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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