Item 8ACity of Southlake
Department of Planning
MEMORANDUM
October 12, 2005
TO: Honorable Mayor and City Council
FROM: Ken Baker, AICP, Planning Director
SUBJECT: Ordinance 480 —DDD Request to amend Section 16 "MF -1" Two - Family Residential District
of Ordinance 480, Comprehensive Zoning Ordinance, as amended.
Mr. Emil A. Halim of 704, W. Crestline Ave, Littleton, CO who owns 723 — 725 Cherry Court in
Southlake, zoned "MF-1" Two Family Residential District is requesting this zoning text amendment. The
zoning text amendment Mr. Hahm is requesting is to facilitate subdividing his duplex located at 723 -725
Cherry Court along the party -wall between the two units.
The attached Section 16 includes under Section 16.5 (c) language allowing zero -lot line development as
specified in that subsection. Also attached with this application is Mr. Halim's request letter for the
zoning text amendment.
ACTION NEEDED: 1. Conduct a first reading on proposed Ordinance 480 -DDD
2. Consider the proposed Ordinance 480 — DDD (Due to P &Z
recommendation to deny Ordinance 480 -DDD, this action requires a
super - majority vote at City Council for passage)
P &Z ACTION: September 22, 2005; Conducted a Public Hearing and recommended denial
(5 -0) of the proposed Ordinance 480 -DDD
ATTACHMENTS: Applicant's letter requesting the text amendment
Proposed Ordinance 480 -DDD
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ORDINANCE NO. 480 -DDD
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AMENDING SECTION 16 — "MF -1" TWO- FAMILY DISTRICT;
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 Soutblake, 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:
SECTION 1
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section 16 —
"NIF-1" Two - Family District is hereby amended, which shall read as follows:
SECTION 16
"W-l" TWO FAMILY RESIDENTIAL DISTRICT
16.1 PURPOSE AND INTENT - The purpose and intent of the MU-1 Two Family Residential
District is to provide for compatible land, building, and structure uses primarily oriented to
moderately low density residential purposes, open space uses, and select community
facility uses. The MU-1 district serves as a transitional element between single family
zones and higher density multiple family and commercial uses. Moderately low density
detached two family residential dwellings and development, along with the aforedescribed
uses, comprise the principal elements of the district.
16.2 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.
Two family 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. City hall, fire and police stations and other municipal uses.
4. Other uses of a similar nature and character.
16.3 ACCESSORY USES - In addition to those accessory uses specifically authorized in
Section 34 of this ordinance, any use may be established as an accessory use to a permitted
use when it complies with the conditions for an accessory use as defined in this ordinance.
16.4 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. 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. (As amended by Ordinance No. 480 -C.)
16.5 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 thirty -five (35) 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.
Zero lot line development may be permitted on a common interior lot line where - - - Formatted: indent: Left: 1.19 ", First line:
construction of a party wall is used and when approved by the City Council after a o.oi ", Tab stops: 1.19 ", Left +Not at 1.2"+
recommendation by the Planning and Zoning Commission. Where zero lot
development is utilized, the equivalent open space and plantings _(normally
provided in adjoinni bg ufferyards along the common lot line) shall be provided
elsewhere within the two developing lots. A concept plan meeting the
requirements of Section 41 of this ordinance is required to be submitted with a
request for zero lot line development. Approval shall be based upon an analysis of
the location, the configuration, and the impact and compatibility of the
construction with adjacent land uses.
d. Rear Yard: There shall be a rear yard of not less than forty (40) feet.
e. Maximum Lot Coverage: All buildings and structures shall have a maximum lot
coverage not exceeding thirty (30) percent of the lot area, except that the sumtotal
of accessory buildings shall not exceed one hundred (100) square feet per dwelling
unit.
f. Lot Area: The minim area of a lot shall be twenty thousand (20,000) square
feet.
g. Lot Dimensions: Each lot shall have a minim width of one hundred (100) feet
and a minim depth of one hundred twenty -five (125) feet.
h. Floor Area: Each dwelling unit shall contain a minim of one thousand five
hundred (1,500) square feet of floor area.
i. Maximum Residential Density: The maximum number of dwelling units per acre
shall be 4.36.
Single family dwellings must be constructed in accordance with the development
regulations applicable in the SF -20B district.
k. Maximum Impervious Coverage: The maximum impervious coverage shall not
exceed forty (40 %) percent of the total lot area. (As amended by Ordinance No.
480 -JJ).
16.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES
LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY
RESIDENTIAL PROPERTY - In addition to the development regulations applicable to
this zoning district, the development regulations in Section 43, Part III, Residential
Adjacency Standards, shall also apply. When any requirements in this section are in
conflict with any other requirements for this zoning district, the more stringent
requirements shall apply. (As amended by Ordinance No. 480 -CC).
16.7 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 MF -1 Two Family
Residential District.
All properties zoned at the efTective date of this ordinance which do not have an approved
Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of
Section 41 of this ordinance prior to submittal of a site plan.
The Concept Plan shall be processed in accordance with this Ordinance and state law for
changes in zoning. (As amended by Ordinance No. 480 -M.)
16.8 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to
the Concept Plan approved with the zoning application. (As amended by Ordinance No.
480 -M.)
16.9 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
com- plete 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 permitted without specific approval if it complies
with the conditions for an accessory use as defined in this ordinance. (As amended by
Ordinance No.480 -M.)
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 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 i
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 6
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 7
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 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 8
This ordinance shall be in fall 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 , 2005.
IMMINTITH
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY