Item 6C
City of Southlake, Texas
M E M O R A N D U M
October 10, 2007
To:
Shana Yelverton, City Manager
From:
Ken Baker, AICP, Planning Director
Subject:
Ordinance 480-LLL – an amendment to the Comprehensive Zoning
Ordinance 480 pertaining to the creation of the “SF-2” Single Family
Residential District.
Action
Requested:
Conduct a public hearing on Ordinance 480-LLL
Consider Ordinance 480-LLL
Background
Information:
Based on discussions with the Planning and Zoning Commission and
City Council, staff is proposing the creation of a “SF-2” Single
Family Residential District. This district has been recommended as
an intermediate zoning category between the 5-acre minimum of an
“RE” district and a 1-acre minimum of an “SF-1A” district. It would
provide additional flexibility to developers and decision makers on
residential development options adjacent to rural land uses. The
minimum lot size in the “SF-2” district would be 2 acres and the
development standards proposed would be similar to the standards for
development in the “SF-1A” district with the exception of accessory
structure standards.
The following changes have been made to the proposed ordinance
based on City Council’s discussions during the first reading on
August 15, 2006 and first reading of Ordinance 480-QQQ on October
2, 2007:
Limiting the size of any single accessory structure to 3% of the lot
area sq.ft;
Adding design standards for all accessory structures that are
individually over 500 sq.ft; and
Provided a 180-day waiver of zoning application fees for all
applicants desiring to rezone to the SF-2 district.
Financial
Considerations:
None
Planning & Zoning
Commission Review:
July 6, 2006, Approved (5-0)
Legal Review:
Yes
Alternatives:
None
Supporting
Documents:
Ordinance 480-LLL
Staff
Contact:
Ken Baker, (817) 748-8067
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ORDINANCE NO. 480-LLL
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; ADDING SECTION 50,
WHICH ESTABLISHES THE SF-2 SINGLE-FAMILY RESIDENTIAL
DISTRICT; PROVIDING PERMITTED USES AND STANDARDS
FOR DEVELOPMENT; 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 establishment of an SF-2 Single-Family Residential District will
promote the goals of the City’s zoning ordinance and of the Southlake 2025 Plan and city
council has identified incentives for the implementation of this district; 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance is hereby amended by the addition of a new Section 50, which shall read as
follows:
SECTION 50
SF-2 SINGLE-FAMILY RESIDENTIAL DISTRICT
50.1 PURPOSE AND INTENT - The purpose and intent of the SF-2 Single Family
Residential District is to provide for compatible land, building, and structure uses
primarily oriented to low density residential purposes, select agricultural uses,
open space uses, and select community facility uses. The SF-2 district may serve
as a transitional element between development in the SF-1A zoning district and
lower intensity agricultural activities of this City. Low density detached single
family residential dwellings and development, along with the aforedescribed uses,
comprise the principal elements of the district.
50.2 PERMITTED USES
a. Agricultural Uses - Agricultural uses whose products are grown primarily
for home consumption, such as domestic gardening, berry or bush crops,
tree crops, flower gardening, orchards, and aviaries.
b. Residential Uses - Single family detached dwellings.
c. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space including playgrounds, parkways,
greenbelts, ponds and lakes, botanical gardens, pedestrian paths,
bicycle paths, equestrian bridle trails, nature centers, bird and
wildlife sanctuaries;
3. Private boat docks, swimming pools and game courts;
4. City hall, fire and police stations and other municipal uses; and
5. Other uses of a similar nature and character.
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50.3 ACCESSORY USES – All accessory uses permitted in the Residential Estate
(RE), or SF-1A Single Family residential district under Section 34 Accessory
Uses shall be permitted in the SF-2 Single Family residential district.
50.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City
Council following a recommendation from the Planning and Zoning Commission
as specifically authorized in Section 45 of this ordinance, subject to full and
complete compliance with any and all conditions required in Section 45, together
with any other conditions as the City Council may impose. All specific uses
permitted in the Agricultural (AG), Residential Estate (RE), or SF-1A Single
Family residential district under Section 45 shall be permitted in the SF-2 Single
Family residential district. Any use accessory to an approved specific use permit
shall be permitted without specific approval if it complies with the conditions for
an accessory use as defined in this ordinance.
50.5 DEVELOPMENT REGULATIONS - In this district, the following development
regulations shall be applicable:
a. Height: No building or structure shall exceed two and one-half (2-1/2)
stories, nor shall it exceed forty (40) feet.
b. Front Yard: There shall be a front yard of not less than forty (40) feet.
c. Side Yard: There shall be a side yard of not less than twenty (20) feet.
d. Rear Yard: There shall be a rear yard of not less than forty (40) feet.
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.
f. Lot Area: The minimum area of a lot shall be two (2) acres or eighty
seven thousand and one hundred and twenty (87,120) square feet.
g. Lot Dimensions: Each lot shall have a minimum width of one hundred
(100) feet and a minimum depth of one hundred twenty-five (125) feet.
h. Floor Area: The main residence shall contain a minimum of two thousand
(2,000) square feet of floor area.
i. Maximum Residential Density: The maximum number of dwelling units
per acre shall be 0.50.
j.Accessory Structure Standards:
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Formatted: Indent: Hanging: 0.5", Numbered
+ Level: 1 + Numbering Style: a, b, c, … +
Start at: 10 + Alignment: Left + Aligned at: 1"
+ Tab after: 1.25" + Indent at: 1.25"
Formatted: Bullets and Numbering
1.All accessory structures in the SF-2 zoning district shall meeting the
following standards:
Formatted: Indent: Left: 1.25", Tab stops:
i.The sum total of all accessory structures and buildings on the lot
shall not exceed 3% of the lot area.
1.5", List tab + Not at 1.45"
ii.All accessory structures that are, individually or cumulatively,
less than 500 sq.ft. shall meet the accessory structure standards
Formatted: Bullets and Numbering
under Section 34.2.
iii.All accessory structures that individually are equal to or exceed
500 sq.ft.:
Formatted: Indent: Hanging: 0.19"
1.Setbacks from adjoining lots shall meet the principal structure
setback standards. No setbacks are required from the
principal structure, however, fire separation requirements may
apply.
2.Height shall not exceed 20 feet.
3.Accessory structures of metal, wood or vinyl siding or
equivalent material shall meet the following design standards:
a.Minimum of 2 colors (principal color limited to white,
beige, natural shades of greens and browns, and yellows
with trim of contrasting colors).
b.All metal accessory buildings to be painted with a factory
applied non-metallic matte-finish.
c.Addition of trim detail around the windows/doors/or
string courses or water tables.
d.Windows, doors, or other openings required on at least 2
sides.
e.Pitched roof required (of the appropriate pitch for the roof
design chosen or a minimum of 1:3).
4. Accessory structures using masonry shall meet the following
standards:
a.Masonry material used shall match the masonry material
of the principal structure on the lot.
b.Addition of trim detail around the windows/doors/or
string courses or water tables.
c.Windows, doors, or other openings required on at least 2
sides.
d.Roof (design, pitch, and materials) to be the same type as
the principal structure roof.
a.iv.Standards in subsection iii above shall not apply to accessory
buildings that do not have any enclosing walls such as gazebos,
play structures, and pergolas.
50.6 SPECIAL EXCEPTION USES - Special exception uses may be approved by the
Board of Adjustment as specifically authorized in Section 44 of this ordinance
subject to full and complete compliance with any and all conditions required in
Section 44, together with any other conditions as the Board of Adjustment may
impose. Any use accessory to an approved special exception use shall be
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Formatted: Bullets and Numbering
Formatted: Indent: Left: 1.5", Hanging:
0.25", Numbered + Level: 3 + Numbering
Style: i, ii, iii, … + Start at: 1 + Alignment:
Right + Aligned at: 1.83" + Tab after: 1.95" +
Indent at: 1.95", Tab stops: 1.75", List tab +
Not at 1.95"
permitted without specific approval if it complies with the conditions for an
accessory use as defined in this ordinance. All special exception uses permitted
in the Agricultural (AG), Residential Estate (RE), or SF-1A Single Family
residential district under Section 44 shall be permitted in the SF-2 Single Family
residential district.
50.7 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 SF-2
Single Family Residential District.
SECTION 2
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 3
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 4
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
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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 5
Any person requesting a zoning change to the SF-2 district within 180 days of the
effective date of this ordinance be waived any fees associated with the zoning change
request.
SECTION 6
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.
SECTION 7
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 8
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
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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 9
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 ___________, 2006.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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