meeting before the second reading. BP/dkk Attachments (2) N:\Community Development\WP-FILES\MEMO\2002cases\Ordinance 480-NN.doc L 2 ORDINANCE No. 480-NN PROPOSED MODIFICATIONS TO SECTION 29 (and related areas) "MH" MANUFACTURED HOUSING DISTRICT 1. Section 29.1 is unchanged. Staff Comment: Staff recommends adding language to address the permissibility of single family detached dwellings 2. In Section 29.2, we suggest the following modifications (changes are highlighted): 29.2 PERMITTED USES a. Residential Uses. 1. Manufactured Homes as defined by state statute (Tex. Rev. Civ. Stat. Ann., Art 5221f, Sec 3 [Vernon, 1987]). 2. An existing mobile home, as defined by state statute (Tex. Rev. Civ. Stat. Ann., Art 5221f, Sec. 3 [Vernon, 1987]), which was previously legally permitted and used or occupied as a residential dwelling, shall be a legal nonconforming use. Permits for use and occupancy will be granted for the replacement of such mobile homes with a HUD-Code Manufactured Home, pursuant to Tex. Rev. Civ. Stat. Ann., Art 5221f, Sec. 4A (Vernon, 1987). 3. Modular or prefabricated housing 4. Single Family Detached Dwelling (constructed on site) Staff Comment: This will allow a site built single family structure within a manufactured housing or mobile home development. b. Community Facility Uses - City hall, police and fire stations and other municipal uses. 3. Section 29.3 is unchanged. 4. Section 29.4 is unchanged. 5. In Section 29.5, we suggest the following modifications (changes are highlighted): 29.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: L Ord. 480-NN Attachment A Page 1 a. Height: No building or structure hereafter erected, reconstructed, altered or enlarged 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 twenty five (25)fifteen(15) feet. Corner lots shall have a minimum side yard of fifteen(15)ten (10) feet on the second front yard. c. Side Yard: There shall be a minimum side yard requirement of not less than fifteen (15) five (5) feet on all lots, except that corner lots may have a minimum side yard of five (5) feet on the side yards adjacent to interior lots (As amended by Ordinance No. 480-U.) d. Rear Yard: There shall be a rear yard having a depth of not less than fifteen (15) feet. e. Only one residential structure may be placed upon an approved lot. f. Lot Area: The minimum area of a lot shall be six thousand (6,000) square feet, provided that where a lot has less than herein required and was of record and in separate ownership at the time of passage of this ordinance, this regulation shall not prohibit the erection of a mobile home or manufactured home or single family detached dwelling. The minimum lot area for property not served by a sanitary sewer shall be determined by the Zoning Board of Adjustment to provide adequate septic tank drainage. Staff Comment: Staff recommends changing `...at the time of passage of this ordinance... ' to `...at the time of passage of the original Ordinance No. 480 ... ' g. Width of Lots: The width of a lot shall be a minimum of sixty (60) feet at the building line. h. Floor Space: The main residence shall contain a minimum of one thousand two hundred fifty(1,250) square feet of livable floor space, exclusive of garage, porches and breezeways, and incidental storage areas. Staff Comment: Staff recommends adding a Maximum Lot Coverage and a Maximum Accessory Building Area regulation. This district does not currently have this regulation. Due to the minimum lot size permitted in this district, staff believes a maximum 50% Lot Coverage is appropriate. This would allow up to 3,000 square feet of thily aggregate building coverage on a minimum 6,000 sf lot. A maximum Ord. 480-NN Attachment A Page 2 sum total of 600 sf of accessory building per lot. This is in line with Lir the SF-20 single family residential district. 6. Delete Section 29.6 and replace with "Intentionally Deleted". Staff Comment: This is the section requiring that this district meet the "Residential Adjacency Standards". The primary requirements that would affect construction in the "MH"district are masonry requirements, and articulation requirements. Since manufactured homes and mobile homes are not typically masonry nor articulated in their design, staff recommended deletion of this section. 7. In Section 29.7, we suggest the substitution of a Concept Plan (as with other single family residential districts) for the whole rather than approval of a Site Plan for each lot: 29.7 CONCEPT PLAN-A Concept Plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zoning to an MH Manufactured Housing district. Staff Comment: This is another recommendation made by the city staff. The current ordinance requires approval of a site plan by the Planning and Zoning Commission and City Council,for each lot,prior to issuing a building permit. Due to the limited scope of development on these type lots, we did not feel that there was much to gain by the Site Plan requirement. Staff feels that a more appropriate requirement would be a Concept Plan approval along with any request for "MH"zoning. This is similar to the requirements of the "SF-20"and "SF-30"single family residential districts. 8. Section 29.8 is unchanged. 9. Section 34, ACCESSORY USES, is modified by adding "MH" as a District where each of the following Accessory Uses is permitted: g. Lanais,gazebos, etc. i. Home occupation uses, as defined by this ordinance. J. Parking and storage of private boats, etc. k. Model and/or sample homes, etc. Staff Comment: This adds the "MH" district to the list of accessories normally associated with a residential property. 10. The Special Exception Uses in Section 44, BOARD OF ADJUSTMENT, are modified by adding "MH" as a District where each of the following Special Exception Uses is permitted(assuming that such use is approved in accordance with the terms and conditions of the Ordinance): Ord. 480-NN Attachment A Page 3 3. The construction of accessory buildings or structures of a size or aggregate size greater than that permitted under the accessory building requirements of the zoning district in which the property lies. 5. In-home day care per state regulations. 6. In-home swimming lessons. Staff Comment: This adds the "MH" district to the list of special exception uses normally associated with a residential property. L L Ord. 480-NN Attachment A Page 4 L L Ord. 480-NN Attachment B Page 1 Four Peaks Development,Inc. Februan I X.2002 Mr. Bruce Payne Planning Director City of Southlakc 14(10 Main St.Ste 310 Southlake.Texas 76092 RE: Requested Amendment to Zoning Language for"MH"-Manufactured Housing Dear Mr.Payne. Please accept the attached Zoning Change Application as our request to have the language within the "MH"-Manufactured Housing amended as outlined in the exhibit attached hereto. The purpose of the proposed amendment is to allow for the construction of site-built homes within the M]-I district.which arc now prohibited. As you will note we are also seeking some other changes within the language. We believe these changes will be beneficial to the City in that it will certainly allow for a higher quality home to be constructed within the district than can be now. if you have any questions or continents please feel free to call me at the numbers shown herein. Thank you for your consideration of this matter. Sincerely. David McMahan 726 Commerce St.,Ste.109 • Southlake,TX 76092 • (817)329-6996 • Fax(817)481-4074 L Ord. 480-NN Attachment B Page 1 ORDINANCE NO. 480-NN AN ORDINANCE AMENDING ORDINANCE NO. 480,AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING CERTAIN SECTIONS REGARDING MANUFACTURED HOUSING; 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: L Attachment C (Draft 1,April 1,2002) Page 2 SECTION 1. Section 29.2a"Residential Uses", of Ordinance No. 480, as amended, is hereby amended by adding the following use, to read as follows: 4. Single Family Detached Dwelling (constructed on site) SECTION 2. Section 29.5b "Front Yard" of Ordinance No. 480, as amended, is hereby amended to read as follows: b. Front Yard: There shall be a front yard of not less than twenty five (25) fifteen(15) feet. Corner lots shall have a minimum side yard of fifteen(15) ten (10) feet on the second front yard. SECTION 3. Section 29.5c "Side Yard", of Ordinance No. 480, as amended, is hereby amended to read as follows: c. Side Yard: There shall be a minimum side yard requirement of not less than fifteen (15) five (5) feet on all lots, except that corner lots may have a minimum side yard of five (5) feet on the side yards adjacent to interior lots (As amended by Ordinance No. 480-U.) SECTION 4. Section 29.5f "Lot Area", of Ordinance No. 480, as amended, is hereby amended to read as follows: f. Lot Area: The minimum area of a lot shall be six thousand (6,000) square feet,provided that where a lot has less than herein required and was of record and in separate ownership at the time of passage of this ordinance Ordinance 480, this regulation shall not prohibit the erection of a mobile home or manufactured home or single family detached dwelling. The minimum lot area for property not served by a sanitary sewer shall be determined by the Zoning Board of Adjustment to provide adequate septic tank drainage. Lir Attachment C (Draft 1,April 1,2002) Page 3 „r SECTION 5. Section 29.5 "Development Regulations”, of Ordinance No. 480, as amended, is hereby amended by adding the following regulation, to read as follows: i. 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 600 square feet. (As amended by Ordinance No. 480-C.) SECTION 6. Sections 29.6 "ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY" of Ordinance No. 480, as amended, is hereby deleted. SECTION 7. Sections 29.7 "SITE PLAN", of Ordinance No. 480, as amended, is hereby amended to read as follows: 29.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zoning to an MH Manufactured Housing district. SECTION 8. Sections 34.1 g, 34.1 i, 34j and 34k, of Ordinance No. 480, as amended, regarding "ACCESSORY USES", is hereby amended by adding the"MH"Manufactured Housing district to the listing of"Districts Where Permitted". SECTION 9. Sections 44.12 (3), 44.12(5) and 44.12(6), of Ordinance No. 480, as amended, regarding "SPECIAL EXCEPTION USE" is hereby amended by adding the "MH" Manufactured Housing district to the listing of"Districts Where Permitted". Attachment C (Draft 1,April 1,2002) Page 4 SECTION 10. 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 11. 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 12. 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 13. 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. Attachment C (Draft 1,April 1,2002) Page 5 L SECTION 14. 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 15 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 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 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 16. 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 , 2002. MAYOR ATTEST: CITY SECRETARY Attachment C (Draft 1,April 1,2002) Page 6 L PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment C (Draft 1,April 1, 2002) Page 7