Loading...
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 ck,-,-,, t - � ('6�t�a Ck3 C.Atv ..� tic -� �� �d �-���� � C�� � m r-j V�zle 4-IJ f 72-3 - 7z-5 One 51 .7� �r 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