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Item 6A Planning & Development Services Department 1400 Main Street, Suite 310, Southlake, TX 76092 www.cityofsouthlake.com MEMORANDUM April 30, 2008 TO: Planning and Zoning Commission FROM: Ken Baker, AICP, Planning Director SUBJECT: AMENDMENT TO THE SUBDIVISION ORDINANCE NO. 483, as amended, pertaining to panhandle lots, also know as flag lots (Proposed Ordinance No. 483-L) ____________________________________________________________________ REQUESTED ACTION: Conduct a public hearing and consider Ordinance 483-L being a proposed amendment to following sections of the Subdivision Ordinance 483, as amended, pertaining to panhandle lots: Article I, Section 1.04 Definitions providing a definition for panhandle lots; Article VIII, Section 8.01 by adding subsection 8.01K prohibiting residential panhandle lots with conditions. APPLICANT: City initiated. BACKGROUND: The purpose of this ordinance amendment is to address the anticipated development of residential infill tracts within the City and the tendency to provide panhandle lots to meet street frontage requirements in lieu of providing a jointly used street for multi lot subdivisions. Additionally this amendment is intended to further insure an orderly geometric configuration of residential lots. LEGAL REVIEW: City Attorney’s recommended revisions have been incorporated into this document. Additionally, the City Attorney will provide the City Attachment ‘A’ Page 1 of 8 Ordinance No. 483-L Council guidance regarding the Planning and Zoning Commissions recommendation. SUPPORTING DOCUMENTS: 1. Attachment A- Ordinance 483-L, Proposed Ordinance Changes to Articles I and VIII P& Z ACTION: April 3, 2008; Approved (5-1), subject to the staff report and recommending staff investigate and offer findings to City Council regarding super majority voting status for approving any waivers under the amendment up to this ordinance. Commissioner Peebles dissented. The City Attorney will provide the City Council guidance regarding the Planning and Zoning Commissions recommendation. COUNCIL ACTION: April 15, 2008; Approved first reading on Consent (6-0) Attachment ‘A’ Page 2 of 8 Ordinance No. 483-L Attachment ‘A’ ORDINANCE NO. 483-L AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE, AS AMENDED; AS IT PERTAINS TO PANHANDLE LOTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY 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. 483 as the Subdivision Ordinance, as amended, for the City; and WHEREAS , the City Council has determined that it is appropriate and in the best interest of the City to amend Ordinance No. 483 to conform with ordinances of the City pertaining to minimum residential lot configuration standards and to insure the orderly development of residential subdivisions within the City; NOW, THEREFORE, WHEREAS , the Planning and Zoning Commission has conducted a public hearing regarding the proposed revisions and has recommended adoption of the same; and WHEREAS , the City Council has determined that it is appropriate and in the best interest of the City to amend Ordinance No. 483, as amended, as provided herein; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. Attachment ‘A’ Page 3 of 8 Ordinance No. 483-L Article I, Section 1.04, Definitions of Ordinance No. 483, as amended, is amended to add the following definition: Panhandle Lot – Also known as a flag lot, this is a lot having a narrow strip of land extending from the buildable area of the lot to a street, with the primary purpose of the strip being to provide street frontage and street access for the lot. A panhandle lot does not meet the minimum lot width requirement. SECTION 2. Article VIII, Section 8.01, Lotting Requirements of the Subdivision Ordinance No. 483, as amended, to add the following: K. Residential panhandle lots, also known as flag lots, shall not be permitted. 1. However, the approving authority may waive this requirement if it finds that one or more of the following conditions are satisfied and the requirements of subsection 2 are met: a. Topographical, environmental preservation or other severe physical constraints prevent conventional subdivision and the panhandle lot appears to be the best solution to subdivision of lands; b. The panhandle lot arrangement is a temporary one in which the panhandle will disappear and the ultimate access will be provided by conventional means; and/or c. The proposed lot(s) will not have an adverse affect upon surrounding properties. 2. Additionally, the approving authority shall not consider a waiver of this requirement unless the following conditions must be met: a. The area and width of the buildable area of the lot must comply with the underlying zoning regulations. The panhandle portion of the lot is not to be included as part of the required minimum lot area; b. The length and width of the panhandle section of the lot must provide for or exceed the minimum emergency access and fire protection standards of the adopted City codes; and c. The location of the panhandle lot conforms to the City’s Driveway Ordinance, No. 634, as amended. Attachment ‘A’ Page 4 of 8 Ordinance No. 483-L SECTION3. 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. SECTION4. It is 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 5. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION6. The City Secretary of the City of Southlake is directed to publish the proposed Attachment ‘A’ Page 5 of 8 Ordinance No. 483-L 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 in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION7. The City Secretary of the City of Southlake is 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. SECTION8. 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. Attachment ‘A’ Page 6 of 8 Ordinance No. 483-L PASSED AND APPROVED ON FIRST READING ON THIS _____ DAY OF ________________, 2008. __________________________________ _ MAYOR ATTEST: __________________________________ _ CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS _____ DAY OF ________________, 2008. __________________________________ _ MAYOR ATTEST: __________________________________ _ CITY SECRETARY EFFECTIVE:_______________________ APPROVED AS TO FORM AND LEGALITY: _________________________________ City Attorney Attachment A Article I, Section 1.04 Definitions of the Subdivision Ordinance No. 483, as amended, add the following: 8