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Item 8A r " City of Southlake çoutNäKe Department of Planning MEMORANDUM May 3, 2002 TO: Honorable Mayor and City Council Members FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance No. 480-00 — AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, as amended, Section 40.6 "Development Plans and Site Plans- Administrative Action". REQUESTED ACTION: Consider first reading of proposed Ordinance No. 480-00 regarding the changes to the criteria allowing administrative approval of certain development plan and site plan revisions. APPLICANT: City of Southlake BACKGROUND: Following a recent Site Plan Revision brought about by a small building addition to Carroll Elementary School, the City Council directed the staff to propose revisions to the Comprehensive Zoning Ordinance that would allow for administrative approval of certain revisions to development plans and site plans. Currently, any increase in floor area on a site in areas subject to the "Corridor Overlay or Residential Adjacency Standards"requires approval of a revised plan by the Planning and Zoning Commission and City Council. FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: Currently under review by the City Attorney's Office. No Comments have been received. SUPPORTING DOCUMENTS: Attachment A - Proposed Ordinance Changes Attachment B —Ordinance 480-00 P&Z ACTION: March 21, 2002; Approved (5-0). BP/dkk Attachments (1) N:\Community Development\WP-FILES\MEMO\2002cases\Ordinance 480-OO.doc Ord. 480-00 ORDINANCE No. 480-00 PROPOSED MODIFICATIONS TO SECTION 40.6 DEVELOPMENT PLANS AND SITE PLANS—ADMINISTRATIVE ACTION 40.6 ADMINISTRATIVE ACTION- On approval of the development plan or site plan by the City Council, or the Administrative Staff, as appropriate, all necessary permits or certificates authorized thereby may be issued. a. Subsequent to such approval, minor changes may be authorized by the Administrative Official when such minor changes will not cause any of the following circumstances to occur: 1. A change in the character of the development; 2. (Delete) An increase in the ratio of the gross floor areas in structures to the area of any lot; Staff Comment: There are many instances in which an increase in floor area has no impact on adjacent properties or rights-of-way and is in full compliance with all applicable regulations. 3. An increase in the intensity of use; 4. (Delete) A reduction in the originally approved separations between buildings; Staff Comment:Any special condition imposed on a plan, building setback or building code requirement will be enforced. This could impose an unnecessary condition on an otherwise permissible and innocuous plan change. 5. An increase in the problems of circulation, safety, and utilities; 6. An increase in the external effects on adjacent property; 7. (Delete) A reduction in the originally approved setbacks from property lines; Staff Comment: This is similar to "separations between buildings". Any special condition imposed on a plan, building setback or building code requirement will be enforced. This could impose an unnecessary condition on an otherwise permissible and innocuous plan change. 8. (Delete) An increase in ground coverage by structures; Staff Comment: This is similar to "increase in floor area". There are many instances in which an increase in ground coverage has no impact on adjacent properties or rights-of-way and is in full compliance with all applicable regulations. Ord. 480-00 Attachment A Page 1 9. (Delete) to gross floor area in the structures. Staff Comment: All sites must comply with parking and loading space requirements. Any change that violates one of these requirements would not be permitted. If a 10% reduction variance was needed, a revised plan would be brought before the P& Z and City Council for approval. A site may have enough parking to accommodate additional floor space or may allow for additional parking to be added. 10. (Delete) A change in the subject, size, lighting, flashing animation or orientation of originally approved signs. Staff Comment: This is now regulated by the City's Sign Ordinance No. 704-A and is not part of a development plan or site plan review b. Any proposed amendment to a development plan or site plan, previously approved by the Planning and Zoning Commission and the City Council, which in the opinion of the Administrative Official does not meet the criteria of sub-paragraph 40.6a above may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. L Ord. 480-00 Attachment A Page 2 ORDINANCE NO. 480-00 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING SECTION 40.6 REGARDING DEVELOENT PLANS AND SITE PLANS ADMINISTRATIVE ACTIONS; 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 (irr 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 city council has 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. Section 40.6a(2), of Ordinance No. 480, as amended, is hereby amended by deleting the following: L Ord. 480-00 Attachment B Page 1 An increase in the ratio of the gross floor areas in structures to the area of any lot; SECTION 2. Section 40.6a(4) of Ordinance No. 480, as amended, is hereby amended by deleting the following: A reduction in the originally approved separations between buildings; SECTION 3. Section 40.6a(7) of Ordinance No. 480, as amended, is hereby amended by deleting the following: A reduction in the originally approved setbacks from property lines; SECTION 4. Section 40.6a(8) of Ordinance No. 480, as amended, is hereby amended by deleting (ay the following: An increase in ground coverage by structures; SECTION 5. Section 40.6a(9) of Ordinance No. 480, as amended, is hereby amended by deleting the following: A reduction in the ratio of off-street parking and loading space to gross floor area in the structures; SECTION 6. Section 40.6a(10) of Ordinance No. 480, as amended, is hereby amended by deleting the following: A change in the subject, size, lighting, flashing animation or orientation of originally approved signs. L Ord. 480-00 Attachment B Page 2 SECTION 7. 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 8. 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 9. 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. L Ord. 480-00 Attachment B Page 3 SECTION 10. Coo 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 11. 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 12 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 ten (10) 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. L Ord. 480-00 Attachment B Page 4 SECTION 13. 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 day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2002. Lir MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L Ord. 480-00 Attachment B Page 5