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Item 15 - Ord. 480-VVVVCITY OF SOUTHLAKE MEMORANDUM August 12, 2016 To: Planning and Zoning Commission From: Ken Baker, AICP — Senior Director of Planning & Development Services Subject: Amendment of Zoning Ordinance No. 480-VVVV Action Requested: Conduct a Public Hearing and consider approval of Ordinance No. 480- VVVV, an amendment to the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, to add development regulations for the buffering of natural areas along streams, to add regulations regarding the use of permeable pavement and to include miscellaneous corrections. Background Information: The purpose of this item is three -fold. The first two items would codify Tier 1 and Tier 2 recommendations from the 2015 Southlake Sustainability Master Plan. The final item would correct inconsistencies in the zoning ordinance. The Sustainability Master Plan was approved by City Council in 2015 as a component of the Southlake 2030 Comprehensive Plan. The Sustainability Plan incorporated elements of several existing plans to create a document which examined sustainability planning in a holistic manner. As with other Comprehensive Plan documents, the Sustainability Plan made a number of specific recommendations as part of its implementation strategy, along with tiered schedules for implementation of those recommendations. Recommendation WR1 of the Sustainability Plan, which is a component of this ordinance, is the establishment of regulations for buffering along streams and creeks. This is a Tier 1 recommendation. Currently, the City has no ordinance which defines a streamway buffer or describes best practices for conservation of a streamway buffer. The proposed ordinance would define minimum standards of streamway protection and provide various incentives for a development to retain such buffer in a natural state. The proposed incentives include a partial or complete waiver of certain bufferyard requirements and the ability of a developer to substitute trees within a buffer for some required trees within a development. A second recommendation of the Sustainability Master Plan is regulations regarding permeable pavement (WR4). This is a Tier 2 recommendation. Current ordinances may allow for certain types of permeable concrete, Ord. No. 480-VVVV Page 1 asphalt or permeable pavers to be used as parking surfaces or for private sidewalks, but no requirements or regulations are in place to govern their use. The proposed ordinance consists of two options: incentivized implementation which would give credit toward the calculation of stormwater utility system fees when permeable pavement is utilized, and required implementation which would create minimum required percentages for permeable pavement on commercial development. The incentivized option could encourage use of permeable pavement through a targeted reduction of stormwater utility system fees. These fees are assessed on developed properties by calculating the amount of impervious coverage such as buildings or paved areas. The proposed amendment would allow the calculated amount of impervious coverage to be lessened in areas where permeable pavement is utilized, thus reducing stormwater utility system fees on the site. As a stormwater facility, the permeable pavement would have to be put in place in conjunction with an approved site plan, and continually maintained to ensure its performance. If the pavement is subsequently removed and conventional pavement put in its place, the full stormwater utility system fee rate would apply in the future. The required option would require a certain percentage of permeable pavement to be utilized on all developing properties over one (1) acre. The initial required percentage could be set conservatively, as the use of permeable pavement is a relatively nascent technology with high initial costs. However, the ordinance could be structured so that the regulations are reviewed after a certain period of time and the percentage of required permeable pavement adjusted in response to changes in installation costs of permeable pavement and in accordance with the City's goals and the future development of the Sustainability Plan. In addition to implementing recommendations of the Sustainability Plan, the two proposed amendments would also aid in implementing the Integrated Stormwater Management (iSWM) program which has been adopted by the City. ISWM was developed by the North Central Texas Council of Governments (NCTCOG) to provide local jurisdictions with a variety of Best Management Practices (BMPs) to aid in meeting state regulations for stormwater impact mitigation. Streambuffers and permeable pavement are both listed as BMPs in the iSWM Technical Manual. Implementation of iSWM BMPs in development is a Tier 2 recommendation of the Sustainability Plan (WR3). The final component of this amendment would reconcile conflicting regulations for garage sales in Section 4, Definitions and Section 34, Accessory Uses and amend two items in Section 45 to update the recently -amended `RE' zoning district to `RE-5' and `RE-7'. Ord. No. 480-VVVV Page 2 PROPOSED CHANGE TO BUFFERYARD REQUIREMENTS IN SECTION 42 TO IMPLEMENT STREAMBUFFER REGULATIONS: Section 42.2, definitions g. Streamway: A naturally occurring watercourse and associated riparian corridor as measured 25 feet from top of bank or 50 feet from a creek or stream centerline, or the boundary of the 100 year floodplain, whichever is greater, and which contains native growth such as canopy trees, understory trees, shrubs and groundcover of the woody and herbaceous variety which are conducive to the protection and stabilization of the stream bank from the effects of development and water runoff. 42.4, DETERMINATION OF BUFFERYARD REQUIREMENTS Streamway Buffer Credit: Where a Site Plan or Concept Plan is required by Section 41, City Council may completely or partially waive Bufferyard requirements on any boundary of a site or portion thereof which lies within a naturally -occurring stream corridor as defined in Section 42.2.g and in accordance with Section 9.5-82, "Open Channel Policy." To qualify for credit, the streamway buffer must meet the following: 1. The streamway buffer must be placed within a conservation easement and filed on the plat or by appropriate instrument in the County records. The plat or easement must clearly state that no activity or clearing of vegetation shall take place without prior authorization from the City of Southlake, except in the case of an imminent threat to life or property. Monuments shall be set on the property to delineate the boundary of the conservation easement; 2. For developments with multiple lots under an owner's association, it shall be the option of the developer to designate the buffer as a separate lot under common ownership in lieu of a conservation easement. The lot must be deed restricted to prevent clearing or development in a way which achieves the intent of the conservation easement. If the developer elects this option, bufferyard credit will apply to the side(s) of the lot(s) which directly abuts the buffer lot; 3. The extent of the buffer and the existing trees therein shall be documented as part of a required tree survey, and the limits of the buffer shall be clearly shown on all site and civil plans; 4. For developments with multiple lots under an owner's association, it shall be the option of the developer to designate the buffer as a separate lot under common ownership in lieu of a conservation easement. The lot must be deed restricted to prevent alteration or development in a way which achieves the intent of the conservation easement. If the developer elects this option, or if the buffer lot is dedicated to the city of Southlake, bufferyard credit will apply to the side(s) of the lot(s) which directly abuts and runs parallel to the buffer lot; 5. Adequate protection of the buffer shall be maintained throughout construction. If any damage is done to or within the buffer during construction, the damaged area shall be restored to the maximum extent practicable with native plantings and ground cover. Such restoration shall be completed and new vegetation put in place prior to issuance of a Certificate of Occupancy for the associated building(s); 6. A streamway buffer may only be used for passive recreation in conjunction with a Site Plan approved by the City, and only where topography and considerations of stream bank stability and the integrity of the riparian area allow for such activity. Allowable uses include pedestrian, bike, or equestrian trails, provided that: (a) any Ord. No. 480-VVVV Page 3 native plant material that is eliminated shall have a minimal impact and shall be replaced elsewhere within the buffer; (b) the total width of the streamway buffer is maintained; and (c) all other regulations of this ordinance are met. In instances where such approved facilities are put in place, limited trimming and maintenance may be performed to keep the facilities usable, so long as no additional clearing of vegetation is performed beyond what existed at the time the trail was completed. In no event shall the following uses be permitted in a streamway buffer: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters; 7. Additional plantings and/or restoration of the streamway buffer including replacement of invasive species with native species is encouraged provided that such activity results in the planting of native species approved by the Landscape Administrator. Any approved landscaping placed within the buffer area will count toward front or side yard landscaping as required in the Landscape Ordinance, Section 3.3.d; 8. For single lots which contain a stream corridor running within their boundaries rather than along their boundaries, fifty percent (50%) credit shall be given towards plantings and width to the bufferyard required along the lot boundaries roughly parallel to the banks of the preserved stream or the shortest linear site boundaries on either side if the stream meanders or runs diagonally through the site. Fencing requirements shall not be altered as part of the foregoing bufferyard credit. 9. On non -single family residential development, credit for existing trees within the stream corridor may be granted in the following instances: (a) The trees within the stream corridor which are used as credit are native species in healthy condition; (b) For buffers along property lines, the trees within the stream corridor shall be sufficient in number to account for all new plantings that would have been required for a manmade buffer along the same property boundary. No credit will be given for trees required within other buffers or the interior of the site unless a surplus of trees exist within the streamway buffer above what would be required for a buffer along the same property boundary; (c) The trees used as credit are clearly tabulated and marked on the approved Landscape Plan by species and caliper inch size; (d) Credit may be granted on a one for one basis towards any required planting within the interior of the site, other required bufferyards, or the parking lot; provided, however, that the required plantings within these areas individually are not reduced by more than twenty percent (20%) of the minimum requirements for any lot, building, or off-street parking area. All other requirements such as fencing type and height, irrigation, and parking lot island width shall be unaffected by this provision; (e) On commercial developments with multiple lots or zero lot line buildings with common parking and amenities, or on sites where the developer elects to parcel off or dedicate the buffer lot, credit toward required plantings shall be given only for the lot(s) which contains or abuts the stream corridor; (f) An applicant who elects to preserve a streamway buffer for credit against bufferyard and tree planting requirements shall still be required to preserve the minimum percentage of existing tree coverage as required in the Tree Preservation Ordinance No. 585-D. Ord. No. 480-VVVV Page 4 PERMEABLE PAVEMENT OPTION 1: CHANGES TO SECTIONS 4, 33, 35 TO INCENTIVIZE USE OF PERMEABLE PAVEMENT: PROPOSED ADDITIONS TO SECTION 4 - DEFINITIONS ALL-WEATHER SURFACE — A dust free surface constructed of cement, asphalt, brick or other commonly accepted pavement which may be approved by the Administrative Official. Not to include Permeable Pavement such as porous concrete or asphalt, as defined in this section. PERMEABLE PAVEMENT — Also known as porous or pervious pavement, shall consist of cement or asphalt which meets the minimum load bearing specifications utilized for an equivalent impervious all-weather parking surface. A surface will be considered permeable if it is engineered and installed to current industry standards upon soil which is appropriate to receive and abate the intake of water from the permeable surface (0.5 inches or greater of penetration per hour). Prior to certificate of occupancy, a letter of certification must be provided to the City by the engineer of record which verifies the installation and performance of the permeable pavement. The performance of the permeable surface must be maintained at regular intervals and as needed through cleaning and/or sweeping. To assure continued performance of the facility, a maintenance plan shall be required in accordance with Section 33.22 of this ordinance. Damaged, worn, rutted or non -performing areas, or areas which have exceeded their usable lifespan must be replaced with like materials of the same specification in accordance with the approved Site Plan. Permeable pavement is not appropriate in areas of high traffic or where heavy machinery or trucks larger than one (1) ton routinely traverse, or downstream of areas where toxic chemicals are routinely handled or transported or where gas or fueling stations are located. Modular pavers which allow for water infiltration shall be considered permeable pavement on a case by case basis if the pavers are made of load bearing masonry material and contribute to the aesthetics of the site. For the purposes of this ordinance, in no case shall the use of grass pavers, grasscrete, honeycomb or grid systems, non - masonry tiles or pavers, or any system utilizing exposed grass, vegetation, gravel, sand, or equivalent material as a parking surface constitute permeable pavement, a pervious surface for the purposes of calculating impervious coverage, or an all-weather surface as defined in this section. Proposed Addition to Section 33 SECTION 33.22 USE OF PERMEABLE PAVEMENT TO OFFSET IMPERVIOUS COVERAGE For the purposes of calculating stormwater utility system fees, a developer may be credited at a fifty percent (50%) rate for the total square footage of off-street parking area on which permeable pavement is utilized. Ord. No. 480-VVVV Page 5 Permeable pavement used for credit shall conform to all requirements of this ordinance and shall be located on the same property which receives credit toward stormwater utility system assessment. Subsequent removal of all or a portion of the permeable pavement shall cause the property to be assessed stormwater utility system fees at the standard rate. Proposed Addition to Section 35.4 TYPE OF PARKING SURFACE REQUIRED —All parking and vehicle use areas shall be of an all weather surface material and constructed in accordance with applicable codes. Permeable pavement such as permeable asphalt, concrete or equivalent shall be considered an all weather surface if it is designed by a licensed engineer experienced in the design of permeable pavement, is installed to industry standards, and meets the definition of permeable pavement in Section 4. PERMEABLE PAVEMENT OPTION 2: CHANGES TO SECTION 4 AND SECTION 35 TO REQUIRE USE OF PERMEABLE PAVEMENT: SECTION 4.2, DEFINITIONS ALL-WEATHER SURFACE — A dust free surface constructed of cement, asphalt, brick or other commonly accepted pavement which may be approved by the Administrative Official. Not to include Permeable Pavement such as porous concrete or asphalt, as defined in this section. PERMEABLE PAVEMENT — Also known as porous or pervious pavement, shall consist of cement or asphalt which meets the minimum load bearing specifications utilized for an equivalent impervious all-weather parking surface. A surface will be considered permeable if it is engineered and installed to current industry standards. The permeable pavement shall either be installed upon soil which is appropriate to receive and abate the intake of water from the permeable surface (0.5 inches or greater of penetration per hour) or the reservoir course shall be designed to detain a quantity of water sufficient to avoid ponding or the reservoir course shall be supplemented with an underdrain to evacuate excess water. Prior to certificate of occupancy, a letter of certification must be provided to the City by the engineer of record which verifies the installation and performance of the permeable pavement. The performance of the permeable surface must be maintained at regular intervals and as needed through cleaning and/or sweeping. To assure continued performance of the facility, a maintenance plan shall be required in accordance with Section 33.22 of this ordinance. Damaged, worn, rutted or non -performing areas, or areas which have exceeded their usable lifespan must be replaced with like materials of the same specification in accordance with the approved Site Plan. Permeable pavement is not appropriate in areas of high traffic or where heavy machinery or trucks larger than one (1) ton routinely traverse, or downstream of areas Ord. No. 480-VVVV Page 6 where toxic chemicals are routinely handled or transported or where gas or fueling stations are located. Modular pavers which allow for water infiltration shall be considered permeable pavement on a case by case basis if the pavers are made of load bearing masonry material and contribute to the aesthetics of the site. For the purposes of this ordinance, in no case shall the use of grass pavers, grasscrete, honeycomb or grid systems, non - masonry tiles or pavers, or any system utilizing exposed grass, vegetation, gravel, sand, or equivalent material as a parking surface constitute permeable pavement, a pervious surface for the purposes of calculating impervious coverage, or an all-weather surface as defined in this section. SECTION 35.4 - TYPE OF PARKING SURFACE REQUIRED All parking and vehicle use areas shall be of an all-weather surface material and constructed in accordance with applicable codes. Permeable pavement such as permeable asphalt, concrete or equivalent shall be considered an all-weather surface if it is designed by a licensed engineer experienced in the design of permeable pavement, is installed to industry standards, and meets the definition of permeable pavement in Section 4.2. a. Requirement for the use of permeable pavement — All non -single family residential developments of one (1) acre or greater, or developments on an individual property under one (1) acre that is part of a Concept or Development Plan encompassing an area of one (1) acre or greater, shall construct a minimum of twenty (20) percent of the required off-street parking using permeable pavement as defined. b. Permeable Pavement Maintenance Plan — All developments utilizing permeable pavement shall submit as part of Site Plan approval a plan for the regular and continued maintenance of the facility. Such plan shall: 1. Allocate responsibility and guidelines for the maintenance of the facility; 2. Provide that any changes to the plan be approved by City Council; 3. Provide that failure of the responsible party to maintain the facility shall grant prerogative to the City of Southlake to abate the condition in accordance with procedures for drainageways and drainage facilities in Chapter 9.5-182(d). Legal Review: This item is under review by the City Attorney. Attachments: (A) Ordinance 480-VVVV with permeable pavement incentivized Ord. No. 480-VVVV Page 7 (B) Ordinance 480-VVVV with permeable pavement required (C) Link to Presentation Ord. No. 480-VVVV Page 8 ATTACHMENT "A" — STREAMBUFFER REGULATIONS AND INCENTIVIZED USE OF PERMEABLE PAVERS ORDINANCE NO. 480-VVVV AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING REGULATIONS REGARDING BUFFERING ALONG STREAMS WHICH ABUT OR PASS THROUGH DEVELOPING PROPERTY; ADDING REGULATIONS REGARDING THE USE OF PERMEABLE PAVEMENTS; CURING REGULATORY AND NAMING INCONSISTENCIES WITHIN VARIOUS SECTIONS OF THE ORDINANCE; 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 establishment of a stream buffer area ordinance will reduce erosion, preserve habitat, increase open space, create unique neighborhoods and minimize impacts to citizen safety and property; and WHEREAS, regulating the use of pervious paving will reduce impacts from stormwater runoff by reducing the sheet flow of water, reducing instances of ponding in low lying areas, and reducing the transmission of pollutants into waterways; and WHEREAS, the amendment will promote the goals and objectives of the City's zoning ordinance and the Sustainability Master Plan; and Ord. No. 480-VVVV Page 9 WHEREAS, the Sustainability Master Plan is a component of the Southlake 2030 Plan, the comprehensive plan of the City of Southlake; and WHEREAS, the Planning and Zoning commission and City Council have 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 No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, is hereby amended to add regulations regarding buffering along streams which abut or pass through developing property to Section 42, Bufferyards: SECTION 42.2, DEFINITIONS g. Streamway: A naturally occurring watercourse and associated riparian corridor as measured 25 feet from top of bank or 50 feet from a creek or stream centerline, or the boundary of the 100 year floodplain, whichever is greater, and which contains native growth such as canopy trees, understory trees, shrubs and groundcover of the woody and herbaceous variety which are conducive to the protection and stabilization of the stream bank from the effects of development and water runoff. 42.4, DETERMINATION OF BUFFERYARD REQUIREMENTS h. Streamway Buffer Credit: Where a Site Plan or Concept Plan is required by Section 41, City Council may completely or partially waive Bufferyard requirements on any boundary of a site or portion thereof which lies within a naturally -occurring stream corridor as defined in Section 42.2.g and in accordance with Section 9.5-82, "Open Channel Policy." To qualify for credit, the streamway buffer must meet the following: 1. The streamway buffer must be placed within a conservation easement and filed on the plat or by appropriate instrument in the County records. The plat or easement must clearly state that no activity or clearing of vegetation shall take place without prior authorization from the City of Southlake, except in the case of an imminent threat to life or property. Monuments shall be set on the property to delineate the boundary of the conservation easement; 2. The extent of the buffer and the existing trees therein shall be documented as part of a required tree survey, and the limits of the buffer shall be clearly shown on all site and civil plans; Ord. No. 480-VVVV Page 10 3. For developments with multiple lots under an owner's association, it shall be the option of the developer to designate the buffer as a separate lot under common ownership in lieu of a conservation easement. The lot must be deed restricted to prevent alteration or development in a way which achieves the intent of the conservation easement. If the developer elects this option, or if the buffer lot is dedicated to the city of Southlake, bufferyard credit will apply to the side(s) of the lot(s) which directly abuts the buffer lot; 4. Adequate protection of the buffer shall be maintained throughout construction. If any damage is done to or within the buffer during construction, the damaged area shall be restored to the maximum extent practicable with native plantings and ground cover. Such restoration shall be completed and new vegetation put in place prior to issuance of a Certificate of Occupancy for the associated building(s); 5. A streamway buffer may only be used for passive recreation in conjunction with a Site Plan approved by the City, and only where topography and considerations of stream bank stability and the integrity of the riparian area allow for such activity. Allowable uses include pedestrian, bike, or equestrian trails, provided that: (a) any native plant material that is eliminated shall have a minimal impact and shall be replaced elsewhere within the buffer; (b) the total width of the streamway buffer is maintained; and (c) all other regulations of this ordinance are met. In instances where such approved facilities are put in place, limited trimming and maintenance may be performed to keep the facilities usable, so long as no additional clearing of vegetation is performed beyond what existed at the time the trail was completed. In no event shall the following uses be permitted in a streamway buffer: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters; 6. Additional plantings and/or restoration of the streamway buffer including replacement of invasive species with native species is encouraged provided that such activity results in the planting of native species approved by the Landscape Administrator. Any approved landscaping placed within the buffer area will count toward front or side yard landscaping as required in the Landscape Ordinance, Section 3.3.d; 7. For single lots which contain a stream corridor running within their boundaries rather than along their boundaries, fifty percent (50%) credit shall be given towards plantings and width to the bufferyard required along the lot boundaries roughly parallel to the banks of the preserved stream or the shortest linear site boundaries on either side if the stream meanders or runs diagonally through the site. Fencing requirements shall not be altered as part of the foregoing bufferyard credit; 8. On non -single family residential development, credit for existing trees within the stream corridor may be granted in the following instances: (a) The trees within the stream corridor which are used as credit are native species in healthy condition; (b) For buffers along property lines, the trees within the stream corridor shall be sufficient in number to account for all new plantings that would have been required for a manmade buffer along the same property boundary. No credit will be given for trees required within other buffers or the interior of the site unless a surplus of trees exist within the streamway buffer above what would be required for a buffer along the same property boundary; Ord. No. 480-VVVV Page 11 (c) The trees used as credit are clearly tabulated and marked on the approved Landscape Plan by species and caliper inch size; (d) Not withstanding the provisions of 42.4.h.8(b), credit may be granted on a one for one basis towards any required planting within the interior of the site, other required bufferyards, or the parking lot; provided, however, that the required plantings within these areas individually are not reduced by more than twenty percent (20%) of the minimum requirements for any lot, building, or off-street parking area. All other requirements including, but not limited to, fencing type and height, irrigation, and parking lot island width shall be unaffected by this provision; (e) On commercial developments with multiple lots or zero lot line buildings with common parking and amenities, or on sites where the developer elects to parcel off or dedicate the buffer lot, credit toward required plantings shall be given for the lot(s) which contains or abuts the stream corridor; (f) An applicant who elects to preserve a streamway buffer for credit against bufferyard and tree planting requirements shall still be required to preserve the minimum percentage of existing tree coverage as required in the Tree Preservation Ordinance No. 585-D. SECTION 2 Ordinance No. 480, as amended, is hereby amended to add language to the following sections with regard to permeable pavement: SECTION 4.2 - DEFINITIONS ALL-WEATHER SURFACE — A dust free surface constructed of cement, asphalt, brick or other commonly accepted pavement which may be approved by the Administrative Official. Not to include Permeable Pavement such as porous concrete or asphalt, as defined in this section. PERMEABLE PAVEMENT — Also known as porous or pervious pavement, shall consist of cement or asphalt which meets the minimum load bearing specifications utilized for an equivalent impervious all-weather parking surface. A surface will be considered permeable if it is engineered and installed to current industry standards. The permeable pavement shall either be installed upon soil which is appropriate to receive and abate the intake of water from the permeable surface (0.5 inches or greater of penetration per hour) or the reservoir course shall be designed to detain a quantity of water sufficient to avoid ponding or the reservoir course shall be supplemented with an underdrain to evacuate excess water. Prior to certificate of occupancy, a letter of certification must be provided to the City by the engineer of record which verifies the installation and performance of the permeable pavement. The performance of the permeable surface must be maintained at regular intervals and as needed through cleaning and/or sweeping. Damaged, worn, rutted or non -performing areas, or areas which have exceeded their usable lifespan must be replaced with like materials of the same specification in accordance with the approved Site Plan. Ord. No. 480-VVVV Page 12 Permeable pavement is not appropriate in areas of high traffic or where heavy machinery or trucks larger than one (1) ton routinely traverse, or downstream of areas where toxic chemicals are routinely handled or transported or where gas or fueling stations are located. Modular pavers which allow for water infiltration shall be considered permeable pavement on a case by case basis if the pavers meet the performance standards of permeable pavement, are made of load bearing masonry material and contribute to the aesthetics of the site. For the purposes of this ordinance, in no case shall the use of grass pavers, grasscrete, honeycomb or grid systems, non -masonry tiles or pavers, or any system utilizing exposed grass, vegetation, gravel, sand, or equivalent material as a parking surface constitute permeable pavement, a pervious surface for the purposes of calculating impervious coverage, or an all-weather surface as defined in this section. SECTION 33.22 - USE OF PERMEABLE PAVEMENT TO OFFSET IMPERVIOUS COVERAGE For the purposes of calculating stormwater utility system fees, a developer may be credited at a fifty percent (50%) rate for the total square footage of off-street parking area on which permeable pavement, as defined, is utilized on the site. Permeable pavement used for credit shall conform to all requirements of this ordinance and shall be located on the same property which receives credit toward stormwater utility system assessment. Subsequent removal of all or a portion of the permeable pavement shall subject the altered area of the property to stormwater utility system fee assessment at the standard rate. SECTION 35.4 - TYPE OF PARKING SURFACE REQUIRED All parking and vehicle use areas shall be of an all-weather surface material and constructed in accordance with applicable codes. Permeable pavement such as permeable asphalt, concrete or equivalent shall be considered an all-weather surface if it is designed by a licensed engineer experienced in the design of permeable pavement, is installed to industry standards, and meets the definition of permeable pavement in Section 4.2. SECTION 3 The changes described in Section 2 shall be reviewed within two (2) years of passage of this ordinance to determine whether further increases in required permeable pavement are warranted to fulfill the goals of the Sustainability Master Plan. SECTION 4 Ordinance No. 480, as amended, is hereby amended to add revised language with regard to garage sales: SECTION 4.2, DEFINITIONS GARAGE SALES — Occasional sales (garage sales and patio sales only) at retail, not to exceed twe (2) three (3) in number on the same premises in any one calendar year by a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling such property at retail; provided that (1) the sale shall be confined to the garage and/or patio of the premises; (2) no new merchandise acquired solely for the purpose of resale on the Ord. No. 480-VVVV Page 13 premises shall be sold at such occasional sale; (3) the duration of each such sale shall not exceed three (3) consecutive calendar days; (4) a permit shall be secured at least 72 hours prior to and shall be prominently posted on such premises during such sale; (5) the permit fee amount shall be as established by the City Council; (6) only one sign shall be permitted, not to exceed two (2) square feet in area, upon the premises where and when the sale is taking place. All other signs relating to the sale, either on or off the premises, shall meet the requirements of all sign regulations adopted by the City. SECTION 5 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, is hereby amended to remove "RE" or Single Family Residential Estate `RE' and replace with "RE-Y or Single Family Residential Estate `RE-5' and "RE-7" or Single Family Residential Estate `RE-7' within section 45.1: SPECIFIC USE PERMIT DISTRICT WHERE PERMITTED 43. Accessory buildings located in the front yard. SF-1 A, SF-1B aad R€, RE-5 and RE-7 PLOT PLAN REQUIRED 50. Electric vehicle charging space(s) All except AG, R€ Level 1, Level 2, or Level 3/Rapid Charge for commercial or RE-5 and RE-7, RCS, SF-1A, SF - public use. 1 B, SF-2, SF-20A, Subject to the requirements set forth in Section 45.20 of this SF-2013, and SF - 30, MH, MF-1 ordinance. SECTION 6 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 7 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 Ord. No. 480-VVVV Page 14 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 8 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 9 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 10 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 11 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, Ord. No. 480-VVVV Page 15 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 12 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 9th day of September, 2016. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 20th day of September, 2016. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Ord. No. 480-VVVV Page 16 CITY ATTORNEY Ord. No. 480-VVVV Page 17 ATTACHMENT "B" — STREAMBUFFER REGULATIONS AND REQUIRED USE OF PERMEABLE PAVERS ORDINANCE NO. 480-VVVV AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING REGULATIONS REGARDING BUFFERING ALONG STREAMS WHICH ABUT OR PASS THROUGH DEVELOPING PROPERTY; ADDING REGULATIONS REGARDING THE USE OF PERMEABLE PAVEMENTS; CURING REGULATORY AND NAMING INCONSISTENCIES WITHIN VARIOUS SECTIONS OF THE ORDINANCE; 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 establishment of a stream buffer area ordinance will reduce erosion, preserve habitat, increase open space, create unique neighborhoods and minimize impacts to citizen safety and property; and WHEREAS, regulating the use of pervious paving will reduce impacts from stormwater runoff by reducing the sheet flow of water, reducing instances of ponding in low lying areas, and reducing the transmission of pollutants into waterways; and WHEREAS, the amendment will promote the goals and objectives of the City's zoning ordinance and the Sustainability Master Plan; and Ord. No. 480-VVVV Page 18 WHEREAS, the Sustainability Master Plan is a component of the Southlake 2030 Plan, the comprehensive plan of the City of Southlake; and WHEREAS, the Planning and Zoning commission and City Council have 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 No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, is hereby amended to add regulations regarding buffering along streams which abut or pass through developing property to Section 42, Bufferyards: SECTION 42.2, DEFINITIONS g. Streamway: A naturally occurring watercourse and associated riparian corridor as measured 25 feet from top of bank or 50 feet from a creek or stream centerline, or the boundary of the 100 year floodplain, whichever is greater, and which contains native growth such as canopy trees, understory trees, shrubs and groundcover of the woody and herbaceous variety which are conducive to the protection and stabilization of the stream bank from the effects of development and water runoff. 42.4, DETERMINATION OF BUFFERYARD REQUIREMENTS h. Streamway Buffer Credit: Where a Site Plan or Concept Plan is required by Section 41, City Council may completely or partially waive Bufferyard requirements on any boundary of a site or portion thereof which lies within a naturally -occurring stream corridor as defined in Section 42.2.g and in accordance with Section 9.5-82, "Open Channel Policy." To qualify for credit, the streamway buffer must meet the following: 1. The streamway buffer must be placed within a conservation easement and filed on the plat or by appropriate instrument in the County records. The plat or easement must clearly state that no activity or clearing of vegetation shall take place without prior authorization from the City of Southlake, except in the case of an imminent threat to life or property. Monuments shall be set on the property to delineate the boundary of the conservation easement; 2. The extent of the buffer and the existing trees therein shall be documented as part of a required tree survey, and the limits of the buffer shall be clearly shown on all site and civil plans; Ord. No. 480-VVVV Page 19 3. For developments with multiple lots under an owner's association, it shall be the option of the developer to designate the buffer as a separate lot under common ownership in lieu of a conservation easement. The lot must be deed restricted to prevent alteration or development in a way which achieves the intent of the conservation easement. If the developer elects this option, or if the buffer lot is dedicated to the city of Southlake, bufferyard credit will apply to the side(s) of the lot(s) which directly abuts the buffer lot; 4. Adequate protection of the buffer shall be maintained throughout construction. If any damage is done to or within the buffer during construction, the damaged area shall be restored to the maximum extent practicable with native plantings and ground cover. Such restoration shall be completed and new vegetation put in place prior to issuance of a Certificate of Occupancy for the associated building(s); 5. A streamway buffer may only be used for passive recreation in conjunction with a Site Plan approved by the City, and only where topography and considerations of stream bank stability and the integrity of the riparian area allow for such activity. Allowable uses include pedestrian, bike, or equestrian trails, provided that: (a) any native plant material that is eliminated shall have a minimal impact and shall be replaced elsewhere within the buffer; (b) the total width of the streamway buffer is maintained; and (c) all other regulations of this ordinance are met. In instances where such approved facilities are put in place, limited trimming and maintenance may be performed to keep the facilities usable, so long as no additional clearing of vegetation is performed beyond what existed at the time the trail was completed. In no event shall the following uses be permitted in a streamway buffer: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters; 6. Additional plantings and/or restoration of the streamway buffer including replacement of invasive species with native species is encouraged provided that such activity results in the planting of native species approved by the Landscape Administrator. Any approved landscaping placed within the buffer area will count toward front or side yard landscaping as required in the Landscape Ordinance, Section 3.3.d; 7. For single lots which contain a stream corridor running within their boundaries rather than along their boundaries, fifty percent (50%) credit shall be given towards plantings and width to the bufferyard required along the lot boundaries roughly parallel to the banks of the preserved stream or the shortest linear site boundaries on either side if the stream meanders or runs diagonally through the site. Fencing requirements shall not be altered as part of the foregoing bufferyard credit; 8. On non -single family residential development, credit for existing trees within the stream corridor may be granted in the following instances: (a) The trees within the stream corridor which are used as credit are native species in healthy condition; (b) For buffers along property lines, the trees within the stream corridor shall be sufficient in number to account for all new plantings that would have been required for a manmade buffer along the same property boundary. No credit will be given for trees required within other buffers or the interior of the site unless a surplus of trees exist within the streamway buffer above what would be required for a buffer along the same property boundary; Ord. No. 480-VVVV Page 20 (c) The trees used as credit are clearly tabulated and marked on the approved Landscape Plan by species and caliper inch size; (d) Not withstanding the provisions of 42.4.h.8(b), credit may be granted on a one for one basis towards any required planting within the interior of the site, other required bufferyards, or the parking lot; provided, however, that the required plantings within these areas individually are not reduced by more than twenty percent (20%) of the minimum requirements for any lot, building, or off-street parking area. All other requirements including, but not limited to, fencing type and height, irrigation, and parking lot island width shall be unaffected by this provision; (e) On commercial developments with multiple lots or zero lot line buildings with common parking and amenities, or on sites where the developer elects to parcel off or dedicate the buffer lot, credit toward required plantings shall be given for the lot(s) which contains or abuts the stream corridor; (f) An applicant who elects to preserve a streamway buffer for credit against bufferyard and tree planting requirements shall still be required to preserve the minimum percentage of existing tree coverage as required in the Tree Preservation Ordinance No. 585-D. SECTION 2 Ordinance No. 480, as amended, is hereby amended to add language to the following sections with regard to permeable pavement: SECTION 4.2, DEFINITIONS SECTION 4.2, DEFINITIONS ALL-WEATHER SURFACE — A dust free surface constructed of cement, asphalt, brick or other commonly accepted pavement which may be approved by the Administrative Official. Not to include Permeable Pavement such as porous concrete or asphalt, as defined in this section. PERMEABLE PAVEMENT — Also known as porous or pervious pavement, shall consist of cement or asphalt which meets the minimum load bearing specifications utilized for an equivalent impervious all-weather parking surface. A surface will be considered permeable if it is engineered and installed to current industry standards upon soil which is appropriate to receive and abate the intake of water from the permeable surface (0.5 inches or greater of penetration per hour). Prior to certificate of occupancy, a letter of certification must be provided to the City by the engineer of record which verifies the installation and performance of the permeable pavement. The performance of the permeable surface must be maintained at regular intervals and as needed through cleaning and/or sweeping. To assure continued performance of the facility, a maintenance plan shall be required in accordance with Section 35.4 of this ordinance. Damaged, worn, rutted or non -performing areas, or areas which have exceeded their usable Ord. No. 480-VVVV Page 21 lifespan must be replaced with like materials of the same specification in accordance with the approved Site Plan. Permeable pavement is not appropriate in areas of high traffic or where heavy machinery or trucks larger than one (1) ton routinely traverse, or downstream of areas where toxic chemicals are routinely handled or transported or where gas or fueling stations are located. Modular pavers which allow for water infiltration shall be considered permeable pavement on a case by case basis if the pavers meet the performance standards of permeable pavement, are made of load bearing masonry material and contribute to the aesthetics of the site. For the purposes of this ordinance, in no case shall the use of grass pavers, grasscrete, honeycomb or grid systems, non -masonry tiles or pavers, or any system utilizing exposed grass, vegetation, gravel, sand, or equivalent material as a parking surface constitute permeable pavement, a pervious surface for the purposes of calculating impervious coverage, or an all-weather surface as defined in this section. SECTION 35.4 - TYPE OF PARKING SURFACE REQUIRED All parking and vehicle use areas shall be of an all-weather surface material and constructed in accordance with applicable codes. Permeable pavement such as permeable asphalt, concrete or equivalent shall be considered an all-weather surface if it is designed by a licensed engineer experienced in the design of permeable pavement, is installed to industry standards, and meets the definition of permeable pavement in Section 4.2. a. Requirement for the use of permeable pavement — All non -single family residential developments of one (1) acre or greater, or developments on an individual property under one (1) acre that is part of a Concept or Development Plan encompassing an area of one (1) acre or greater, shall construct a minimum of twenty (20) percent of the required off-street parking using permeable pavement as defined. Permeable Pavement Maintenance Plan — All developments utilizing permeable pavement shall submit as part of Site Plan approval a plan for the regular and continued maintenance of the facility. Such plan shall: Allocate responsibility and guidelines for the maintenance of the facility; 2. Provide that any changes to the plan be approved by City Council; 3. Provide that failure of the responsible party to maintain the facility shall grant prerogative to the City of Southlake to abate the condition in accordance with the procedures for drainageways and drainage facilities in Chapter 9.5-182(d). SECTION 3 The changes described in Section 2 shall be reviewed within two (2) years of passage of this ordinance to determine whether further increases in required permeable pavement are warranted to fulfill the goals of the Sustainability Master Plan. SECTION 4 Ord. No. 480-VVVV Page 22 Ordinance No. 480, as amended, is hereby amended to add revised language with regard to garage sales: SECTION 4.2, DEFINITIONS GARAGE SALES — Occasional sales (garage sales and patio sales only) at retail, not to exceed two (2) three (3) in number on the same premises in any one calendar year by a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling such property at retail; provided that (1) the sale shall be confined to the garage and/or patio of the premises; (2) no new merchandise acquired solely for the purpose of resale on the premises shall be sold at such occasional sale; (3) the duration of each such sale shall not exceed three (3) consecutive calendar days; (4) a permit shall be secured at least 72 hours prior to and shall be prominently posted on such premises during such sale; (5) the permit fee amount shall be as established by the City Council; (6) only one sign shall be permitted, not to exceed two (2) square feet in area, upon the premises where and when the sale is taking place. All other signs relating to the sale, either on or off the premises, shall meet the requirements of all sign regulations adopted by the City. SECTION 5 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, is hereby amended to remove "RE" or Single Family Residential Estate `RE' and replace with "RE-5" or Single Family Residential Estate `RE-5' and "RE-7" or Single Family Residential Estate `RE-7' within section 45.1: SPECIFIC USE PERMIT DISTRICT WHERE PERMITTED 43. Accessory buildings located in the front yard. SF-1A, SF-1 B aPA RE, RE-5 and RE-7 PLOT PLAN REQUIRED 50. Electric vehicle charging space(s) All except AG, RE Level 1, Level 2, or Level 3/Rapid Charge for commercial or RE-5 and RE-7, RCS, SF-1A, SF - public use. 1 B, SF-2, SF-20A, Subject to the requirements set forth in Section 45.20 of this SF-2013, and SF - 30, MH, MF-1 ordinance. SECTION 6 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 Ord. No. 480-VVVV Page 23 provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 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 8 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 9 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 10 Ord. No. 480-VVVV Page 24 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 11 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 12 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 9th day of September, 2016. MAYOR ATTEST: CITY SECRETARY Ord. No. 480-VVVV Page 25 PASSED AND APPROVED on the 2nd reading the 20th day of September, 2016. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Ord. No. 480-VVVV Page 26