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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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Robert gray 1275 shady oaks drive southlake texas l.jpg

Planning & Zoning CommissionOctober 19, 2006

Proposed Ordinance 480-OOO

Robert Gray

1275 Shady Oaks Drive

Southlake, Texas

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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

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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:

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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.

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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”.

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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

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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

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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.

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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”.

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Current Building Setbacks – Accessory Buildings

  • Permanent foundation - 10 feet

  • No permanent foundation - 5 feet

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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.

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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.

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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

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Exterior Materials

  • The proposal will

    • Increase construction costs

    • Increase property taxes

    • Significantly complicate repair

    • Reduce functionality

  • Bottom line: the owner pays to benefit others.

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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?

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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.

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  • 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.

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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.

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Presentation Material


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Maslow’s Hierarchy

5. Actualization4. Status (esteem)3. Love/belonging2. Safety1. Physiological (biological needs)