Item 6HOrd. No. 480-VVVV Page 1
M E M O R A N D U M
October 26, 2016
To: Shana Yelverton, City Manager
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. Cur rently, 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 2
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 3
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
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 Chapter 9.5, Subsection 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;
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 and runs parallel to 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
Ord. No. 480-VVVV Page 4
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;
(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 5
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.
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 dust free all-weather 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 6
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 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. If permeable asphalt or concrete is
utilized in off-street parking applications with conventional materials, the permeable and
conventional materials shall be of the same type and of similar appearance.
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.
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 dust free all-weather 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 lifespa n 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.
Ord. No. 480-VVVV Page 7
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 paveme nt – 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:
a. Allocate responsibility and guidelines for the maintenance of the facility;
b. Provide that any changes to the plan be approved by City Council;
c. 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).
c. Variances
a. City Council: On all Site Plans and Concept Plans requiring review by the
Planning and Zoning Commission and City Council, variances to the
requirements of Section 35.4 may be granted by the City Council if the
Council finds conditions inherent to the site, such as soils with extremely low
infiltration rates or steep slopes, make installation of permeable pavement
impractical.
Ord. No. 480-VVVV Page 8
b. Board of Adjustment: On all other site plans, variances to the requirements of
Section 35.4 may be granted by the Board of Adjustment under the provisions
of Section 35.4.c.1.
PERMEABLE PAVEMENT OPTION 3: CHANGES TO SECTIONS 4 AND 35 TO
INCENTIVIZE AND REQUIRE 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.
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 dust free all-weather 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 mus t 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 35.4
SECTION 35.4 - TYPE OF PARKING SURFACE REQUIRED
Ord. No. 480-VVVV Page 9
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. Credit for additional use of permeable pavement - In addition to the
requirements of Section 35.4.a, a developer of non-single family
residential property may elect to increase the use of permeable pavement
beyond the minimum required. In these cases, the developer may receive
an offset to stormwater utility system fees so long as the pavement
remains installed and operable. 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.
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 the permeable pavement shall cause the property to be assessed
stormwater utility system fees at the standard rate.
c. 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).
d. Variances
Ord. No. 480-VVVV Page 10
1. City Council: On all Site Plans and Concept Plans requiring review by
the Planning and Zoning Commission and City Council, variances to
the requirements of Section 35.4 may be granted by the City Council if
the Council finds conditions inherent to the site, such as soils with
extremely low infiltration rates or steep slopes, make installation of
permeable pavement impractical.
2. Board of Adjustment: On all other site plans, variances to the
requirements of Section 35.4 may be granted by the Board of
Adjustment under the provisions of Section 35.4.d.1.
P&Z Commission
Action: August 18, 2016; Approved 4-0, noting that both options for the paving
will go to Council, further noting P&Z's recommendation with respect to
the number of garage sales allowed within section 4, Definitions and
section 34, Accessory Uses be two allowed per year and not three, and
approving the final component of the amendment.
City Council
1st Reading: October 4, 2016; Approved 4-0, noting that the recommendation of
mandatory versus incentivized use of permeable material, Council is not
making a recommendation rather is directing staff to provide options and
clarity at 2nd reading as it relates to no requirement with incentives, a
requirement plus incentives and any new options to address concerns
regarding the feasibility of implementing the process. Also noting that in
terms of garage sales, Council is allowing a maximum of two (2) per year
per address and specifically noting that all other changes proposed in this
ordinance are approved at 1st reading. Also noting that related to the
creek setback regulations that it will be the greater of 25 feet or 50 from
the centerline of the creek.
Legal Review: This item is under review by the City Attorney.
Attachments: (A) Ordinance 480-VVVV with permeable pavement incentivized
(B) Ordinance 480-VVVV with permeable pavement required
(C) Ordinance 480-VVVV with permeable pavement required and
incentivized
(C) Link to Presentation
(D) Link to SPIN Report
Ord. No. 480-VVVV Page 11
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 PEN ALTY 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 12
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 Chapter 9.5, Subsection 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 lif e
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 13
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 14
(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.
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 dust free all-weather 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. 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.
Ord. No. 480-VVVV Page 15
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 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. If permeable asphalt or concrete is utilized
in off-street parking applications with conventional materials, the permeable and conventional
materials shall be of the same type and of similar appearance.
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
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
Ord. No. 480-VVVV Page 16
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-1B and
RE, RE-5 and RE-7
PLOT PLAN
REQUIRED
50. Electric vehicle charging space(s)
Level 1, Level 2, or Level 3/Rapid Charge for commercial or
public use.
Subject to the requirements set forth in Section 45.20 of this
ordinance.
All except AG, RE
RE-5 and RE-7,
RCS, SF-1A, SF-
1B, SF-2, SF-20A,
SF-20B, and SF-
30, MH, MF-1
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
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
Ord. No. 480-VVVV Page 17
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,
and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
Ord. No. 480-VVVV Page 18
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 4th day of October, 2016.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 1st day of November, 2016.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
Ord. No. 480-VVVV Page 19
Ord. No. 480-VVVV Page 20
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 21
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 22
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 23
(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.
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 dust free all-weather 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
lifespan must be replaced with like materials of the same specification in accordance with the
approved Site Plan.
Ord. No. 480-VVVV Page 24
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. Where permeable asphalt or concrete is
utilized in off-street parking applications with conventional materials, the permeable and
conventional materials shall be of the same type and of similar appearance.
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 the
procedures for drainageways and drainage facilities in Chapter 9.5-182(d).
c. Variances
1. City Council: On all Site Plans and Concept Plans requiring review by the
Planning and Zoning Commission and City Council, variances to the
requirements of Section 35.4 may be granted by the City Council if the Council
finds conditions inherent to the site, such as soils with extremely low infiltration
rates or steep slopes, make installation of permeable pavement impractical.
Ord. No. 480-VVVV Page 25
2. Board of Adjustment: On all other site plans, variances to the requirements of
Section 35.4 may be granted by the Board of Adjustment under the provisions of
Section 35.4.d.1.
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
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-1B and
RE, RE-5 and RE-7
PLOT PLAN
REQUIRED
50. Electric vehicle charging space(s)
Level 1, Level 2, or Level 3/Rapid Charge for commercial or
All except AG, RE
RE-5 and RE-7,
RCS, SF-1A, SF-
Ord. No. 480-VVVV Page 26
public use.
Subject to the requirements set forth in Section 45.20 of this
ordinance.
1B, SF-2, SF-20A,
SF-20B, and SF-
30, MH, MF-1
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
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
Ord. No. 480-VVVV Page 27
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,
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 4th day of October, 2016.
____________________________
Ord. No. 480-VVVV Page 28
MAYOR
ATTEST:
____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 1st day of November, 2016.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
Ord. No. 480-VVVV Page 29
ATTACHMENT “C” – STREAMBUFFER REGULATIONS AND INCENTIVIZED/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 30
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:
9. 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;
10. 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 31
11. 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;
12. 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);
13. 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;
14. 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;
15. 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;
16. On non-single family residential development, credit for existing trees within the stream
corridor may be granted in the following instances:
(g) The trees within the stream corridor which are used as credit are native species in
healthy condition;
(h) 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 32
(i) The trees used as credit are clearly tabulated and marked on the approved
Landscape Plan by species and caliper inch size;
(j) 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;
(k) 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;
(l) 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.
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 dust free all-weather 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
lifespan must be replaced with like materials of the same specification in accordance with the
approved Site Plan.
Ord. No. 480-VVVV Page 33
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 paveme nt in
Section 4.2. Where permeable asphalt or concrete is utilized in off -street parking
applications with conventional materials, the permeable and conventional materials
shall be of the same type and of similar appearance.
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. Credit for additional use of permeable pavement - In addition to the
requirements of Section 35.4.a, a developer of non-single family
residential property may elect to increase the use of permeable pavement
beyond the minimum required. In these cases, the developer may receive
an offset to stormwater utility system fees so long as the pavement
remains installed and operable. 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.
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 the permeable pavement shall cause the property to be assessed
stormwater utility system fees at the standard rate.
Ord. No. 480-VVVV Page 34
c. 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:
4. Allocate responsibility and guidelines for the maintenance of the
facility;
5. Provide that any changes to the plan be approved by City Council;
6. Provide that failure of the responsible party to maintain the facility shall
grant prerogative to the City of Southlake to abate th e condition in
accordance with procedures for drainageways and drainage facilities in
Chapter 9.5-182(d).
d. Variances
1. City Council: On all Site Plans and Concept Plans requiring review by
the Planning and Zoning Commission and City Council, variances to
the requirements of Section 35.4 may be granted by the City Council if
the Council finds conditions inherent to the site, such as soils with
extremely low infiltration rates or steep slopes, make installation of
permeable pavement impractical.
2. Board of Adjustment: On all other site plans, variances to the
requirements of Section 35.4 may be granted by the Board of
Adjustment under the provisions of Section 35.4.d.1.
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
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
Ord. No. 480-VVVV Page 35
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-1B and
RE, RE-5 and RE-7
PLOT PLAN
REQUIRED
50. Electric vehicle charging space(s)
Level 1, Level 2, or Level 3/Rapid Charge for commercial or
public use.
Subject to the requirements set forth in Section 45.20 of this
ordinance.
All except AG, RE
RE-5 and RE-7,
RCS, SF-1A, SF-
1B, SF-2, SF-20A,
SF-20B, and SF-
30, MH, MF-1
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 36
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 37
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 4th day of October, 2016.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 1st day of November, 2016.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Ord. No. 480-VVVV Page 38
_________________________________
CITY ATTORNEY