Item 8ACity of Southlake
Department of Planning
MEMORANDUM
October 26, 2005
TO: Honorable Mayor and City Council
FROM: Ken Baker, AICP, Planning Director
SUBJECT: Ordinance 480 -EEE — Request to amend Section 29 "MI-I" Manufactured Housing District of
Ordinance 480, Comprehensive Zoning Ordinance, as amended.
Four Peaks Development, the developer of Tuscan Ridge Addition in Southlake zoned "MH" Manufactured
Housing District is requesting this zoning text amendment. The zoning text amendment Four Peaks
Development is requesting is to revise the wording for the rear yard setback.
The attached Section 29 includes under Section 29.6 (d) language revising the rear yard setback regulation as
specified in that subsection. Also attached with this application is Four Peak Development's request letter for
the zoning text amendment.
ACTION NEEDED: 1. Conduct a first reading on proposed Ordinance 480 -EEE
2. Consider approval of Ordinance No. 480 -EEE
P &Z ACTION: October 20, 2005; Conducted a Public Hearing and recommended approval
(7 -0) of the proposed Ordinance 480 -EEE
ATTACHMENTS: Applicant's letter requesting the text amendment
Proposed Ordinance 480 -EEE
Justification for Text Amendment to
ICI Manufactured Housing) Zoning District
This application for a text amendment to the ICI zoning district is being
made to clear up confusion orr how the rear sctback restriction is written and
interpreted and to increase the flexibility in the designing of homes within
the MT districts without increasing the proximity or square footage the rear
of a house within the ]Mffl district may be built to its adjoining neighbor-
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ORDINANCE NO. 480 -EEE
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AMENDING SECTION 29 — "MH" MANUFACTURED HOUSING
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 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:
SECTION 1
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section 29 — "MH"
Manufactured Housing District is hereby amended, which shall read as follows:
SECTION 29
"MH" - MANUFACTURED HOUSING
29.1 PURPOSE AND INTENT - This zoning classification is established to provide for diverse types of
single - family residential uses, including manufactured homes, industrialized (modular) homes and site
built homes. This zoning classification provides appropriate development standards for the placement
of manufactured, industrialized and site built housing in the City of Southlake where adequate streets
and other community facilities are available for present and future needs. Manufactured housing shall
only be permitted in the MH district unless otherwise specifically authorized elsewhere in this
ordinance. (as amended by Ord. 480 -QQ)
29.2 PERMITTED USES (as amended by Ord. 480 -QQ)
a. Residential Uses:
Single - family detached (one dwelling unit per lot)
Home occupation
b. Recreational uses:
Parks and open space (for recreational, resource protection, conservation, and health
and safety benefits)
Public playgrounds, greens, plazas, and squares
29.3 TYPES OF RESIDENTIAL STRUCTURES PERMITTED
(as amended by Ord. 480 -QQ)
HUD -code manufactured homes
Industrialized or modular housing
Site built housing
29.4 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.
29.5 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.)
29.6 DEVELOPMENT REGULATIONS -In this district, the following development regulations shall be
applicable:
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.
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b. Front Yard: There shall be a front yard of not less than fifteen (15) feet. Corner lots shall have
a minimum side yard of ten (10) feet on the second front yard.
C. Side Yard: There shall be a minimum side yard requirement of not less than ten (10) 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.
d. Rear Yard: There shall be a rear yard having a depth of not less than twenty -five (25) feet,
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fee+ f..e„-, +he FeaF .,FepeF+ line except that the principal building may encroach as close as
fifteen (15) feet to the rear property line as long as no more than fifty percent (50 %) of the
area between the twenty -five (25) foot and fifteen (15) foot rear yard area and the ten (10) foot
side yard setbacks is encroached.
e. Only one residential structure may be placed upon an approved lot.
f. Lot Area: The minimum area of a lot shall be 20,000 square feet. The minimum lot area set
forth above shall not apply to any unplatted tract, deeded and filed of record prior to January
1, 2000. Subsequent to the enactment of this ordinance, no property in the MH zoning district
may be subdivided or re- subdivided to a lot or tract size less than the smaller of 20,000 square
feet or the size of the tract as it existed on January 1, 2000, with the exception of deviations
authorized below:
Deviations from deeded tract boundaries may be authorized by the City Council with
plat approval. When preparing a plat for the subdivision or re- subdivision of unplatted
tracts in the "MIT' - Manufactured Housing district, the subdivider is encouraged to
formalize pre- existing tract patterns into lots. In an effort to establish a consistent and
cohesive lot pattern, limited deviations from the pre- existing tract area boundaries may
be permitted due to irregularity in tract ownership and development. Any such
allowance shall not result in an increase in the total number of tracts /lots unless
authorized by City Council. Any changes from the pre- existing tract layout shall be
firmly based on promoting a regular lot pattern that is in keeping with the
characteristics for that particular neighborhood.
g. Width of Lots - The width of a lot shall be a minimum of sixty (60) feet at the building line.
h. Maximum Lot Coverage — Lots having an area of ten - thousand (10,000) square feet or less, all
buildings or structures shall have a maximum lot coverage not exceeding forty five percent
(45 %) of the lot area and Lots having an area greater than ten - thousand (10,000) square feet
shall have a maximum lot coverage not exceeding thirty percent (30 %) of the lot area. The
sum total of accessory buildings shall not exceed 600 square feet and shall be included in the
calculation of lot coverage.
29.7 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment
as specifically authorized in Section 44 of this ordinance subj ect 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 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 -D.)
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 5
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
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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 full force and effect from and after its passage and publication as required
by law, and it is so ordained.
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PASSED AND APPROVED on the 1st reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
MAYOR
day of , 2005.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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Allowed encroachment
into rear setback
I
I
10' side set back
<_50 %ofA
IIL 4 ► I 1 15' rear set
I
House
I
I
25' rear set
I
I
I
1 15' front set back
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Street
Example 1 - Existing Regulations Allowing
Rear Yard Encroachments
b +c_<50 %ofA
Allowed encroachment
into rear setback < 50% of A
15' rear set
I I
25' rear set
I I
I A I
10' side set back
I I
House I 15' front set back
I I
• —• —I•— — •— •— •— •— •— •I— • —• —•.
Street
Example 2 - Existing Regulations Allowing
Rear Yard Encroachments
10
Not Allowed encroachment
into rear setback < 50% of A
kli
10' side set back
House
I
15' rear set
I
25' rear set
I
I
I
15' front set back
I
Street
Example 3 - Existing Regulations on
Rear Yard Encroachments
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Allowable encroachment area =
50% of 8
B = Area between the
15' and 25' rear yard I 1 15' rear set
Setback lines
_ IIIIIIII `"` ' 25' rear set
I I A I
10 side set back
I I
Hous I 15' front set back
I I
Street
Proposed Regulations Allowing
Rear Yard Encroachments
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