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.
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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
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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:
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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.
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Ord. 480-NN Attachment A
Page 4
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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
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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:
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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.
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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
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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