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Item 6C - 480-CCCCC Ord. 480-CCCCC Page 1 M E M O R A N D U M August 25, 2020 To: Shana Yelverton, City Manager From: Ken Baker, AICP – Senior Director of Planning & Development Services Subject: Ordinance No. 480-CCCCC amendment to Zoning Ordinance No. 480, as amended, Section 37 “DT” Downtown District. Action equested: City Council to conduct a public hearing and consider the 2nd reading of Ordinance No. 480-CCCCC. Background Information: The purpose of this request is to amend “DT” Downtown district to allow greater flexibility for administrative approval of storefront façade designs, including use of branding color. Additionally, the proposal will append the Downtown district Design Guidelines with visual exhibits providing guidance for administrative approvals and use of branding color. Southlake Town Square is the heart of the community and the success of its retail, office and hotel is critical to the City’s economy. Given the significance of Town Square’s impact on tourism, sustainability of all retail, restaurant, office and residences in the City and its importance as a focal point for civic events, the City partnered with RPAI to address some of their challenges in regards to signage, store front designs and use of color branding with the intent to create an ordinance that allowed a streamlining of the review and approval process. On January 15, 2019, City Council appointed two Council Members to begin work with City staff and Retail Properties of America in developing solutions to achieve the goals of keeping Town Square competitive in dynamically changing market. On November 4, 2019, the City held a Special Joint City Council/PZ Meeting to discuss the initial proposal. The Master Sign Plan amendment of this proposal was presented the Sign Board during a work session on May 21, 2020 and was recommended for approval June 4, 2020. The City Council approved the Master Sign Plan on June 16, 2020. The remaining amendment needed is to address the storefront façade flexibility and use of color branding for tenants. Citizen Input/ Board Review: A SPIN meeting was held July 28, 2020. Ord. 480-CCCCC Page 2 P & Z Action: August 6, 2020; Approved (6-0). City Council Action: August 18, 2020; Approved 1st reading (6-0); Attachments: (A) Proposed Changes in Redline/Strike-out (B) Proposed Ordinance No. 480-CCCCC (C) Link to Presentation with proposed DT Guideline Appendix (D) Link to Current “DT” District, Section 37, Zoning Ordinance No. 480 (E) Link to Current Design Guidelines (F) Link to Notice Response Forms Staff Contact: Ken Baker (817) 748-8067 Dennis Killough (817) 748-8072 Ord. 480-CCCCC Attachment A Page 1 Attachment A Amendment Proposals (red line/strikeout) 37.4 DEVELOPMENT REGULATIONS FOR NON-RESIDENTIAL AND MIXED-USE BUILDINGS All non-residential and mixed-use building development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all non-residential and mixed-use buildings: h. Design Guidelines The property owner shall provide an exhibit as appropriate with each development/site plan application showing that all development in the Downtown district meets the standards outlined in the Downtown district Design Guidelines, as amended and adopted by City Council. Nothing in this paragraph shall require the retrofitting of an existing building. 1. Exterior storefront facades on existing buildings or tenant spaces may be changed and approved administratively if such changes are consistent with the Downtown district Design Guidelines and do not significantly deviate from the character of the existing façade or the architectural pattern of existing tenant storefront façades along the frontages of the street block or internal driveway common to the building façade. Otherwise, a revised site plan approval is required in accordance with this ordinance. 2. Section 33.21 building color standards for non-residential buildings, shall not apply within the Downtown district when being applied to the exterior of the building consistent with tenant branding and is consistent with the Downtown district Design Guidelines. Page 1 ORDINANCE NO. 480-CCCCC AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 37, “DT” DOWNTOWN DISTRICT, TO ALLOW GREATER FLEXIBILITY FOR ADMINISTRATIVE APPROVAL OF STOREFRONT FAÇADE DESIGNS, INCLUDING USE OF BRANDING COLOR; 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 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: Page 2 SECTION 1 Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance, Section 37.4h is hereby amended by adding the following subsections: 1. Exterior storefront facades on existing buildings or tenant spaces may be changed and approved administratively if such changes are consistent with the Downtown district Design Guidelines and do not significantly deviate from the character of the existing façade or the architectural pattern of existing tenant storefront façades along the frontages of the street block or internal driveway common to the building façade. Otherwise, a revised site plan approval is required in accordance with this ordinance. 2. Section 33.21 building color standards for non-residential buildings, shall not apply within the Downtown district when being applied to the exterior of the building consistent with tenant branding and is consistent with the Downtown district Design Guidelines. SECTION 2 The Downtown District Design Guidelines of Resolution No. 03-011 are hereby appended by adding by Exhibit “A” to the Design Guidelines. SECTION 3 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 4 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 Page 3 enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 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 6 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 7 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 8 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading Page 4 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 in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 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 18th day of August, 2020. ____________________________ MAYOR ATTEST: ____________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 1st day of September, 2020. ____________________________ MAYOR ATTEST: ____________________________ CITY SECRETARY Page 5 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Page 6 EXHIBIT “A” (Reserved for Downtown District Design Guideline Appendices)