Item 7BCITY OF
SOUTH LAKE
MEMORANDUM
January 13, 2014
To: Shana K. Yelverton, City Manager
From: Ken Baker, AICP — Senior Director of Planning & Development Services
Subject: Amendment of Zoning Ordinance No. 480-PPPP
Action
Requested: Consider 1" reading approval of an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, to Section 34, Accessory Uses.
Background
Information: The purpose of this item is to consider providing clarifying language to
section 34 of the zoning ordinance to address the functionality of the
minimum space requirements for the grazing of animals within residential
districts, the inclusion of SF-20-A & B (over 1 acre in size) zoning districts
to the "District Where Permitted" and the deletion of wording addressing
nuisance issues (To be addressed in the Animal Control Ordinance).
The Planning and Development Services staff is bringing forward the
proposed amendment at this time to coincide with a revision to the City of
Southlake Code of Ordinances as it pertains to the keeping of animals. In
October of 2012, the animal control services for the cities of Southlake,
Keller and Colleyville were combined. The purpose of the City Code
(Animal Control Ordinance) amendment is to develop a single ordinance
that is similar for all three cities. This ordinance is currently being
developed by the Department of Public Safety (Police Department). The
Planning and Zoning Commission will only make a recommendation on
the Zoning Ordinance proposed amendments. The Animal Control
Ordinance (City Code) does not require a recommendation by the
Planning and Zoning Commission.
iew of the current ordinance
Section 34 of Zoning Ordinance (Accessory Use Section) currently allows
private stables, including the boarding of horses, in residential zoned
areas for the keeping of grazing animals. The ordinance states that the
minimum space area upon which grazing animal(s) may be enclosed
including pastures, pens, corrals and stables, shall not be less than fifteen
thousand (15,000) square feet per each animal over five hundred (500)
pounds and not less than five thousand (5,000) square feet for any other
grazing animal.
480-PPPP Page 1
The residential zoning districts where this use (keeping of grazing
animals) is permitted include the RE, SF1-A, SF1B, SF 2 zoning districts
and SF 30 zoning district where the lot on which the structure will be
located contains the same minimum lot square footage as required in the
SF1A and SF1B zoning category (1 acre). This ordinance section is not
applicable to AG "Agricultural" zoned properties or commercial stables.
Reason for Considering a Change to the Ordinance
A concern has been raised that the current language in the accessory
section of the zoning ordinance is somewhat unclear on the square
footage requirements in that it is uncertain whether the 15,000 minimum
square foot area must be continuous (unbroken) or can be physically
separated.
Also, the ordinance does not list the SF20-A or SF20-B zoning districts as
zoning districts where the grazing of animlas is permitted as an accessory
use, even though there are fifty-three (53) SF-20 lots in the City that are
greater than one (1) acre in size.
Finally, the zoning ordinance currently provides a regulation on the
ground accumulation of manure. Typically, nuisance related regulations
are found in separate ordinances or in the City Code. The new Animal
Control Ordinance has a "public nuisance" section and it is staff's
recommendation that nuisance issues be addressed in the Animal Control
Ordinance and expanded. Therefore, it is recommended that the current
regulation regarding "manure" be deleted from the section.
Relationship of the Zoning Ordinance to the Animal Control Ordinance
The zoning ordinance will only provide regulations on area, placement of
stables and residential districts where the use (grazing) is permitted.
Other possible related issues to the keeping of grazing animals such as
adoption of animals, confinement, quarantine of animals, removal of dead
animals, nuisances and impoundment are addressed in the new Animal
Control ordinance.
Non -Conforming Use of Land
As with any amendment to a zoning ordinance regulation, property
owners that currently meet and adhere to the existing regulation(s) today
of section 34.1.d for the keeping of grazing animals will be able to
maintain that use in accordance with section 6.4 of the zoning ordinance
(non -conforming use).
On August 121" a SPIN meeting was held on the proposed Animal Control
Ordinance and Zoning Ordinance amendments.
480-PPPP Page 2
Based on comments received at the SPIN meeting, staff is presenting
both an option A and option B for the Planning and Zoning Commission to
consider.
Option A — proposed text addition shown in red lettering and deletions
shown by a strikethrough.
d. Private stables, including boarding of horses, in areas other than the Agricultural District for I RE, SF -IA, SF-1B.
the keeping of grazing animals, provided:
1. Ground „lati ..F,Y,..wae n be disposed
SF-2, (where the lot
on which the structure
will be located
contains the same
ns s1 eelleeted and properly of s as He
oate ,.dory fly breeding, in i.o,.eme heal hazard , to
offensive or any way a rmisanee
humans of animals. (The ground accumulation manure regulation will be provided in the
minimum lot square
Animal Control Ordinance)
footage required in
the SF -IA and SF-IB
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to
zoning category)
properly retain the grazing animal(s) on the premises.
SF-30 and SF-20A &
B (where the lot on
3. The minimum space area upon which such grazing animal(s) may be enclosed, including
which the structure
pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square
will be located
feet of useable and accessible area per each grazing animal over five hundred (500)
contains the same
pounds and not less than five thousand (5,000) square feet for any other grazing animal.
minimum lot square
Portions of the grazing area may be partitioned off for a corral, to separate animals and to
footage required in
allow for pasture recovery.
the SF -IA and SF-IB
zoning category)
4. All enclosed sheds and stables for animals as provided under the terms of this subsection
shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining
lot or tract which is zoned in a residential category while fences and corrals may be
placed at the property line.
Option B — proposed text addition shown in red lettering and deletions shown by
a strikethrough.
Some comments at the SPIN meeting indicated that the ordinance regulations
are adequate as currently written and provide flexibility for the zoning
administrator to interpret. As such option B does not propose any changes to
section 2, 3 or 4.
d. Private stables, including boarding of horses, in areas other than the Agricultural District for RE, SF -IA, SF-1B.
the keeping of grazing animals, provided: SF-2, (where the lot
on which the structure
1. will be located
oate offensive ,.dory fly breeding, or in any way i.o,.eme a heal hazard , rmisanee to contains the same
humans of animals. (The ground accumulation manure regulation will be provided in the minimum lot square
Animal Control Ordinance) footage required in
the SF -IA and SF-IB
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to zoning category)
properly retain the grazing animal(s) on the premises. SF-30 and SF-20A &
B (where the lot on
3. The minimum space area upon which such grazing animal(s) may be enclosed, including which the structure
480-PPPP Page 3
pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square
tit -ill he located
feet per each grazing animal over five hundred (500) pounds and not less than five
contains the same
thousand (5,000) square feet for any other grazing animal.
minimum lot square
footage required in
4. All enclosed sheds and stables for animals as provided under the terns of this subsection
the SF -]A and SF-1B
shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining
zoning category)
lot or tract which is zoned in a residential category while fences and corrals may be
placed at the property line.
This item was originally considered at the Planning and Zoning Commission's August 22, 2013
meeting. The Planning and Zoning Commission discussed at this meeting that it would like to
wait until such time that a draft of the Animal Control Ordinance was available for review prior to
moving forward on considering this item in order to review the proposed nuisance provisions in
the Animal Control ordinance. Nuisance regulations are being removed from the zoning
ordinance and placed into the proposed animal control ordinance. Staff has provided a copy of
the draft Animal Control Ordinance o the Planning and Zoning Commission at its October 17,
2013 meeting. The Planning and Zoning Commission only made a recommendation on the
proposed changes to the Zoning Ordinance (480-PPPP). The Planning and Zoning
Commission did not be make a recommendation on the proposed Animal Control ordinance
since this ordinance is part of the City Code.
Citizen Input/
Board Review: A SPIN meeting was held on August 12, 2013.
Legal Review: This item is under review by the City Attorney.
P & Z Action: August 22, 2013 - The Planning and Zoning Commission tabled this item
to its September 5, 2013 meeting.
September 5, 2013 - The Planning and Zoning Commission tabled this
item to its October 17, 2013 meeting.
October 17, 2013 — The Planning and Zoning Commission
recommended approval of Ordinance No. 480-PPPP (4 -1) changes
submitted adopting option A and having the new ordinance read as
follows; the minimum space area with such grazing animals may be
enclosed including pasture, pens, corrals and stables shall not be less
than 15,000 square feet of usable and accessible area per each grazing
animal over 500 pounds and not less than 5,000 square feet of usable
and accessible area of any other grazing animal. Portions of the grazing
area may be partitioned to separate animals and allow for pasture
recovery.
Council Action: TBD
Attachment: Draft — Part II — City Code - Chapter 4 — Animals, Fowls and Reptiles
(Animal Control Ordinance)
480-PPPP Page 4
ORDINANCE NO. 480-PPPP
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; BY ADDING PROVISIONS TO SECTION 34 —
ACCESSORY USES; 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
Sections 34 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the
following subsection:
480-PPPP Page 5
34.1.d Option A
d. Private stables, including boarding of horses, in areas other than the Agricultural District for I RE, SF -IA, SF-1B.
the keeping of grazing animals, provided:
1. Ground „l..tions ..F,Y,..wae n be disposed ,
SF-2, (where the lot
on which the structure
will be located
contains the same
sI eelleeted and properly of so He
o,.te ,.dory fly breeding, in i.o,.eme healffi hazard , to
offensive or any way a rmisanee
humans of animals. (The ground accumulation manure regulation will be provided in the
minimum lot square
Animal Control Ordinance)
footage required in
the SF -IA and SF-IB
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to
zoning category)
properly retain the grazing animal(s) on the premises.
SF-30 and SF-20A &
B (where the lot on
3. The minimum space area upon which such grazing animal(s) may be enclosed, including
which the structure
pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square
will be located
feet of useable and accessible area per each grazing animal over five hundred (500)
contains the same
pounds and not less than five thousand (5,000) square feet for any other grazing animal.
minimum lot square
Portions of the grazing area may be partitioned off for a corral, to separate animals and to
footage required in
allow for pasture recovery.
the SF -IA and SF-IB
zoning category)
4. All enclosed sheds and stables for animals as provided under the terms of this subsection
shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining
lot or tract which is zoned in a residential category while fences and corrals may be
placed at the property line.
34.1.d Option B
d. Private stables, including boarding of horses, in areas other than the Agricultural District for
the keeping of grazing animals, provided:
1. Ground aeeth-nalations of manwe sIWI be eelleeted and properly disposed of so as no
ereate offensive odors, fly breeding, or in any way beeeme a healffi hazard or rmisanee to
(The ground accumulation manure regulation will be provided in the
Animal Control Ordinance)
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to
properly retain the grazing animal(s) on the premises.
3. The minimum space area upon which such grazing animal(s) may be enclosed, including
pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square
feet per each grazing animal over five hundred (500) pounds and not less than five
thousand (5,000) square feet for any other grazing animal.
4. All enclosed sheds and stables for animals as provided under the terms of this subsection
shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining
lot or tract which is zoned in a residential category while fences and corrals may be
placed at the property line.
(As amended by Ordinance No. 480-PPPP)
RE, SF -IA, SF-1B.
SF-2, (where the lot
on which the structure
will be located
contains the same
minimum lot square
footage required in
the SF -IA and SF-IB
zoning category)
SF-30 and SF-20A &
B (where the lot on
which the structure
will be located
contains the same
minimum lot square
footage required in
the SF -IA and SF-IB
zoning category)
480-PPPP Page 6
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 4
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 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 Two -Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
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
480-PPPP Page 7
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 post the proposed
ordinance in its entirety on the City website 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 (10) days after 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 , 2014.
MAYOR
480-PPPP Page 8
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _ day of 2014.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
480-PPPP Page 9
480-PPPP Page 10