480-VVVVORDINANCE 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, incentivizing and 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
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, which may contain 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, Development Plan or Concept Plan is
required by Section 40 or 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
the City of Southlake Code 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 designated on the plat as a Streamway Buffer
Easement 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 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 Streamway Buffer easement. The lot must be dedicated as a
common area under ownership of the Property Owners' Association to prevent
alteration or development. If the developer elects this option, or if the buffer lot is
Ordinance No. 480-VVVV Pant- 9
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 new plantings required outside of the buffer
unless a surplus of native trees exist within the streamway buffer above
what would normally be required for bufferyard plantings along the same
property boundary;
(c) If the requirements of subsection b are met, 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
Ordina
type and height, irrigation, and parking lot island width shall be unaffected
by this provision;
(d) The trees used as credit shall be clearly tabulated and marked on the
approved Landscape Plan by species and caliper inch size,
(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 most current Tree Preservation Ordinance, or its successor
ordinances.
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
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 Section 35.4.
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 primary 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.
Ordinance No. 480-VVVV Paae 4
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
Subsequent removal of the permeable pavement shall cause the property to be assessed
stormwater utility system fees 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
When permeable asphalt or concrete are utilized, the application must be uniform in material
and appearance. Permeable asphalt and concrete shall not be utilized simultaneously on a
property or within a contiguous off-street parking area. If permeable asphalt or concrete is
utilized in off-street parking applications along with conventional materials, the permeable and
conventional materials shall be of the same type and of similar appearance.
SECTION 3
Ordinance No 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, is hereby amended to revise regulations for garage sales within section 34.1
DISTRICT WHERE
PERMITTED
ACCESSORY USE
aa. Yard or garage sales, subject to the following requirements
AG, RE-5, RE-7,
RCS, SF-1A, SF-
1) No more than 2 garage sales within any 12 month period
1 B, SF-2, SF-20A,
may occur.
SF-20B, SF-30,
2) The duration of the sale shall not exceed 72 hours
MF-1, MF-2, TZD*,
EC*
SECTION 4
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
Ordinance No. 480-VVVV Paae 5
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:
DISTRICT WHERE
PERMITTED
SPECIFIC USE PERMIT
43. Accessory buildings located in the front yard SF-1A, SF-16, 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 5 and RE-7, RCS,
public use. SF-1A, SF-113, SF -
Subject to the requirements set forth in Section 45 20 of this 2, SF-20A, SF-2013,
ordinance and SF-30, MH,
MF-1
SECTION 5
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 6
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.
Ordinance No. 480-VVVV Page 6
SECTION 7
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 8
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 9
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 10
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
Ordinance No. 480-VVVV Paae 7
SECTION 11
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.
H\5a�A�
MAYO);e J
ATTEST -
CITY SECRETARV
PASSED AND APPROVED on the 2nd reading the 7th day of February, 2017.
MAYOK
ATTEST.
APPROVED AS TO FORM AND LEGALITY.
(9,ov
CITY ATTORNEY/ f
Ordinance No. 480-VVVV D--- 0
INVOICE
Star -Telegram
Customer ID:
CIT57
808 Tnrockmorton St.
Invoice Number:
339266741
FORT WORTH. TX 76102
Invoice Date:
2/10/2017
(817) 390-7761
Federal Tax ID 26-2674582
Terms:
Net due in 21 days
Due Date:
2/26/2017
Bill To:
PO Number:
21700139
CITY OF SOUTHLAKE
1400 MAIN ST
Order Number:
33926674
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Attn: Attn. ACCOUNTS PAYABLE
Publication Date:
2/10/2017
Description
Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE, TEXAS ORDIN I3580 1 46
Sales Discount
Misc Fee
County of Tarrant
46 LINE $14.17 $652.00
($594 44)
$10.00
Net Amount: $67.56
Before me, a Notary Public in and forsaidCounty and State, this day personally appeared Leticia Amaga, Buds &LegalCoordinator
for the Star -Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, TeXas : and who after being duly sworn,
did depose and say that the attached clipping of advertisement was published in the above named paper on the listed dates:
BIDS & LPGALS DPPT. Star -Telegram. (, SUBSCRIBED AND SWORNTO BEFORE MP,
'7YUS DAYOF February , ,,^
V,, 2017 i
Signed
CHRISTY L. HOLLAND
L
Notary Public
STATE OF TEXAS
�'�'se.;b�4 ID,#12091841
cps, �� NOTARYPUBLIC
Thank You For Your Payment
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 339266741
Invoice Amount: $67.56
PO Number: 21700139
Amount Enclosed: S
CITY OF S0UTHLAKE, TEXAS
ORDINANCE NO. 480-VVVV
AN ORDINANCE AMENDING ORDI-
NANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; ADDING
REGULATIONS REGARDING
— .L
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. -
PASSED AND APPROVED ON THIS,
THE 17TH DAY OF JANUARY, 2017
DURING THE REGULAR CITY
COUNCIL MEETING.
MAYOR: LAURA HILL
ATTEST LORI PAYNE, CITY SEC-
RETARY '
INVOICE
r
Star -Telegram
Customer ID:
CIT57
808 Throckmorton St.
Invoice Number:
338484591
FORT WORTH, TX 76102-
, =
Invoice Date:
9/2/2016
(817) 390-7761
- -=« -
Federal Tax ID 26-2674582
SEP 2 O 2016
Terms:
Net due in 21 days
Due Date:
9/30/2016
Bill To:
BY:
PO Number:
NO PO
CITY OF SOUTHLAKE
Order Number:
33848459
1400 MAIN ST
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
PUBLIC HEARING
Publication Date:
9/2/2016
Attn: Attn: ACCOUNTS PAYABLE
Description
Location Col Depth
Linage MU Rate Amount
PUBLIC HEARING NOTICE CITY OF I3580 1 92
County of Tarrant
92 LINE $1.20 $110.40
Net Amount:
$110.40
DEBORAH JEAN BAYLOR
Notary Public,State of Texas
Tiy My Commission Expires
''•;;Fir, ' ;;�' October 29, 2019
Before me, a Notary Public in and for said County and State, this clay personally appeared Christy Holland, Bids & Lega(Coordinator
for the Star -Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas : and who after being duly sworn,
did depose and say that the attached clipping of advertisement was published in the above named paper on the (rsted dates:
BIDS & LEGALS DE.PZ: Star -Telegram. (,SUBSCRIBED AND SWORNTO BEFORE ME,
THIS DAyOFSEPT cQj 2016
Signed
NOTARYPUBLIC
Thank You For Your Payment
Remit To: Star -Telegram Customer ID: CIT57 "
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 338484591
Invoice Amount: $110.40
PO Number: NO PO
Amount Enclosed: $
J
PUBLIC HEARING TICE
CITY OF SOUTHLAKE, TEXAS
Notice is hereby given to all inter-
ested persons that the City of
Southlake, Texas, will consider the
following items in the Council
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for:
The City Council on Tuesday, Sep-
tember 20, 2016, at 5:30 p.m. will
hold a public hearing and consider:
• ZA16-071, Ordinance No. 480-564C,
Zoning Change and Development
Plan for Carillon, Plaza District on
property described as Tracts 1
3A04, 3A04A, 3A05 and portions of
Tracts, 3A, 3A01, and 3A03, Larkin
H. Chivers Survey, Abstract No.',;
300, City of Southlake, Tarrant
County, Texas and generally located
at the northeast intersection of E.
SH 114 and N. White Chapel Blvd.
and bounded by E. SH 114 on the
south, N. White Chapel Blvd. on
the west, E. Kirkwood Blvd. on the
north and Riviera Ln. on the east,
Southlake, Texas. Current Zoning:
"ECZ" Employment Center Zoning
District. Requested Zoning: "ECZ"
Employment Center Zoning District.
SPIN Neighborhood ft3.
Ordinance No. 480-VVVV,
• Amendment to the City of South -
lake Comprehensive Zoning Ordi-
nance No. 480, as amended, to add
development regulations for the
buffering of natural areas along
streams, to add regulations re-
garding the use of permeable
pavement and to include miscel-
laneous corrections.
• Resolution No. 16-043, ZA16-064,
Specific Use Permit for an Electrical
Vehicle Charging Spaces on prop-
erty described as Lot 7R, Block
3R2R, Southlake Town Square
Addition, an addition to the City of
Southlake, Tarrant County, Texas
and located at 351 State Street,
Southlake, Texas. Current Zoning:
"DT" Downtown District. SPIN
Neighborhood #8-
• ZA16-067, Site Plan for Apricot
Lane Southlake on property de-
scribed as Lot 1, Block 2111,
Southlake Town Square, Phase I,
an addition to theaSouthlated
Tarrant County, Texas
at 218 State Street, Southlake,
Texas. Current Zoning: "DT"
Downtown District. SPIN Neigh-
borhood #8.
• Resolution No. 16-042, ZA16-068,
Specific Use Permit for Electrical
Vehicle Charging Spaces on prop-
erty described as Lot 1, Block 1,
Solana Addition, an addition to the
City of Southlake, Tarrant County,
Texas and located at 500 W. Dove
Road, Southiake, Texas. Current
Zoning: "NR-PUD" Non -Residential
Planned Unit Development District.
SPIN Neighborhood Ill.
• ZA16-072, Site Plan for Lauren
James on property described as Lot
1, Block 2R1, Southlake Town
Square Addition, an addition to the
City of Southlake, Tarrant County,
TX and located at 1252 Main Street,
Space # 244, Southlake, TX. Current
Zoning: "DT" Downtown District.
SPIN Neighborhood #8.
Ordinance No. 1161, C1316-005,
adoptilake
Economic Development Master the tY Of Plan
an element of the Southlake 2035
Comprehensive Plan.
All interested persons are urged to
attend.
City of Southlake
Lori Payne, TRMC
City Secretary