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Planning & Zoning Commission October 19, 2006 Proposed Ordinance 480-OOO. Robert Gray 1275 Shady Oaks Drive Southlake, Texas. Summary of Objections. Reduction of the total accessory building square footage on RE zoning Removal of Special Exception Use (SEU) approvals
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Planning & Zoning CommissionOctober 19, 2006 Proposed Ordinance 480-OOO Robert Gray 1275 Shady Oaks Drive Southlake, Texas
Summary of Objections • Reduction of the total accessory building square footage on RE zoning • Removal of Special Exception Use (SEU) approvals • Increased setback requirements • Exterior material requirement • Limitations on “pod” storage containers
Allowable Accessory Building Size • Existing limit for RE • 5% of lot size • Equates to 10,890 sq. ft. for 5 acres • Proposes limit for RE • 1500 sq. ft., regardless of acreage • For a 5-acre lot, this represents an 86% reduction. • Limits are the total of all buildings, such as:
Allowable Accessory Building Size • Existing buildings would be “grandfathered” as non-conforming structures • BUT • A destroyed or damaged (50% +) building over the limit could not be repaired nor replaced without a variance.
How Much Do Landowners “Need” • Common misperceptions: • Accessory buildings are a necessary evil. • The total size must be strictly limited. • City government is able to determine how much is “needed”.
Do You “Need” This House? • 8500+ square feet • 7 bedrooms • 7 full baths & 2 half baths • 4 living areas, 2 dining areas • 3 fireplaces, library/study, exercise room • Wet bar, dry bar, multiple staircases • 5-car garage
Do You “Need” This House? • Of course not. • Residents don’t “need” this house, they “want” this house • Lifestyle preferences • Personal goals • Levels 4 & 5 on Maslow hierarchy
Southlake Is A Diversified City • People have different wants • Some prefer smaller homes to have land • Owning land provides new options, but also means new obligations • Zoning regulations must accommodate this diversity. • The owner is the best judge of what is “needed”. • City government is not a homeowners association.
Removal of Special Exception Use • What problem is being solved by this? • At present, zonings AG, RE, SF1-A/B, SF-30 and SF-20A/B all have both SEU and SUP • Why is RE being singled out? • Americans are wary of concentrations of power. • Our government is fundamentally based on the principle of “checks and balances”.
Current Building Setbacks – Accessory Buildings • Permanent foundation - 10 feet • No permanent foundation - 5 feet
Proposed Setback Change • ANY building over the limit would have to conform to setback limits of primary residence. • This change applies to EVERY home in Southlake, not just acreage. • Buildings used for animals (i.e. barns) already require 25’ setback.
Exterior Materials • If the building is over the permitted limit, “…a minimum of 50% of each (wall) … shall be either of masonry…or similar material as the principal structure…” • This change applies to EVERY home in Southlake, not just acreage. • Most barns run 2000+ sq. ft. • Any building that exceeds the limit, regardless of size, would be affected, leading us to brick tool sheds and play houses.
Exterior Materials • Brick is not the best material • Not waterproof • Requires concrete slab or sill • Increases construction costs • 55% increase in material cost for 2000 sq. ft. metal building with one-half of external walls “faux-brick” • Does not flex • Difficult and expensive to repair
Exterior Materials • The proposal will • Increase construction costs • Increase property taxes • Significantly complicate repair • Reduce functionality • Bottom line: the owner pays to benefit others.
Proposed Portable Storage Ordinance • Must have permit • No more than 2 permits per year • Permit limited to 7 days • Limited to one container no larger than 8x10x20 • Must be placed on driveway at rear • Cannot be placed on non-paved surface • Why do we need this?
Zoning Regulations, Section 1 • Purpose: • Promote health, safety, morals and general welfare • Designed to: • Lessen congestion • Secure safety from fire, panic, etc. • Provide adequate light & air • Prevent overcrowding of land • Avoid undue concentration of population • Provide for transportation, utilities, and public services • Considerations • Character of each district • Suitability for particular uses • Conserving the value of buildings • Encouraging the most appropriate use of land.
Impacts • Reduces property values. • More difficult to re-sell as acreage. • Increased incentive for sale for sub-division. • Encourages keeping old buildings as long as possible, rather than repair or replace. • Will result in more outside storage of agricultural equipment and other material. • Divisive. Increases distrust between community groups.
Why This Proposal? • What problem is being solved? • Who benefits? • Who is adversely affected? • Zoning changes break an implied contract, and must be done carefully to minimize negative consequences. • Changes of this magnitude require significant community input.
Presentation Material • www.southlakesoundings.com
Maslow’s Hierarchy 5. Actualization4. Status (esteem)3. Love/belonging2. Safety1. Physiological (biological needs)