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2001-05-12 CC Work SessionCITY COUNCIL WORK SESSION: JUNE 12, 2001 9 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 6:00 p.m. 1. Call to order. 2. Discussion of Outside Storage Ordinance. 3. Discussion of Town Hall Use Policy. 4. Adjourn. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, June 8, 2001, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. :N= Sandra L. LeGrand _ o i City Secretary If you plan to attend this public meeting and ,disWbility that requires special needs, please advise the City Secretary 48 hours in advance at 817-481-1 5 19 and reasonable accommodations will be made to assist you. City of Southlake Department of Planning MEMORANDUM Mayor: Rick Stacy TO: City Council Council Members: Rex Potter FROM: Bruce Payne, AICP, Director of Planning Patsy DuPre Z4 Keith Shankland DATE: June 8, 2001 Greg Standerfer Ralph Evans RE: Proposed Outdoor Storage Regulations Tom Stephen City Manager: The City Council will hold a worksession on Tuesday, June 12th at 6:00 p.m. Billy Campbell in the City Council Chambers. The purpose of the worksession is to review Assistant City Manager: the proposed outdoor storage regulations. Attached are the proposed outdoor Shana Yelverton storage regulations and other pertinent background information. City Secretary: At the February 20, 2001 City Council meeting, the Planning staff raised a Sandra L. LeGrand number of questions and concerns regarding the application and enforcement of the outside storage regulations. Staff believed that the literal application of the regulations exceeded the City Council's original intent and could possibly result in potential litigation. Based on the concerns brought_ forward by staff, the City Council declared a one hundred and eighty (180) day extension on the amortization deadline to bring all outside storage, display and screening into compliance with Ordinance No. 480 HH. The City Council also instructed the planning staff to revise the outside storage regulations to address the application and enforcement concerns presented to City Council. If you have any questions concerning the attached material, please feel free to give me a call at 817-481-2036. cc: Wayne Olsen, City Attorney Billy Campbell, City Manager Shana Yelverton, Assistant City Manager PROPOSED REVISIONS TO THE OUTDOOR STORAGE REGULATIONS (Draft) DUNE 1212001 6:00 P.M. City Council Worksession DEPARTMENT OF PLANNING Sim" GENERAL OVERVIEW OF PROPOSED CHANGES TO THE OUTSIDE STORAGE ORDINANCE All activities affected by the current outside storage regulations instruction Outdoor Storage related to Activity Primary Use Not I /ew Proposed > Existing Regulated I \ Use Use Located inside Located outside Located inside the Corridor the Corridor the Corridor Overlay Zone Overlay Zone Overlay Zone Primary Outdoor Storage Plant Nlaterial; ,r Period Vending Machines in Sec. 34- Accessory \ Uses Located Outside the Corridor Overlay Zone, Ancillary Primary Ancillary Primary Ancillary Primary Ancillary Outdoor Outdoor Outdoor Outdoor Outdoor Outdoor Outdoor Storage Storage Storage Storage Storage Storage Storage Plant Plant Plant Other �111atcrial -ether �� N4atcriat Other tifaterial Other �or Periodic or Periodic or Periodic Market Market Market Section 39 lot 43.9.5 Not Section _ulated Corridor Regulated 39 b Overlay Outside Storage Flow Chart -May 2001 43.9.4 Section Corridor 39 Overlav Not 43.9.5 Not Section ;ulated Corridor (Regulated) 39 Overlay Concerns regardinq the existing outside storage regulations include: • Requires that all outside storage areas (existing and future) be granted a specific use permit by City Council. • Outside storage areas located within the corridor overlay zone are subject to the same screening regulations as outside storage areas located outside the corridor overlay zone. • General construction activities such home building, road construction and commercial construction are required to be screened. • Requires uses without a principle building (i.e. nursery, market, etc.) and an outside storage area to be subject to the same screening requirements as uses with a principle building (i.e. big box retail store) and an outside storage area. • Outside storage is considered a land use. Certain materials such as bag goods and firewood have different screening requirements than other materials such as lawn equipment. • Limits the types of materials that can be stored in a retail garden center to only those listed in the ordinance. Many materials typically stored in a retail garden center are not allowed. • Does not allow vendors associated with approved city festivals (i.e. Art in the Square) to sell or store goods. • No provisions for variances from the ordinance. • Does not allow vending machines to be located at City Parks. The proposed outdoor storage regulations will result in the following: • Eliminates the Special Use Permit process and requires all outdoor storage areas to be indicated on the site plan, concept plan and/or development plan along with elevations indicating screening material and height. • Regulations governing outdoor storage are removed from the Specific Use Permit section and distributed to the Corridor Overlay, Screening, and Accessory Use sections. • Uses with outdoor storage areas which are located within the corridor overlay zone are subject to more stringent requirements than uses located outside corridor overlay zone. • Compliance of existing outdoor storage areas will be determined administratively. • Provides for a departure from the regulations in the Corridor Overlay section through a variance approved by City Council. • Does not treat outdoor storage as a use. Instead the focus is on screening all materials associated with outside storage on a consistent basis. • Allows vending machines to be stored at city parks. • Regulations referred to as "outdoor storage" versus "outside storage" due to the more concise definition of the word outdoor. • Retention of the amortization provisions of the existing outdoor storage regulations. • Outdoor Storage Definitions. Section #1-Proposed Changes and Commentary Section #2-Existing Outside Storage Regulations Section #3-Proposed Language inserted into Section 43 (Overlay Zones) Section #4-Proposed Language inserted into Section 39 (Screening Section) Section #5-Proposed Language inserted into Section 34 (Accessory Uses) Section #6-Background Information Section #1 Proposed Changes and Commentary SECTION 4-NEW DEFINITIONS Primary Outdoor Storage- outdoor storage or display of goods, materials, merchandise and equipment, parts, junk or vehicles (overnight parking) that encompasses a square footage which exceeds 100% of the floor area of the principle building or outdoor storage and display of goods, materials, merchandise and equipment, parts, junk or vehicles used in conjunction with any use where no principle building is present. Ancillary Outdoor Storage- outdoor storage or display of goods, materials, merchandise and equipment, parts, junk or vehicles (overnight parking) that encompasses a square footage which does not exceed 100% of the floor area of the principle building. Opaque Screen (Type I) -a screen that is opaque from the ground to a height of at least eight (8) feet that excludes all visual contact between uses and creates a strong impression of visual and spatial separation. An opaque screen is impervious to the passage of light and may consist of a wall or fence. Semi -Opaque Screen (Type II) - a screen that is semi -opaque from the ground to a height of at least eight (8) feet with intermittent visual obstruction that creates a strong impression of visual and spatial separation. A semi -opaque screen may be composed of a mesh material used in combination with a wrought iron fence, landscaped earth berm, planted vegetation, or existing vegetation. A semi -opaque screening device allows the passage of some light but obscures the material behind the screening device such that it is not prominently displayed. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. Broken Screen (Type III) - a screen composed of intermittent visual obstructions from the ground to a height of at least eight (8) feet. The broken screen is intended to create the impression of separation of spaces without necessarily eliminating visual contact between the spaces. The screening portion may be opaque or semi -opaque and consist of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Obstructed portions of the screen shall be a minimum of 20' in length. Unobstructed openings shall not be more than 20' in length. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of subject species, or field observation of existing vegetation. Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 M OVERVIEW OF THE PROPOSED CHANGES TO THE OUTDOOR STORAGE ORDINANCE REGULATIONS- (Section 43.9� Note: The regulations for outdoor storage have been removed from Section 45 (Specific Use Permits) and placed in Sections 43 (Overlay Zones) and Section 39 (Screening). Regulations addressing vending machines are now located in Section 34 (Accessory Uses). PROPOSED WORDING - Revised wording of 45.11 and move to Section 43.9.c.4: Requirements for Ancillary Outdoor Storage: The following are requirements for ancillary outdoor storage in non-residential districts located in the Corridor Overlay Zone. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (over night parking) shall not be permitted unless in conformance with the following regulations: Commentary: Broad Application of Languag f The broadly worded language in the first sentence of the current Outside Storage requires that all types of businesses operations throughout the City be subject to the same screening and storage requirements regardless of the type of use. regulations (See Section 45.11 of the Zoning Ordinance -A copy of the existing Outside Storage Regulations can be found in Section #2 of this report). Also, the regulations as currently written do not differentiate between uses located in the corridor overlay zone and uses located elsewhere in the city. More specifically, the concerns with the applicability of the first sentence of the current outside ordinance regulations are as follows: a) requires that all existing and planned operations with outside storage only be allowed through the granting of a special use permit by City Council; b) uses not visible from an entry corridor roadway are regulated in the same manner as uses located along a city designated entry corridor roadway; c) requires that operations without a principle building (Primary Outdoor Storage- i.e. landscaping businesses, nursery businesses and flea markets) be subjected to the same screening requirements as operations with ancillary outdoor storage (i.e. big box retail); d) general construction activity (home, retail, road, etc.) is considered a type of business operation and required to be screened under the regulations of the existing outside storage regulations (Le. masonry wall); e) subjects only business operations to the outside storage regulations and excludes schools and non-profit organizations; andfl there are no variance procedures for proposed uses and no waiver procedures for current uses. 2 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 Overview of Concerns a. Special Use Permit- The current regulations require that outside storage only be allowed by specific use permit for all existing and new businesses. The city staff has estimated that there are between 75 to 100 business uses in the city that currently have outside storage and thus must apply for a specific use permit. If every new and existing business requires a specific use permit, the requests will quickly become a regulatory burden for the city staff, Planning and Zoning Commission and City Council. Requiring a specific use permit for outside storage results in an additional layer of review. Instead of requiring a specific use permit for all outdoor storage, it is recommended that the regulations for outdoor storage be placed in the screening (Section 39)and overlay zone (Section 43) sections of the Zoning Ordinance and that proposed outside storage areas be reviewed as part of the site plan, concept plan or development plan process. As the regulations are currently structured, the amortization portion of the existing ordinance is being carried over. Therefore, existing operations with outdoor storage will be required to bring areas into compliance with the new regulations by a specific date established by City Council or must request a variance from City Council. City Council may want to consider abandoning the retroactive portion of the new regulations. b. Outdoor Storage Areas within the Corridor Overlay Zone. The Southlake Corridor Study recognized that development along major entry roadways are gateways into the City and establish a sense of arrival and place. The study recommends that uses along these roadways should adhere to higher design standards than developments along other less visible roadways. The zoning ordinance's corridor overlay zone section which requires masonry facades, pitched roofs, screening, articulation, etc. is a direct result of the goals and objectives established in the corridor study. As such, the regulations for outdoor storage should be more stringent in the corridor overlay versus other areas in the city. It is recommended that a set of regulations be established in the corridor overlay zone section (Section 43) to govern uses located in the corridor that have outdoor storage. Uses with outdoor storage located outside the corridor overlay will be governed by regulations in the screening section (Section 39). c. Primary versus Ancillary- The current regulations do not differentiate between uses with primary outdoor storage Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 and uses with ancillary outdoor storage (see definition section). Existing uses located along a designated corridor roadway with primary outside storage include a nursery, flea market and a stone/mulch retailer. These uses are located on large tracts of land and requiring these uses outside storage areas to be subject to the current screening requirements (8'screening wall of masonry, wood wrought iron or a combination of both) will be cost prohibitive to the owners of the operation. The proposed regulations recommends less stringent requirements for uses with primary outdoor storage. For instance, trees displayed for sale do not negatively impact the visual integrity of the corridor and should not have the same screening requirements as an operation storing merchandise or pallets outdoor. d. General Construction Activity- Under the current ordinance, construction activities are considered a type of business and therefore are subject to the current regulations. It is impractical to require construction operations to screen their activities per this ordinance (8' masonrywall). The proposed ordinance specifically states that construction activities are not regulated. e. Excludes non -business uses- The outside storage regulations as currently written, subjects only business operations to the ordinance regulations. Public/semi public uses such as schools, churches and certain non-profit organizations are not regulated. However, these types of uses are capable of storing materials outdoors that can be detrimental to the visual aesthetics and surrounding properties. f. No Variances Procedure- No variance provision is included in the existing regulations. PROPOSED WORDING- Below is proposed wording to be placed in Section 43.9.c.4.a of the Zoning Ordinance (Corridor Overlay): a. All areas used for ancillary outdoor storage and the associated method of screening shall be indicated on a submitted site plan, development plan or concept plan along with a scaled elevation drawings indicating the screening device and materials proposed to be utilized. Commentary: The proposed language requires all operations with outdoor storage located in the corridor overlay district be regulated by `NWI the provisions in this section (Section 43.9.c.4). As mentioned above, the existing regulations excludes churches, schools and 4 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 �ft. some non-profit businesses from the regulations. Uses with outdoor storage not located within the corridor overlay district are regulated by Section 39. This proposed language eliminates the SUP approval process for outdoor storage and instead requires that all new areas of outdoor storage be reviewed as part of the site plan and concept plan submittal. Under this language, the reader will understand that proposed outdoor storage areas must be clearly indicate on the site plan/concept plan areas of proposed outdoor storage and the type of screening materials to be utilized. Existing uses with outdoor storage must comply with the proposed regulations or request City Council to grant a variance (variance procedure outlined below). PROPOSED WORDING: Below is proposed wording to be placed in Section 43.9.c.4.b & c: b. Outdoor storage screening shall be accomplished by the construction of a minimum eight (8) foot Type I masonry wall. c. The Type I screening wall shall meet the articulation requirements set forth in Section 43.13.d. This requirement shall apply to walls constructed simultaneously with the principal building or those added at a later date. Commentary: This language is virtually same wording as in the current ordinance (45.H.b.1 &2) except that the words "Type I" were inserted. PROPOSED WORDING: Below is proposed wording to be placed in Section 43.9.c.4.d: d. Outdoor storage areas shall observe all setback requirements for the principle building on the lot. Commentary: This language is the same wording as in the current ordinance (45.11.2). PROPOSED WORDING: Revised wording of item 45.11.a.3 (existing regulations) and deleted some items listed. Placed in Section 43.9.c.4.e: e. Outdoor storage areas shall not be located forward of the principal building and when possible, shall be located at the side of the building not facing a public street, except for the following items and events: 5 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 i. newspapers; ii. Christmas trees (stored outdoor for sale beginning one week before Thanksgiving through December 31); iii. charitable sales events sponsored by non-profit organizations provided that the event does not exceed five (5) consecutive days at any one location. Commentary: Most land areas located in the corridor overlay district are surrounded by public streets on at least two (2) sides and sometimes three (3) or four (4) sides. The proposed wording allows outdoor storage to be stored between the principle building and public right-of-way in cases where a building is surrounded by a right-of-way on four (4) sides. The items listed in the current regulations (See 45.I1.a.3) such as bundled firewood, potting soil, etc. can be just as visually obtrusive as lawn equipment, play ground equipment, propane bottles, etc. and should have the same screening requirements as these materials. Also, requiring four (4) foot walls in front of certain materials such as bagged goods and firewood creates the possibility of screens within screens when these items are stored within a garden center. Therefore, these uses were removed from this section. PROPOSED WORDING: Revised wording of item 45.11.a.4 and placed in Section 43.9.c.4.f. f. All surface areas dedicated to outdoor storage must be constructed of an all- weather surface material and shall be exclusive of any required parking. Commentary: Same wording as in current ordinance except for changing "outside" to "outdoor" and adding the words "surface" and "dedicated to" to the sentence. PROPOSED WORDING: Revised wording of (45.11.a.5) to allow outdoor storage by transient sales persons associated with a festival or market. Placed in Section 43.9.c.4.g: g. Outdoor Storage by transient salespersons is prohibited, except those uses associated with a city approved festival or marketplace. Commentary: The current ordinance does not allow vendors associated with city festivals such as Art in the Square to store goods overnight. The proposed wording allows vendors with city approved events to operate Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 o! and store goods outdoors. However, this wording still precludes transient food vendors that sell for a profit (Le. hotdog sales in front of Home Depot). PROPOSED WORDING: Deleted reference to bufferyards (45.11.a.6). The following is placed in Section 43.9.c.4.h: h. Outdoor Storage must comply with the screening requirements set forth in Section 39. If the regulations in this section conflict with those in Section 39, the most stringent regulations take precedence. Commentary: The purpose of the bufferyard is to separate different land uses from each other and are not intended to screen outdoor storage. The screening requirements in this section effectively separate and mitigate the effect of outdoor storage on the surrounding property owners. Therefore, the reference to bufferyards was removed. PROPOSED WORDING: Essentially the same wording as 45.11.a.7. The following is placed in Section 43.9.c.4.i: i. Materials stored outdoors, excluding vehicles, trailers, and mobile machinery or equipment, shall be stacked no higher than one (1) foot below the top of the screening device. Also, all reasonable measures shall be taken to ensure that materials are not clearly visible from any elevated public right -of way. Commentary: Same wording as in current ordinance except for adding the last sentence. Due to topography, there may be some instances where a material may be stored one (1) foot below the wall and still be visible from the public right-of-way due to the elevation of the adjacent roadway. The additional sentence ensures that in those rare circumstances such as along S.H. 114 and Kimball Avenue where topography elevates a roadway above a site, that additional reasonable measures are taken to screen the materials adequately. PROPOSED WORDING: Revised section 45.11.a.8 (current ordinance) to allow all items typically stored in a nursery such as landscape timbers, propane tanks, chemicals, etc. The current regulations require that these items be stored inside the building. Placed in Section 43. 9.c.4.j: When reviewing site plans, development plans or concept plans associated with the ancillary outdoor display and sale of living plant material (i.e. garden center) and its associated materials, the City Council may waive the requirement for the Type I screen and allow a combination of wrought iron and masonry materials (similar to the principle building) provided that the applicant clearly demonstrate on the plans submitted that the associated materials meet the screening requirements outlined below. 7 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 Any items typically associated with a retail garden center such as mulch, lawn equipment, propane items, barbecue grills, paving stones, landscape timbers, bird baths, garden chemicals, etc. may be stored within this area provided that these items are not prominently displayed or featured from the public right-of- way through the wrought iron portion of the screening wall. This may be accomplished by one of the following: 1) attaching a semi -opaque (Type II) mesh material to the wrought iron portion of the screen; 2) placing living plant materials such that these plants serve as a semi -opaque screen for the non- living plant material; or 3) storing these goods behind the masonry portion of the screen wall in a manner that the goods are not clearly visible from the public, right-of-way. Commentary: The current regulations state that when reviewing applications for the display and sale of living plant material in areas between the principal building and any adjacent public right-of-way, the Council may waive the solid screening wall and allow a combination of wrought iron fence panels and masonry materials (similar to the principal building). The proposed wording changes the word "solid" to "opaque". The term "opaque" wall is preferred due to this type of wall being impervious to light. Certain types of solid walls can be penetrated by light. Also, the term "opaque" is more definitive. The current regulations state that lawn equipment, play equipment, swimming pools, barbecue grills, bagged goods, exchange -type propane bottles (subject to the current Uniform Fire Code and any applicable local amendments), and similar items shall be stored behind a solid screening wall and shall not be visible from outside the screened area. The current regulations require materials typically stored in garden centers such as bird baths, landscape timbers, chemicals, garden books to be stored inside a roofed structure or only in garden centers that have a 100% masonry wall. In North Texas all garden centers must utilize screening materials that allow for circulation in order to reduce the ambient air temperature during the summer time to allow living plant materials to survive. Therefore, it is very likely that a garden center will desire at least a portion of its wall to be wrought iron to allow circulation of air. The proposed language would allow all types of materials generally associated with a garden center to be stored within such a center provided that these materials are not clearly visible from the right-of-way. PROPOSED WORDING: Placed in to Section 43. 9.c.4.k: k. All operations with ancillary outdoor storage located in the Overlay Corridor District that had a site plan, concept plan or development plan approved prior to August 7, 2001 must comply with the regulations of this 8 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 section by February 22, 2002. The City Council may grant a variance of any requirements in this section for outdoor storage areas that existed prior to August 7, 2001. Any request for a variance for outdoor storage areas that existed prior to August 7, 2001 shall include an outdoor storage concept plan and elevations indicating all existing areas used for outdoor storage and the screening material utilized. Commentary: There are no provisions for departures from the outside storage ordinance regulations as currently written for existing or future outside storage areas. Instead of attempting to write regulations to address specific and unique circumstances that exist for current outdoor storage operations (i.e. Home Depot screening wall does not meet building setback due to R.O.W. being taken for the State Highway 114 project), it is simpler and less cumbersome to provide a provision in the ordinance that allows the City Council to grant a variance of any requirements in the outdoor storage section for operations that were existing prior to the adoption of these regulations. PROPOSED WORDING: Placed in to Section 43.9.c.4.1: 1. The following situations are excluded from the requirements of Section 43.9.c.4: i. general construction activities; and ii. operations with primary outside storage Commentary: Under the current ordinance, construction activities are considered a type of business and therefore are subject to the current regulations. As mentioned previously, it is impractical to require construction operations to screen their activities per this ordinance (8' masonry wall). Therefore, this language excludes general construction activity from the ordinance. Separate regulations apply to operations with primary outside storage. These regulations are outlined below. PROPOSED WORDING: Revise wording and place into Section 34.1.dd (Accessory Uses): dd. Outdoor display of prepackaged ice machines and vending machines are allowed to be stored outdoors provided that the machine(s) are not visible from the public right-of-way or adjacent residential property. Any necessary screening of prepackaged ice machines and vending machines 9 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 must be in compliance with the regulations in Sections 43.9 and/or Section 39. Districts Allowed: CS, C-1, C-2, C-3, C-4, S-P-1, S-P-2, and PUD Commentary: The primary issues raised regarding vending machines are twofold: 1) they contribute to visual clutter in front of the building faVade which detracts from buildings' appearance, and 2) the fact that vending machines act as signs (advertisement) for the products they sell. It is not the fact that the vending machines dispensed products, rather, that they represented unregulated signage in front of buildings which detracted from the buildings' overall appearance. Also, the current ordinance does not provide language to allow vending machines at the city's parks. The proposed regulations allow vending machines to be stored outdoors provided that the machines are not visible from the public right-of-way or adjacent residential properties. Also, the proposed language allows vending machines to be located at city parks. (Place regulation of vending machines into the Accessory Use Section). PROPOSED WORDING ADDED TO THE VARIANCE SECTION 43.9.b.1: In addition, to receive a variance from the outdoor storage regulations in this section, the applicant must demonstrate that the variance will not substantially impair the intent and purpose of the regulations of this ordinance and the following: (e) Compliance will result in the destruction of an existing masonry screening device; or (f) Compliance would present extraordinary difficulties in the use of the property; or (g) Compliance would substantially impair the architectural design of structures dedicated or related to the use. Commentary: To receive a variance to the outside storage regulations, an applicant will need to demonstrate the criteria above. 10 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 PROPOSED WORDING - Revised wording of 45.11 and move to Section 43.9.c.5: S. Requirements for Primary Outdoor Storage: The following are requirements for primary outdoor storage in non-residential districts located in the Corridor Overlay Zone. All uses with primary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (over -night parking) shall not be permitted unless in conformance with the following regulations: Commentary: This proposed language eliminates the SUP approval process and establishes distinct regulations for Prima outdoor storage. Existing uses located along a designated corridor roadway with primary outside storage include a nursery, flea market and a stone/mulch retailer. These uses are located on large tracts of land and requiring these uses be subject to the current screening requirements as ancillary outside storage (8' screening wall of masonry, wood wrought iron or a combination of both) will be cost prohibitive to the owners of the operations. The proposed primary outside storage regulations are less stringent than the requirements for uses with ancillary outdoor storage PROPOSED WORDING- Below is proposed wording to be placed in Section 43.9.c.5a: a. All areas used for primary outdoor storage and the associated method of screening shall be indicated on a submitted site plan, development plan or concept plan along with a scaled elevation drawings indicating the screening device and materials proposed to be utilized. Commentary: This proposed language requires that all new areas of outdoor storage be reviewed as part of the site plan and/or concept plan submittal. Under this language, the reader will understand that proposed outdoor storage areas must clearly indicate on the site plan/concept plan areas of proposed outdoor storage and the type of screening materials to be utilized. Existing uses with outdoor storage must comply with the proposed regulations or request City Council to grant a variance. 11 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 IM PROPOSED WORDING- Below is proposed wording to be placed in Section 43.9.c.5.b: b. All operations that have primary outdoor storage (except those uses specifically identified in Subsection 43.9.c.5.d) are also subject to the requirements in Subsection 43.9.c.4 and Subsection 39, except for the following: screening of the principle outside storage material from the public right -of way may be accomplished through any acceptable Type III screen; and ii. the screen is not subject to the articulation requirements set forth in 43.13.d. Commentary: Unless specifically mentioned in this section, uses with primary outdoor storage are subject to the same regulations as uses as ancillary outdoor storage. The use of a Type III screening device is an acceptable screening device for use with primary outdoor storage. PROPOSED WORDING- Below is proposed wording to be placed in Section 43.9.c.5.c: c. The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in this Sections 43.9.4 or 43.9.5. All equipment, tools, vehicles, etc. associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to the regulations in Section 43.9.c.4. Commentary: Operations with outdoor storage of plants stored on the ground have been approved previously within the corridor overlay district without screening. Requiring plants to be stored on the ground removes the possibility that living plant materials will be displayed on a table or an other similar device. PROPOSED WORDING- Below is proposed wording to be placed in Section 43.9.c.5.d: d. A periodic market held in an open area, such as a farmers' or flea market, where groups of individual sellers offer goods for sale are not subject to the regulations of Section 43.9.c.5. 12 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 M Commentary: This allows the periodic market to operate with out being subjected to the screening requirements. PROPOSED WORDING- Below is proposed wording to be placed in Section 43.9.c.5.d: e. General construction activites are not subject to the regulations of Section 43.9.c.5. Commentary: See commentaryfor 43. 9.c.4.1. PROPOSED WORDING- Below is proposed wording to be placed in Section 43.9.c.5.e: f. All operations with primary outdoor storage located in the Corridor Overlay District that had a site, concept or development plan approved prior to August 7, 2001 must comply with the regulations of this section by February 22, 2002. The City Council may grant a variance of any requirements in this section for outdoor storage that existed prior to August 7, 2001. Any request for a variance for outdoor storage areas that existed prior to August 7, 2001 shall include an outdoor storage concept plan and elevations indicating all existing areas used for outdoor storage and the screening material utilized. Commentary: This is essentially the same language as in 43.9.c.4.k. PROPOSED ADDITION TO THE SCREENING REGULATIONS - (Section 39.1) PROPOSED WORDING: (New wording) a. All areas used for primary outdoor storage and the associated method of screening shall be indicated on a submitted site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. Commentary: This proposed language requires that all new areas of outdoor storage be reviewed as part of the site plan and/or concept plan submittal. 13 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 PROPOSED WORDING: (New wording) b. The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in Section 39. All equipment, tools, vehicles, etc. associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to the screening regulations of Section 39 and Section 43.9.c.4 if applicable. Commentary: This statement precludes outside storage of living plant materials from the requirements of this section. It also informs the reader that additional regulations are applicable for outdoor storage within the City's corridor overlay zone. PROPOSED WORDING: (New wording) c. A periodic market held in an open area, such as a farmers' or flea market, where groups of individual sellers offer goods for sale are not subject to the regulations in Section 39. Commentary: This statement precludes periodic markets in the Corridor Overlay from the screening requirements in this Section. PROPOSED WORDING: (New Wording) d. All existing uses with outdoor storage must comply with the regulations of this section by February 22, 2002. Commentary: This retains the retroactive feature of the current ordinance. PROPOSED WORDING: (New Wording)-39.2.i i. Screening of the outdoor storage material associated with a primary use may be accomplished through any acceptable Type III screening device. 14 Outdoor Storage Proposed Changes & Commentary -City Council Worksession June 12, 2001 Section #2-Existing Regulations a minimum floor area of 500 square feet. Site Design: Lighting: A system to light the area of the gas pumps shall be provided. Such lighting shall be designated to light the pump area adequately without becoming an unnecessary nuisance to traffic or to owners of nearby property. Outside Display of Goods: Outside display of goods shall be prohibited. Landscaping: Where parking is provided between the building setback line and any public R.O.W., shrubs obtaining a mature height of three feet (Y) or greater must be planted at a minimum spacing of thirty inches (30") on center continuous along all paved edges of the parking or driving areas. 45.11 SPECIFIC REQUIREMENTS FOR OUTSIDE STORAGE IN NON-RESIDENTIAL DISTRICTS (This entire section was added by Ordinance No. 480-HH.) Outside storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles used in a business operation shall not be permitted unless granted by a specific use permit and except in conformance with the following provisions: a. General Criteria 1. Outside storage shall be permitted only as an accessory use to the principal use established on the lot or tract of land. 2. Outside storage areas shall observe all setback requirements for the principal buildings on the lot or tract of land. 3. No outside storage areas shall be located forward of the principal building on the lot or tract of land, nor between the principal building and any adjacent public street, except for the following uses: a) newspapers; b) Christmas trees (stored outside for sale beginning one week before Thanksgiving through December 31); c) charitable sales events sponsored by non-profit organizations provided that the event not exceed five (5) consecutive days at any one location; d) bundled firewood; e) bagged grass seed; f) bagged fertilizer; g) bagged mulch; h) bagged play sand; i) bagged potting soil Except for items 3a, 3b, and 3c noted above which require no screening, all other noted items 45-19 shall be screened with a four (4) foot (non -articulated) solid wall. Stored items shall not be stacked higher than three (3) feet behind such wall. 4. All areas of outside storage must be constructed of an all-weather surface material and shall be exclusive of any required parking. 5. Outside storage by transient salespersons is prohibited. 6. Outside storage shall comply with the screening and bufferyard requirements set forth in Sections 39.2 and 42, respectively, of this ordinance. 7. Materials stored outside, excluding vehicles, trailers, and mobile machinery or equipment, shall be stacked no higher than one (1) foot below the top of the screening device. 8. When reviewing applications for the display and sale of living plant material in areas between the principal building and any adjacent public right-of-way, the Council may waive the solid screening wall and allow a combination of wrought iron fence panels and masonry materials (similar to the principal building). Lawn equipment, play equipment, swimming pools, barbecue grills, bagged goods, exchange -type propane bottles (subject to the current Uniform Fire Code and any applicable local amendments), and similar items shall be stored behind a solid screening wall and shall not be visible from outside the screened area. 9. Prepackaged ice machines and vending machines shall be wholly contained within the principal building and shall not be permitted outdoors. b. Additional Screening Criteria For all properties with non-residential uses, except those properties zoned I-1 and I-2 which have no residential adjacency, the following shall apply: Outside storage screening (except as otherwise permitted in this section) shall be accomplished by the construction of a minimum eight (8) foot wall of masonry, wood, wrought iron, or a combination of these materials 2. The screening wall shall meet the articulation requirements set forth in Section 43.13(d). This requirement shall apply to walls constructed simultaneously with the principal building or those added to the principal building at a later date. In granting any specific use permit for outside storage, the City Council may impose such conditions as it deems necessary to ensure that such storage is not visible from adjacent public rights -of -way and neighboring properties in order to mitigate the potential adverse impact of 45-20 outside storage upon the neighboring properties, and any other reasonable conditions. 45.12 SPECIFIC REQUIREMENTS FOR CARPORTS AND MULTI -LEVEL PARKING GARAGES FOR NON-RESIDENTIAL PROPERTY In addition to the underlying zoning district regulations and any other applicable regulations, multi- level parking garages and carports (collectively referred to as parking structures) shall meet the requirements set forth herein prior to issuance of a building permit. In the event that there are conflicting requirements, the more stringent regulations shall apply. (This entire section was added by Ordinance No. 480-11.) General Criteria 1) No parking structure shall be located closer to the front building line than the principal structure on the property. 2) No parking structure shall encroach into a designated bufferyard. 3) Parking structures shall comply with any required setback for the principal buildings in the underlying zoning district and the 4:1 slope line where applicable. 4) The footprint of parking structures shall be included when calculating maximum lot coverage and maximum impervious coverage for any lot. 5) The footprint of parking structures shall be included when calculating the amount of landscape area required on the interior of a lot, according to the provisions of the landscape ordinance, as amended. 6) A motor vehicle may be parked in a parking structure for no more than seventy-two (72) consecutive hours. Development Regulations for Non -Residential Carports 1) Height: Attached Carports: Carports attached to the principal structure shall not exceed twenty (20) feet in height. The height of an attached carport shall be measured from the finished grade to the highest point of the roof of the carport. Detached Carports: No detached carport shall exceed one story or fourteen (14) feet in height. The height of a detached carport shall be measured from the finished grade to the highest point of the roof. 2) Structure Design: Roof. The roof of a detached carport shall be pitched and constructed with the same 45-21 Section #3 Overlay Zones (Section 43) See Pages 43-3 and 43-9 through 43-12 SECTION 43 OVERLAY ZONES (As amended by Ordinance No. 480-C) (As further amended by Ordinance No. 480-S) (As further amended by Ordinance No. 480-CC) (As further amended by Ordinance No. 480-GG) (As further amended by Ordinance No. 480-JJ) I. AIRPORT OVERLAY ZONE 43.1 AIRPORT ZONING ORDINANCE - Certain areas of the City are or may be impacted by noise and other activities associated with commercial aviation operations originating and terminating at Dallas/Fort Worth International Airport. The impacted areas are shown on the Airport Overlay Zone Map attached to the Airport Compatible Lane Use Zoning Ordinance No. 479 adopted by the City. In addition to the regulations set forth in this ordinance, development in these areas shall be subject to the regulations and restrictions set forth in the Airport Compatible Land Use Zoning Ordinance. 43.2 BUILDING PERMITS - No building permit or certificate of occupancy shall be issued for any use within the Airport Overlay Zone unless such use is in compliance with the requirements of this ordinance and the Airport Compatible Land Use Zoning Ordinance. II. CORRIDOR OVERLAY ZONE 43.3 INTENT - In accordance with the Comprehensive Land Use Plan and the regulations in this section, the following summarize the intent for each of the corridors in the City. It is the intent within all corridors to encourage retail and institutional uses to develop at the major intersections where they can benefit from both east -west and north -south traffic access. The State Highway 114 (SH 114) Corridor and the Village Center are intended to be comprised of destination activities such as employment and retail centers. They will reflect comprehensive planning, and have elements of a uniform urban design that mirror the residential quality of the city. The FM 1709 Corridor is intended to be primarily a corridor of residential subdivisions, with some local service retail, offices and institutional uses at major intersections. The FM 1938 Corridor is primarily a service area for Southlake, Keller and North Richland Hills. It is intended to be a mixture of light industrial, large scale retail and wholesale uses. It may include auto service and repair uses. 43.4 PURPOSE - The purpose of the SH 114 Corridor Overlay Zone is to provide for consistent development of office, retail, commercial, and residential areas along a major traffic corridor through the City of Southlake. The purpose of the Village Center is to identify a unique area of the City which is bounded by SH 114, FM 1709 and Carroll Avenue, to Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-1 encourage pedestrian oriented retail and entertainment uses having high quality urban design characteristics. The purpose of the FM 1709 Corridor Overlay Zone is to provide for consistent developments of residential, office, local service retail and institutional areas along a major traffic corridor through the City of Southlake. The purpose of the FM 1938 Corridor Overlay Zone is to provide for consistent development of light industrial, large scale retail and wholesale areas along a major traffic corridor through the City of Southlake. The standards set forth herein are designed to enhance the visual image of the corridors and maximize traffic safety. 43.5 DEFINITION AND APPLICABILITY - The Corridor Overlay Zone includes the entirety of all properties which adjoin or are located within 100 feet of the future SH 114 ROW, the FM 1709 ROW, and FM 1938 ROW. or any property which provides for vehicular access to said Rights -of -Way or which provides for vehicular access to an arterial street within 500' of said Rights -of -Way. The Corridor Overlay Zone also includes the area bounded by SH 114, FM 1709 and Carroll Avenue, designated as the Village Center. Development within the Village Center shall meet all criteria for the SH 114 Corridor or the FM 1709 Corridor as established herein. The standards and regulations set forth in the Corridor Overlay Zone are superimposed and shall supersede the standards and regulations of any underlying zoning district which are in conflict. 43.6 PERMITTED USES - Permitted uses shall be in accordance with the underlying zoning fir.- district. However in C-2, C-3 and C-4 districts, tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself and nursery yards may only be allowed as a Specific Use Permit. 43.7 ACCESSORY USES - Any accessory uses allowed in the underlying zoning district shall be permitted. 43.8 SPECIFIC USE PERMITS - Any specific use permits allowed in the underlying zoning district shall be permitted. 43.9 DEVELOPMENT REGULATIONS - Except as follows, any development regulations set forth in the underlying zoning district shall be applicable. a. Concept Plan and Site Plan Required - Any applicant for zoning within the Corridor Overlay Zone must submit concurrent with their zoning application, a Concept Plan which meets the requirements of Section 41 or a Site Plan which meets the requirements of Section 40 of the Zoning Ordinance No. 480 as amended. All properties zoned at the effective date of this ordinance which do not have a Council approved Concept Plan or Site Plan on file with the City shall submit a Concept Plan or Site Plan meeting the above requirements prior to the submittal of a building Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-2 0 permit request. A Site Plan must be approved by Council prior to the issuance of a building permit. All Concept Plans and Site Plans 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 Ordinance 480, as amended. b. Variances - At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Section and to Section 35.6, "Number of Off -Street Parking Spaces Required." A parking space variance can only be at the request of the Owner/Applicant and cannot be required by the City Council as a part of their approval of any Concept Plan, Site Plan, Developer's Agreement or by any other means. The City Council shall be limited to granting a variance to no more than ten percent (10%) of the required number of off-street parking spaces. (As amended by Ordinance No. 480-CC). To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. In addition, to receive a variance from the outdoor storage regulations in this section, the applicant must demonstrate that the variance will not substantially impair the intent and purpose of the regulations of this ordinance and the following: (e) Compliance will result in the destruction of an existing masonry screening device; or (f) Compliance would present extraordinary difficulties in the use of the property; or (g) Compliance would substantially impair the architectural design of structures dedicated or related to the use. 43-3 Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 2. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. 3. If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. C. General Development Standards - The following standards shall apply to all non - single family residential development in the Corridor Overlay Zone and the Village Center unless noted otherwise. For any non -single family residential use or building developing within 400' of single family residential property, development regulations set forth in Part III ("Residential Adjacency Standards") of this section shall also be required. (As amended by Ordinance No. 480-CC). 1. Architectural Standards: (a) Masonry Requirements: These standards shall apply to facades which are visible from the following roadways and their respective rights - of -way: SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709, FM 1938, and roadways designated as having sixty -foot (60') or greater rights -of -way in the Thoroughfare Plan. All facades of the applicable buildings shall be constructed with the same material and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade visible from adjacent public ROW. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-4 greater strength and durability specifications. It shall be the sole authority of the Chief Building Official to determine when synthetic products are comparable in strength and durability to stucco finishes. These synthetic products shall be installed per the manufacturer's standards by certified installers and shall be subject to staged inspections throughout the construction process. The use of synthetic products (e.g., EIFS, Hardy plank, or other materials approved by the Chief Building Official, as noted above) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. (b) Roof Design Standards: In an effort to screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof as defined in Section 43.12 of this ordinance. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides). Standing seam metal roofs shall be constructed of a factory -treated, non-metallic, matte finish. Metal roofs with lapped -seamed construction, bituminous built-up roofs, and flat, membrane -type roofs which are visible from adjacent public ROW shall be prohibited. (c) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709, and FM 1938 and any adjacent public ROW. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Rooftop mechanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible from adjacent public ROW. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-5 All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. (d) Facade Articulation: On all non -single family residential buildings, all facades which are visible from SH 114, Carroll Avenue between SH 114 and FM 1709, or FM 1709, the following horizontal and vertical articulation must be met (see Exhibit 43-A for clarification). i. Horizontal Articulation: No building facade shall extend greater than three (3) times the wall's height without having a minimum off -set of 15% of the wall's height, and such off- set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. ii. Vertical Articulation: No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall's height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. (e) Exposed Columns: Exposed structural support columns shall be constructed of, or clad in, the same masonry material as the principal structure. Architecturally significant columns (e.g. fluted, etc.) may be permitted. (f) Architectural Fencing: All architectural fencing which runs roughly parallel to the SH 114, Carroll Avenue, FM 1709, FM 1938 rights -of - way, shall be constructed of the primary masonry materials of the building, wrought iron or living plant material. It shall not run in straight line without being off -set by a minimum of 6 feet every 60 feet. It shall be located no closer to the ROW than one half the width of the required bufferyard. (g) Reflective Glass: No more than 50% of any facade may be reflective glass. For the purposes of this ordinance, reflective glass shall be defined as glass having a reflectance of greater than 10%. (h) Height: Same as in underlying zoning, unless the building is constructed within Village Center. All properties which are located within the Village Center shall be further limited in height to the Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-6 underlying zoning district or maximum elevation of 710 feet (National Geodetic Vertical Datum of 1929), whichever is lower. 2. Site Design Standards: (a) Building Setback: All lots within the Corridor Zone shall maintain a minimum building setback of 50 feet adjacent to SH 114, FM 1709 and FM 1938 rights -of -way and the east ROW of Carroll Avenue. All other building setback regulations shall be the same as in the underlying zoning district except as otherwise noted herein. (b) Parking Area Restriction: No parking shall be allowed in any required bufferyard. (c) Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. A minimum 10 foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. This 10 foot wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the front facade. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. (d) Trash Receptacles and Recycling Receptacles: Trash and recycling receptacles shall be four sided with a gate and located outside bufferyards, and to the side or, rear of the principal building. They shall be screened by a minimum eight foot (8') solid masonry screen and shall utilize similar masonry materials to the principal structure. (e) Play Structures: Play structures shall not be placed outdoors between the primary building and any adjacent public ROW. (f) Plan Review: In addition to other factors set out in the Zoning Ordinance, Concept Plans, Development Plans, and Site Plans shall be reviewed for: i. Meeting the intent of the landscape provisions in the Landscape Ordinance No. 544, as amended, and the buffering and screening provisions herein and in Section 42 (Bufferyards) and Section 39 (Screening) of the Zoning Ordinance No. 480, as amended. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-7 n ii. Achieving the intent of Architectural Standards and Site Design Standards. iii. Proper site entry identification and site circulation to avoid congestion at ingress and egress points. 3. Landscape Standards: All sites shall, as a minimum, meet the following standards and the standards set out in the Landscape Ordinance No. 544, as amended, and Section 42 (Bufferyards) of the Zoning Ordinance, as amended. Where the following standards conflict with the Landscape Ordinance and the Bufferyards Section of the Zoning Ordinance, these requirements shall prevail: (a) Bufferyard Plantings: The plants shown in Exhibit 43-B shall be required per one hundred feet (100') of ROW frontage for the referenced bufferyard. The Landscape Administrator may approve the substitution of canopy trees for the required bufferyard shrubs at the ratio of one (1) 4" caliper canopy tree for every six (6) shrubs up to a maximum of 50% of the required bufferyard shrubs. (b) Required Bufferyards: The bufferyard required shall be based on the underlying zoning district designation as shown in Exhibit 43-C. For S-P-1, S-P-2 and PUD districts the bufferyard shall be determined based on the district which most closely resembles the proposed land use. Any building which has a loading dock which is located at the side or rear of the building and is visible from SH 114, Carroll Avenue or FM 1709 shall provide a bufferyard in accordance with Table One, however the calculated quantity of canopy trees shall be doubled along the rear property line. (c) Plant Material Sizes: Plant materials shall meet the size requirements set forth in the Landscape Ordinance, as amended. (As amended by Ordinance No. 480-JJ.) (d) Plant Material Selections: Plant materials selected for planting within the bufferyards are recommended to come from but not be limited to the following plants: SH 114 Canopy Trees: Bur Oak, Red Oak, Leyland Cypress Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 Other Corridor Canopy Trees: Cedar Elm, Lacebark Elm, Red Oak, Leyland Cypress, Live Oak, Bur Oak. Accent Trees: Tree Yaupon, Red Bud, Eldarica Pine, Wax Myrtle, Ornamental Pear, Mexican Plum, Possumhaw. (e) Sites Larger Than Five Acres: On sites in excess of five (5) acres, the Landscape Administrator may approve variations in the location of the required front bufferyard plantings to an area within two hundred feet (200') of the ROW For every additional fifty feet (50') of bufferyard width, the required number of plantings shall increase by twenty-five percent (25%) of the required number. (� Erosion Control/Retaining Walls: Any slope embankments or retaining walls within public ROW or within the required bufferyard must be terraced every four feet (4') in height (maximum) with a minimum two foot (2') planting area provided between each vertical plane. Materials used for the vertical elements shall be natural stone, railroad tie, landscape timbers or any masonry material which matches the masonry material used on the front facade of the primary building. The planting area must contain plant materials other than grass. (g) Open Drainage Channel Standards: Any open drainage channels within the corridor overlay zone shall be constructed of materials and methods as established by the City Council. (h) Parking Lot Impacts: The parking lot landscape area shall meet the requirements set forth in the Landscape Ordinance, as amended. (As amended by Ordinance No. 480-JJ.) 4. Requirements for Ancillary Outdoor Storage: The following are requirements for ancillary outdoor storage in non-residential districts located in the Corridor Overlay Zone. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (over night parking) shall not be permitted unless in conformance with the following regulations: a. All proposed areas used for ancillary outdoor storage and the associated method of screening shall be indicated on a submitted site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-9 ,"o, b. Outdoor storage screening shall be accomplished by the construction of a minimum eight (8) foot Type I masonry wall. The Type I screening wall shall meet the articulation requirements set forth in Section 43.13.d. This requirement shall apply to walls constructed simultaneously with the principal building or those added at a later date. d. Outdoor storage areas shall observe all setback requirements for the principle building on the lot. Outdoor storage areas shall not be located forward of the principal building and when possible, shall be located at the side of the building not facing a public street, except for the following items and events (See Exhibit 43-F): i. newspapers; ii. Christmas trees (stored outdoor for sale beginning one week before Thanksgiving through December 31); iii. charitable sales events sponsored by non-profit organizations provided that the event does not exceed five (5) consecutive days at any one location. All surface areas dedicated to outdoor storage must be constructed of an all weather surface material: and shall be exclusive of any required parking. g. Outdoor Storage by transient salespersons is prohibited, except those uses associated with a city approved festival or marketplace. h. Outdoor Storage must comply with the screening requirements set forth in Section 39. If the regulations in this section conflict with those in Section 39, the most stringent regulations take precedence. Materials stored outdoors, excluding vehicles, trailers, and mobile machinery or equipment, shall be stacked no higher than one (1) foot below the top of the screen. Also, all reasonable measures shall be taken to ensure materials are not clearly visible from elevated roadways (See Exhibit 43-G). 43-10 Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 j. When reviewing site plans, development plans or concept plans associated with the ancillary outdoor display and sale of living plant material (i.e. garden center) and its associated materials, the City Council may waive the requirement for the Type I screen and allow a combination of wrought iron and masonry materials (similar to the principle building) provided that the applicant clearly demonstrate on the plans submitted that the associated materials meet the screening requirements outlined below. Any items typically associated with a retail garden center such as mulch, lawn equipment, propane items, barbecue grills, paving stones, landscape timbers, bird baths, garden chemicals, etc. may be stored within this area provided that these items are not prominently displayed or featured from the public right-of-way through the wrought iron portion of the screening wall. This may be accomplished by one of the following: 1) attaching a semi -opaque (Type II) mesh material to the wrought iron portion of the screen; 2) placing living plant materials such that these plants serve as a semi -opaque screen for the non -living plant material; or 3) storing these goods behind the masonry portion of the screen wall in a manner that the goods are not clearly visible from the public right-of-way. k. All operations with ancillary outdoor storage located in the Overlay Corridor District that had a site plan, concept plan or development plan approved prior to August 7, 2001 must comply with the regulations of this section by February 22, 2002. The City Council may grant a variance of any requirements in this section for outdoor storage areas that existed prior to August 7, 2001. Any request for a variance for outdoor storage areas that existed prior to August 7, 2001 shall include an outdoor storage concept plan and elevations indicating all existing areas used for outdoor storage and the screening material utilized. 1. The following situations are excluded from the requirements of Section 43.9.c.4: i. general construction activities; and ii. operations with primary outside storage 5. Requirements for Primary Outdoor Storage: The following are requirements for primary outdoor storage in non-residential districts located in the Corridor Overlay Zone. All uses with primary outdoor storage of any goods, Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-11 materials, merchandise, equipment, parts, junk or vehicles (over night parking) shall not be permitted unless in conformance with the following regulations. a. All areas used for primary outdoor storage and the associated method of screening shall be indicated on a submitted site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. b. All operations that have primary outdoor storage (except those uses specifically identified in Subsection 43.9.c.5.d) are also subject to the requirements in Subsection 43.9.c.4 and Subsection 39, except for the following: i. screening of`the principle outside storage material from the public right -of way may be accomplished through any acceptable Type III screen; and ii. the screen is not subject to the articulation requirements set forth in 43.13.d. c. The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in this Sections 43.9.4 or `%W 43.9.5. All equipment, tools, vehicles, etc. associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to the regulations in Section 43.9.c.4. d. A periodic market held in an open area, such as a farmers' or flea market, where groups of individual sellers offer goods for sale are not subject to the regulations in Section 43.9.c.5. e. General construction activities are not subject to the regulations in Section 43.9.c.5 f. All operations with primary outdoor storage located in the Corridor Overlay District that had a site, concept or development plan approved prior to August 7, 2001 must comply with the regulations of this section by February 22, 2002. The City Council may grant a variance of any requirements in this section for outdoor storage that existedprior to August 7, 2001. Any request for a variance for outdoor storage areas that existed prior to August 7, 2001 shall include an outdoor storage concept plan and elevations indicating all existing areas used for outdoor storage and the screening material utilized. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-12 III. RESIDENTIAL ADJACENCY STANDARDS 43.10 The following residential adjacency standards shall apply to all non -single family residential buildings or uses located within the Corridor Overlay Zone, the Village Center, and those buildings and/or uses lying within four hundred feet (400') of single family residential property. These standards are in addition to the development regulations applicable to the underlying zoning district and the corridor overlay zone (where applicable). When any requirements in this section are in conflict with any other requirements for the underlying zoning district, the more stringent requirements shall apply. 43.11 PURPOSE AND INTENT - In order to preserve and protect the integrity of residential neighborhoods within the City of Southlake, and in an effort to protect the quiet enjoyment of single family residential properties and to maintain property values, the City has determined that it is necessary and appropriate to adopt specialized regulations for non - single family residential uses and buildings that develop within 400 feet of single family residential properties. 43.12 DEFINITIONS AND APPLICABILITY - For purposes of Part III of Section 43, the four hundred foot (400') distance shall be measured from the non -single family residential building and/or use to the property line of the single family residential property and the fj following terms shall be defined as: Non -single Family Residential Use or Building - All nonresidential district uses or buildings as well as two-family and multiple -family residential district uses or buildings. Pitched Roofs - A roof system having two or more slopes, excluding visible flat or built-up roofs. Single Family Residential Property - Any lot or tract of land with single family residential zoning (i.e., RE, SF -IA, SF-1B, SF-30, SF-20A, SF-20B, and R-PUD) or any lot or tract of land designated as low or medium density residential on the Land Use Plan. Visible - Capable of being seen at a height of six feet (6) while standing at the highest grade on the residential property line. 43.13 DEVELOPMENT REGULATIONS: In addition to the development regulations set forth in the underlying zoning district, a plan meeting the requirements set forth in subparagraph 43.9a of this section and meeting the following additional development regulations shall be required to be submitted for any use or building that develops within 400 feet of single Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-13 family residential properties. When applicable, line -of -sight drawings shall be submitted with the application to assess issues of visibility. a. Masonry Requirements: All facades of the applicable buildings shall be constructed with the same material(s) and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade which is visible. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. It shall be the sole authority of the Chief Building Official to determine when synthetic products are comparable in strength and durability to stucco finishes. The use of synthetic products (e.g., EIFS, Hardy plank, or other materials approved by the Chief Building Official, as noted above) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. b. Roof Design Standards: In an effort to screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides). Standing seam metal roofs shall be constructed of a factory -treated, non-metallic, matte finish. Metal roofs with lapped -seamed construction, bituminous built-up roofs, and flat, membrane -type roofs which are visible shall be prohibited. c. Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Rooftop mechanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-14 All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. d. Facade Articulation: On all facades the following horizontal and vertical articulation must be met (see Exhibit 43-A for clarification). i. Horizontal Articulation: No building facade shall extend greater than three (3) times the wall's height without having a minimum off -set of 15% of the wall's height, and such off -set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. ii. Vertical Articulation: No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall's height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. e. Height: Same as in underlying zoning. f. Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. Where visible, a minimum 10 foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery . This 10 foot wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the building's facades. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. g. Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within fifty, feet (50') of single family residential property. Trash and recycling receptacles shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. They shall be screened by a minimum eight foot (8') solid masonry screen and shall utilize similar masonry materials to the building's facades. h. Setbacks / Yards: No non -single family residential building may encroach in the area above a line having a slope of 4:1 from any single family residential property. However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20 feet in height. (See Exhibit 43-E for clarification.) Any applicable structures abutting a local street (i.e., residential street and cul-de-sac as defined in the Thoroughfare Plan) shall provide minimum front and side yards equivalent to the front and side yards required for the single family residential Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-15 property within 400,' but not less than the front and side yards otherwise required in the underlying zoning district. i. Spill -over Lighting: No use or operation shall produce direct or indirect illumination across a residential property line except in compliance with the current lighting ordinance, as amended. (As amended by Ordinance No. 480-GG.) j. Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended. (As amended by Ordinance No. 480-KK.) k. Variances: Variances to the development regulations in this Section shall be limited to those set forth in Section 43.9 b of this ordinance. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-16 EXHIBIT 43-A BUILDING ARTICULATION H = Height of building MHFL = Maximum horizontal facade length MVFL = Maximum vertical facade length MHOL = Minimum horizontal offset length MVOL = Minimum vertical offset length 1( Hk MHOL = 151%1.(H) Mi-lF' = 25% of maximum length of either adjacent plane ISOMETRIC OF HORIZONTAL ARTICULATION err .... :r - - r _ _ _ .. -- PLAN VIEW HORIZONTAL ARTICULATION 43-17 MV FL = 25 % of maximum length of either adjacent plane ELEVATION - VERTICAL ARTICULATION June 12, 2001 EXHIBIT 43-B SUMMARY OF BUFFERYARDS Bufferyard Canopy Trees Accent Trees Shrubs Width Note G 2 3 10 25' H 3 5 12* 25' I 3 2 12* 25' J 4 3 14* 25' K 4 6 18* 25' L 2 3 10 20' M 3 2 12* 20' N 3 5 12* 20' O 4 3 14* 20' P 4 6 18* 20' Q 2 3 10 15' R 3 2 12* 15' S 4 4 12* 15' T 4 5 18* 15' NOTES/LEGEND * Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at a minimum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-18 EXHIBIT 43-C REQUIRED BUFFERYARDS Zoning of Developing Tract S.H. 114 F.M. 1709 & E. R.O.W. Carroll between 1709 & 114 F.M. 1938 AG RE G L Q SF-lA G L SF-1B G L Q SF-30 G L Q SF-20A G L Q SF-20B G L Q MH H N S MF-1 H N S MF-2 H N S CS J O R 0-1 I M R 0-2 I M R C-1 J O S C-2 J O S C-3 J O S C-4 J O S B-1 J O S B-2 J O S I-1 K P T I-2 K P T HC J O R * No bufferyard required Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-19 KM IM EXHIBIT 43-D PARKING PERCENTAGE CALCULATIONS ()uI -DINb ONGC Pr ' I I PAR KING: jWx ?IH u4�1:M (71>> �Fti 19Df -NH r1"l 17-7 hM1. 17 D! =,H 114/4M 17of /FtJ- (ID$ NOTE: Per Section 43.9.b.3.g, landscape areas must be provided throughout the parking lot based on the percentage of the total parking spaces which are located between the building facade and the right-of-way as follows: Percentage Landscape Area Required Per Parking Stall 0-25% 13 square feet per stall 25%-75% 18 square feet per stall > 75% 23 square feet per stall 43-20 Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 EXHIBIT 43-E REQUMD BUILDING SETBACK FROM RESIDENTIAL Residential Property Line Residential Rear Yard - 40' ` 4t-- � i r - � I e <----. /f N Rear Yard 50 ft. e� \ipe �\aeptia\ 4ro4 i A -A 100 150 200 Note: Per Section 43.11, no non-residential building may encroach in the area above a line having a slope of 4:1 from any property line of a residentially zoned property or a property with a low or medium density residential land use designation in the Comprehensive Land Use Plan. However, a structure may be built up to within 40 feet of the residential property lime, provided that the structure is no greater than one story or 20 feet in height. Outdoor Storage Draft Proposed Changes to Section 43 City Council Worksession June 12, 2001 43-21 EXHIBIT 43-F ACCEPTABLE OUTDOOR STORAGE LOCATIONS Outdoor Storage Draft -Proposed Changes to Section 43 City Council Worksession 43-22 June 12, 2001 EXHIBIT 43-G OUTDOOR STORAGE -Location of Materials X. - 43-23 Proposed Changes to Section 43 City Council Worksession June 12, 2001 Section #4 Section 39 (Screening) See pages 39-1 & 39-2 cm SECTION 39 SCREENING 39.1 GENERAL - Except as otherwise required in conjunction with a bufferyard, screening of uses shall be provided as required in this section. Permissive screening may be provided in any zoning district as long as it does not conflict with the provisions of this or other sections of this ordinance. a. All areas used for primary outdoor storage and the associated method of screening shall be indicated on a submitted site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. b. The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in Section 39. All equipment, tools, vehicles, etc. associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to the screening regulations of Section 39 and Section 43.9.4 if applicable. A periodic market held in an open area, such as a farmers' or flea market, where groups of individual sellers offer goods for sale are not subject to the outdoor storage regulations in Section 39. d. All existing uses with outdoor storage must comply with the regulations of this section by February 22, 2002. 39.2 SCREENING STANDARDS a. Screening, as herein referred, shall mean a fence, wall, dense evergreen hedge or other device which is solid, made of durable material, and without holes, penetrations, or other openings other than those required for passage, and which is designed to prevent persons from seeing through. b. A screening device may be constructed solely of masonry, wood, or concrete, in combination with each other or with a metal frame. C. Any dense hedge or plant material may be used as screening provided it is landscaped and is properly maintained in a healthy growing condition. d. Landscaped earth berms may be used as screening when approved by the Administrative Official. 39-1 Outdoor Storage Draft Proposed changes to Sec. 39 City Council Worksession June 12, 2001 e. A screening device shall be at least six (6) feet in height, but not more than eight (8) feet in height unless otherwise specifically permitted or required by this ordinance, or unless approved as a variance by the City Council in its consideration of a concept plan, development plan, site plan or a specific use permit or unless otherwise approved by the Board of Adjustment. The height of a screening device shall be the vertical distance between the ground and the top of the device. (As amended by Ordinance No. 480-HH.) f. All mandatory or permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall constitute an acceptable screening device only for properties zoned I-1 and 1-2 which are not located adjacent to a residentially zoned lot, tract or lot having an occupied residential dwelling, and are not located adjacent to street rights -of -way. (As amended by Ordinance No. 480-HH.) h. Where the screening requirements prescribed by this section are in conflict with screening requirements which have been established by other provisions of this ordinance, the more stringent requirements shall apply. (As amended by Ordinance No. 480-HH). i. Screening of the outdoor storage material associated with a primary use may be accomplished through any acceptable Type III screening device. 39.3 RESIDENTIAL DISTRICTS a. Fences, walls and dense landscaped hedges or plantings are permitted in any residential district as a screening device; however, such screening device shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Multi -family dwelling uses shall be screened from view of any adjacent single family residential lot or use by a screening device located along the side and rear property lines of such multi -family use to a height of eight (8) feet. C. Non-residential uses in a residential district shall be screened from view of any adjacent residentially zoned lot or tract or lot having an occupied residential dwelling by a screening device located along the side and rear property lines of such non- residential use to a height of eight (8) feet. (As amended by Ordinance No. 480- HH.) Outdoor Storage Draft Proposed changes to Sec.39 City Council Worksession June 12, 2001 39-2 d. Where a perimeter screening wall or fence is erected between any residential subdivision and any public right-of-way, the following requirements shall apply (As amended by Ordinance No. 480-HH.): (1) No new fence or screening wall (which is parallel to, perpendicular to, approximately parallel to, or approximately perpendicular to an existing subdivision screening wall or fence) erected after the effective date of this ordinance shall be erected to a height which exceed the height of the subdivision screening wall or fence. (2) Where a developer or homeowners' association of an existing subdivision constructs a wrought iron or other similar non -opaque fence adjacent to any thoroughfare, no screening wall or fence shall be erected after the effective date of this ordinance within the required side or rear yard which is parallel to such wrought iron or similar non -opaque fence. (3) No existing screening wall or fence shall be repaired, extended or modified unless such repairs, extensions, or modifications are done in a manner consistent with the color, material, or character of the existing screening wall or fence, and any such extension occurs along the entire length of such screening wall or fence, including where such screening walls or fences may be interrupted by streets, alleys, or other access ways. 39.4 NON-RESIDENTIAL DISTRICTS a. Fences, walls and dense landscaped hedges or plantings are permitted in any non- residential district as a screening device; however, such screening devices shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half (3 '/2) feet. A variance to this section may be approved by the City Council during its review of any concept plan, development plan, or site plan requiring review by the Planning and Zoning Commission and approval by the City Council, or by the Board of Adjustment for all other concept plans, development plans, or site plans. Outdoor Storage Draft Proposed changes to Sec.39 City Council Worksession June 12, 2001 39-3 I"' All screening devices shall be properly maintained in perpetuity by the owner of property with non-residential uses. Failure of the owner to maintain the screening device shall constitute a violation of this ordinance. (As amended by Ordinance No. 480-HH.) C. Outside storage of trash/recycling receptacles or any garbage, refuse and trash/recycling collection and storage areas shall be at the side or rear of the building, shall be totally encircled or screened by fence, planting or other suitable visual barrier six feet (6) in height and shall have a metal door which shall remain closed at all times. These areas or receptacles shall not encroach into any required bufferyard. (As amended by Ordinance No. 480-HH.) d. Where a non-residential use abuts an existing residential screening wall or fence and a written agreement is executed between the developer and residential property owner, it shall be deemed the intent of this ordinance to allow the residential screening wall or fence to satisfy that portion of Section 39.4.b. above (relating to side and rear yard screening) as long as said screening device is maintained in good repair. Should the screening device be destroyed by more than 50% of its fair market value at the time of destruction, then the owner of the nonresidential property shall construct a new screening wall or fence which meets the requirements of Section 39.4b. (As amended by Ordinance No. 480-HH.) e. Off-street loading areas shall be adequately screened from view of any residentially zoned lot or tract or lot having an occupied residential dwelling or of any other adjacent land use. (As amended by Ordinance No. 480-HH.) Outdoor Storage Draft Proposed changes to Sec.39 City Council Worksession June 12, 2001 39-4 Section #5 Section 34 (Accessory Uses) See Page 34-5 IM IR SECTION 34 ACCESSORY USES 34.1 AUTHORIZED ACCESSORY USES - In addition to other uses which are customarily incidental to the principal use of the premises, the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use: ACCESSORY USE District Where Permitted a. Barns, stables, granaries, pump houses, water tanks and silos; but not including slaughter houses AG or processing of agricultural products, animals or poultry. b. Equipment Sheds AG, RE c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted in Section 40 of this ordinance. d. Private stables in areas other than the Agricultural District for the keeping of grazing animals, RE, SF -IA, SF- 1B provided: (where the lot on which the structure 1. Ground accumulations of manure shall be collected and properly disposed of so as not to will be located create offensive odors, fly breeding, or in any way become a health hazard or nuisance to contains the same humans or animals. minimum lot square footage required in 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to the SF -IA and SF-1B properly retain the grazing animal(s) on the premises. zoning category) SF-30 (where the lot 3. The minimum space area upon which such grazing animal(s) may be enclosed, including on which the structure pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet will be located per each grazing animal over five hundred (500) pounds and not less than five thousand contains the same (5,000) square feet for any other grazing animal. minimum lot square footage required in 4. All enclosures for animals as provided under the terms of this subsection shall be placed a the SF-1A and SF-1B minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoning category) zoned in a residential category. e. Private residential garages, carports and related storage buildings and greenhouses accessory to AG, RE, SF -IA, SF - permitted residential uses. (As amended by Ord. 480-G.) 1B, SF-30, SF- 20A,SF-20B, MF-1, MF-2, MH f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that if AG, RE, SF -IA, lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF-1B, SF-30, residential property; and further provided that any such pool or game court is for the private use SF-20A, SF-20B, of the site occupants and their guests, and not operated as a business. All "at grade" swimming MF-1, MF-2, MH pools with a water depth greater than twenty-four (24) inches and "above grade" swimming pools having a water depth twenty-four (24) inches or more, except for portable tot pools, shall be enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code whichever is the most restrictive of such material and design to discourage Outdoor Storage Draft -Proposed Changes to Section 34 City Council Worksession June 12, 2001 34-1 IM unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty-four (24) inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot (10') setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward of the principal building on the lot, and shall not be located closer than five feet (5') to any side or rear property line nor be located any closer than five feet (5') to another structure. (As amended by Ordinance No. 480-C.) Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG, RE, SF -IA, g• SF-1B, SF-30, provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF-20A, F-30, , MF-I, MF-2 h. Required off-street parking and loading spaces. All i. Home occupation uses, as defined by this ordinance. AG, RE, SF -IA, SF-1B, SF-30, SF-20A, SF-20B, MF-I, MF-2 j. Parking and storage of private boats, camper trailers or other recreational vehicles in conformance SF 1B, , SF- —IA, with Section 35. SF-20A, SF-20B, MF-I, MF-2 k. Model and/or sample homes for the purpose of promoting sales shall be permitted, providing these AG, RE, SF-1 A, structures are located on and within the same tract or subdivision of land being developed for sale. SF-lB'F F-30, S F-1 1. Signs for advertising uses on the premises. HC, 0-1, 0-2, C-1, C-2, C-3, C-4, B-1, B-2, I-1 and I-2 in. Tennis courts, health clubs, and related recreation facilities provided they are for the primary use HC of guests, customers or persons associated with the principal use. n. Retail uses which are reasonably related to the principal uses within the structure provided they 0-1, 0-2, B-1, I-1, do not exceed fifteen (15) percent of the floor area of the building. 1-2 o. On site storage of records or file materials which are ancillary to or a portion of the office or 0-1, 0-2, B-1,1-1 business activities conducted within the principal office use (an example of this activity would be the file storage and records required by a title company operation). p. Retail activity of a service nature designed to provide direct service support to the businesses 0-1, 0-2, B-1 and employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, news stands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co -located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself (stores operating under this provision shall not be limited only to sales within the office complex, but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site). Outdoor Storage Draft -Proposed Changes to Section 34 City Council Worksession June 12, 2001 34-2 q. Feeding pen (not commercial) accessory to farm use r. Retail sales incidental to principal activity AG I-1, I-2 s. Such other service activities as are clearly found to be directed at supporting the employees or 0-1, 0-2, B-1 business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen (15) percent of the net usable square footage of each office structure. All retail operations undertaken pursuant to this provision shall involve no outdoor storage or sales and all signage for such activities shall be contained wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted. t. (Deleted by Ordinance No. 480-Z.) u. (Deleted by Ordinance No. 480-U.) v. Office or administrative areas and activities supportive of the permitted principal uses. I I-1, I-2, B-1, B-2 w. The resale of used merchandise conducted by a retail sales establishment when such resale is C-2, C-3, C-4, B-1, B- clearly secondary to and related to the sale of new merchandise. The resale of used merchandise 2, I-1, I-2 shall be limited in that used merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. x. Public, semi-public and private parks; recreation and open space including playgrounds, ALL parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. y. One temporary construction facility and/or one temporary sales facility by a Developer, including ALL I manufactured housing, not to exceed 500 square feet per facility, only during actual construction for a period not to exceed two (2) years and located on property being developed. z. Temporary concrete batching or transient mix plant for ninety (90) days plus one (1) thirty ALL (30) day extension. (As amended by Ordinance No. 480-D.) aa. Tents for the purpose of promoting retail sales for a period not exceeding twenty-three (23) days. CS, C-1, C-2, C-3, C- This use shall require a permit and shall be constructed in accordance with the provisions of the 4, 13-1, B-2, I-1, I-2, Uniform Fire Code, Article 32, as amended. It shall also meet the development regulations of the S-P-1, S-P-2, NR- zoning district in which it is being placed. No more than two permits may be issued in any one PUD year period, with a sixty (60) day separation between uses. (As amended by Ord. 480-H.) Outdoor Storage Draft -Proposed Changes to Section 34 City Council Worksession June 12, 2001 34-3 bb. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (As amended by Ord. No. 480-J) (1) Noncommercial television satellite dishes and noncommercial radio and television AG, RE, SF-lA, SF - receiving antennas: 1B, SF-30, SF- 20A,SF-20B, R-PUD, Satellite dishes Max.Ht. Dish Size Location MF-1, MF-2, ME (1 per site) (Max.Diameter) PLOT PLAN REQUIRED Twe: Roof Mount 35' 10' Rear of roof not visible from public R.O.W. in front of dwelling Pole Mount 35' 10, Rear yard: > 10' from rear property Ground Mount 15' 10, line & > 10' from side property line or behind the principal dwelling but not in the side yard ( not visible from public R.O.W. in front of dwelling) TV Receiving Antenna (1 per site) Roof Mount 35' N/A Rear of roof Pole Mount 35' 35' N/A Behind the principal dwelling, but not in the side yard (2) Noncommercial radio transmitting antennas limited to 65, in height. Must be located behind AG, RE, SF -IA, SF - the principal dwelling, but not in the rear yard. Must be no closer to a property line than the 1B, SF-30,SF-20A, maximum height of the antenna. (Complaints concerning electrical, radio, or television signal SF-20B, R-PUD, MF- interference shall be referred to the FCC.) 1, MF-2, MH PLOT PLAN REQUIRED (Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480-W.) (3) Nonresidential satellite dishes accessory to the principal permitted use on site. 0-1, 0-2, C-1, C-2, C- 3, C-4, B-1, B-2, I-1, Type: Max.Ht. Dish Size Location 1-2, HC, S-P-2, S-P-1, (Max.Diameter) CS, NR-P.U.D., Roof Mount 35' 10, Rear of roof not visible from public PLAN R.O.W. in front of principal structure Pole Mount 35' 10' Rear yard: > 10' from rear property Ground Mount 15' 10' line & > 10' from side property line or behind the principal structure but not in the side yard (not visible from public R.O.W. in front of principal structure) Outdoor Storage Draft -Proposed Changes to Section 34 City Council Worksession June 12, 2001 34-4 cc. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS, C-1, C-2, C-3, C- space. Cart storage areas shall not be permitted outdoors after February 22, 2000. The City 4, S-P-1, S-P-2, and Council may grant a waiver of this requirement for outside cart storage that was existing on PUD" February 22, 2000 upon a showing by the business that compliance would create an undue hardship or that the business cannot reasonably comply with this requirement. (As amended by Ordinance No. 480-HH.) CS, C-1, C-2, C-3, C- dd. Outdoor display of prepackaged ice machines and vending machines are allowed to be 4, S-P-1, S-P-2, and stored outdoors provided that the machine(s) are not visible from the public right-of-way PIMVI or adjacent residential property. Any necessary screening of prepackaged ice machines and vending machines must be in compliance with the regulations in Sections 43.9 and/or Section 39. 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: (As amended by Ordinance No. 480-C.) a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5') to a property line located in the rear yard. b. No accessory building shall be erected within ten feet (10') of any other building, except that detached residential garages may be located not closer than five feet (5') to the main dwelling. c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. Outdoor Storage Draft -Proposed Changes to Section 34 City Council Worksession June 12, 2001 34-5 Section #6-Background Information OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERNS -BIG BOX RETAIL 11V111V V 1LYY Vi <�utlJlu�: AJ IVlu�v Area looking south from S_H_ 114 Home Depot's outside storage along S.H Storage Ordinance requirements:* 114 does not meet the following Outside • Outside Storage shall obseive all setback requirements for the principle building (45.1 l.a.2). The existing screening wall along S.H. 114 does not now meet the setback .- requirement due to a portion of Home Depot's northern property being acquired as R.O.W. for the S.H. 114 widening project. There is no provision in the Outside Storage Ordinance that addresses preexisting uses. • The screening wall shall Ineet the ail culation i-equirennents set forth in the Zoning Ordinance (45.11.b.2). .The screening wall for Home Depot's outside storage does not meet the requirement of the Outside Storage Ordinance in terms of articulation. • No outside storage areas shall be located forward of the principle building on the tract of lot of land, nor between the principle building and any public street except for those uses , listed in 45.11. a. 3. Materials currently stored behind the the Home Depot screening wall such as pallets, paving stone, and fencing material are not allowed to be stored between the building and a public road under the current regulations. Even though these items are not visible from S.H. 114, the items will need to be removed and stored under roof to meet the intent of the Outside Storage Ordinance. X** ALL OUTSIDE STORAGEREQUIRES A SPECIFIC USE PERMIT*** OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERNS -BIG BOX RETAIL No outside storage areas shall be located forward of the principle building on the lot or tract of land, nor bmveen the principle building and any, public street except. for those uses listed in 45.11. a. 3. The Outside Storage Ordinance does allow lawn equipment, swimming pools, barbecue grills, bag goods, propane items and similar items to be stored between the principle building and the public street if located behind a solid wall (45.1 La.8). However, the outside storage ordinance does not allow dissimilar items to those listed in 45.11.a.8 such as paving stone, bird baths, landscape timbers, chemicals, garden books, etc. to be stored in between the principle building and any adjacent public street. These types of items are typically stored in garden center areas associated with big box retail_ All three (3) big box retail stores in Southlake have their garden centers located betweenthe main building and the public right-of-way. Under the current ordinance (even though these items are not visible.f ronn the adjacent roadivav), only items listed in 45.11.a.3 and items similar to those listed in 45.11.a.8 are allowed to be located in any of the current big box's retail garden centers. Other type of items will need to be stored under roof to meet the intent of the Outside Storage Ordinance. *** ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERMIT *** OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERNS -OUTSIDE DISPLAY OF GOODS THAT DO NOT HAVE A PRINCIPLE BUILDING The Outside Storage Ordinance states that the display of any goods, materials, rnerchcandise, equipment, parts, junk or vehicles irscd in a business operation shall not be pennitted unless granted by a specific use permit and in conformance with the Outside Storage Ordinance provisions (45.11-Introductory Sentence). Under the current language of the Outside Storage Ordinance, the flea market operation located on the corner of White Chapel Boulevard and S_H.114 must be screened through the construction of a ininitnuin eight (8). foot articulated wall of rnasoln- , ivood, wrought iron, or a combination of these inaterials (45.11.b.I & 2). *** ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERMIT *** OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERNS-LANDCAPING OPERATIONS The Outside Storage Ordinance addresses the display and sale of living plant material in areas between the principle building and the public right-of-way (45.1 I.a.8). Plant materials require a solid screening wall or a combination of wrought iron fence panels and masonry material (similar to the principle building). The Outside Storage Ordinance as currently written requires all businesses (unless zoned B-1 or B-2) such as M.J. Farm and Nursery (#1 & #2- located on Union Church Road) to provide screening if it chooses to market plants in front of the building (45.11.a.8). Also, the ordinance does not address measures for nursery operations for landscaping businesses such as Green Oaks Nursery (#3- located on F.M. 1709) which do not have a primary building. Since the ordinance is silent on this particular use, it is staff s opinion that the plants associated with this type of retail operation are considered a display of any Goods, inat`erials, iner�ehandise, equiptnent, parts, junk or vehicles used in a. business operation and are subject to the outdoor storage and associated screening regulations (45.1I-Introductory Sentence). ** ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERA'Li T xX � OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERN S-LANDCAPING OPERATIONS The Outside Storage Ordinance states that the display of any goods, sazaterials, Merchandise, equipment, parts, junk or vehicles used in a business operation shall not be permitted unless granted by a specific use permit and in conformance with the Outside Storage Ordinance provisions (45.11-IntroductorySentence). This language requires landscaping businesses such as RBllandscaping located on F.M. 1709 and Pipes Flower Ranch located on S_ Pearson Lane to screen their operations through a minimum eight (8) foot wall of masonry, wood or wrought iron or a combination of these materials (45.1 l .b.1 & 2). *** ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERMIT � Y� OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERNS -CONSTRUCTION SITES The Outside Storage Ordinance states that the display of any goods, materials, merchandise, equipment, parts, junk or i=ehicles used in a business operation shall not be permitted unless granted by a specific use permit and in conformance with the Outside Storage Ordinance provisions (45.11 Introductory Sentence). Activities associated with construction are not addressed under the current Outside Storage Ordinance. Therefore, the storage of materials, equipment, vehicles, etc. associated with a business activity such as those activities associated with a construction site are subject to the provisions provided and must be screened by a, nunimtrrn eight ( &) font, articulated ii,,all of naasonrv, ivood, itnrought iron, or a combination of these nnaterials (45.1 l .b. 1 &2 ). *** ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERMIT * OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERN S-MICHAEL DRIVE The properties along Michael Drive are zoned AG and have Residential Adjacency. The Outside Storage Ordinance states that additional screening requirementsshall apply to all properties with non residential uses, except those properties zoned I-1 and I-2 which have no residential adjacency (45. 11.b.1 & 2). The Outside Storage Ordinance requires businesses along Michael Drive to construct a nniniinuin eight (8) foot articulated wall of inasonry, it,00d, i+rou, ht iron, or a coinbination of these inater als. Also, these ia)alls 7nust ineet articulation requireivents. *YY ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERMIT *::X OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERNS -INDUSTRIAL SITES There are existing industrial uses in Southlake like Pumpco which have the appropriate industrial zoning but are residentially adjacent. The Outside Storage Ordinance as written requires that all properties with non-residential uses, except those properties zoned I-1 & I-2 which have no residential adiaeennc , , shah screen materials through the construction of a iniriinmin ei,�Tht (S)foot ar-ticulated tii,all of niasoni-i , stood, 47*01t ht iron oi- a c:ornhination of these materials (45.11. b. 1&2). Also, many existing industrial uses which have appropriate industrial zoning and are not residentially adjacent (similar to Tri-Dal) are storing materials between the primary building and the public roadway which are not allowed (45.11.a.3). *** ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERMIT *** OUTSIDE STORAGE ORDINANCE APPLICATION STAFF CONCERNS -MASONRY SITES No outside storage areas shall be located foiivard of the principle building on the lot or tract of land, raor between the principle building and ani� public street, except for those uses listed in 45.11. a. 3 (masonry not included in this list). There�l-ore, the Outside Storage Ordinance requires that masonry and other materials located on the properties above must be stored under roof to meet the intent of the ordinance since it is located between the principle building and public streets. Also, masonry materials not stored between the building and the public road will need to be screened through the construction of an eight (8) foot articulated wall of masonry, wood, wrought iron, or a combination of these materials. *** ALL OUTSIDE STORAGE REQUIRES A SPECIFIC USE PERMIT *** City of Southlake, Texas MEMORANDUM June 8, 2001 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Town Hall Use Policy Action Requested: City Council discussion of the draft Town Hall Use Policy. Background Information: Since moving into the Southlake Town Hall in December, staff has received numerous requests from the public to reserve space in Town Hall. Some examples include weddings and/or wedding receptions, for -profit business meetings, community -based organization meetings, military recruitment sessions and/or workshops, fundraising requests, and church services. In order to avoid inconsistent treatment of these requests, staff has been working to draft a Town Hall Use Policy that establishes guidelines for the use of the facility. The intent of the Town Hall Use policy is to achieve the following objectives: ■ To protect and preserve the unique qualities of the facility in order to extend the life -cycle of the building ■ To guide the management and use of the facility — In surveying other cities with comparable City Hall facilities, each City surveyed (Hurst, Grapevine, Coppell, Farmers Branch, Arlington, Fort Worth, Dallas) grants authority to the City Manager to consider requests. However, as general practice, these cities do not provide space in their City Hall for uses not directly related to City business. Instead these cities suggest and offer space for these requests at other public facilities (libraries, community centers, convention centers, etc.). While the City of Southlake currently has three (3) other facilities that have meeting space available for community use, other facilities with additional meeting space are coming online later this year (the Southlake Public Library and the West DPS Facility). This will provide additional opportunities for the City to suggest and offer space to requests that do not meet the specifications prescribed in the Town Hall Use policy. ■ To specify the criteria, areas, and the process for assigning space for community use of the building — The policy stipulates that the third floor conference rooms are available for approved community uses, on an as available basis. In order to maximize the facility for community use, Billy Campbell, City Manager June 8, 2001 Page 2 multiple reservation requests submitted at one time would not be approved by the City Manager's Office. The process establishes standard criteria, including the test that the use be reasonably related to City and/or County business. The policy does not limit the City Manager to these criteria prior to making a decision. Requests that are denied and/or not approved by the City Manager's Office may be brought forward to the City Council for review and/or approval or denial. The City Council's decision would be final. ■ To specify the meeting locations of the various City boards and commissions - In order to maximize the use of the City Council Chambers and the Executive Conference Room for City Council business, the policy limits use of these areas to City decision making bodies. Members of the City Council would be able to schedule these areas for their use on an as available basis. For the purposes of this policy, the Mayor's Office is considered the official office of the Mayor and the City Council, and would not be available for community use. Consideration of the Town Hall Use Policy was an agenda item on the April 17' City Council meeting, however this item was tabled due to the desire of City Attorney Allen Taylor to be present during City Council consideration to address legal issues. Since April 17', staff has continued to review the draft policy, and has since reformatted the document. Staff is continuing to work with the City Attorneys to develop some aspects of the policy where issues have arisen regarding use requests. Staff has placed this item on the June 12, 2001 Work Session agenda to provide the City Council an opportunity to review and comment on the draft policy to date, and has initially scheduled this item for consideration at the June 19, 2001 City Council meeting. Financial Considerations: Staff has attempted to address the potential financial impact of this policy in the following ways: ■ Requiring individuals and/or organizations to pay the cost of a police officer to be present in the building for after-hours requests should a City/County official or a member of the City and/or County staff not be present in the building for the reservation request. For requests during business hours, the City Manager would designate a staff member to assist the organization during the reservation period; ■ Limiting usage of audio / visual equipment to the portable equipment provided for the third floor areas, limiting the use of decorations and food, and not allowing alcohol in the building; Billy Campbell, City Manager June 8, 2001 Page 3 ■ Stipulating that individuals and/or organizations are responsible for all damages to the facilities reserved, and that fees may be assessed for damages to the facility. The draft policy also stipulates that individuals or groups who damage the facility may also be subject to applicable civil and/or criminal penalties. Citizen Input/ Board Review: The draft policy has been distributed for review at the following periods: ■ A draft policy was distributed to the City Council in their April 6, 2001 City Manager Notes for review and comment; ■ The draft policy was distributed to the City Council as an agenda item for consideration at the April 17`h meeting. Legal Review: The City Attorneys Office has reviewed the policy. The City Attorney will not be present for this discussion, however legal inquiries can be addressed prior to the scheduled City Council consideration on June 19`h. Alternatives: Input towards the discussion as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of the Town Hall Use Policy, current as of June 8, 2001. Staff Recommendation: Place as an item on the June 12, 2001 City Council Work Session agenda to discuss the Town Hall Use Policy. JE 0M City of Southlake Policies and Procedures Policy: Town Hall Use Policy Source: City Council Category: Effective Date: Southlake Town Hall June, 2001 Revised Date: -- I. Purpose. The purpose of this policy is to serve as a guideline for the management and scheduling of uses within the Southlake Town Hall, to balance the requirements necessary to conduct public business with the needs of citizen and community -based access and use of the Town Hall. II. Building Use Priority. Use of the Southlake Town Hall shall be for the primary purpose of conducting official public business on the behalf of the City of Southlake and Tarrant County. Meetings of the City Council ("City") and/or Tarrant County ("County"), City and/or County Committees, City and/or County appointed boards and commissions, and City and/or County departments shall take precedence over other community uses of the facility. III. Town Hall Facilities and Permitted Uses. A. Third Floor Training Rooms — The third floor training rooms (Rooms #3a, 3b, 3c, and 3d) are available for community uses when they are not previously scheduled for City and/or County business. B. City Council Chambers and the Executive Conference Room — Outside of use by the members of the City Council, the City Council Chambers and the Executive Conference Room are available only to City and/or County decision making bodies (please refer to Appendix "A" for further clarification). C. Mayor's Office — As the official office of the Mayor and City Council, this area is not available for community use. D. Foyer Area — As a public access point versus a meeting oriented facility, the foyer area is not available for community use. E. Municipal Court and the Southlake Public Library — The Municipal Court and the Southlake Public Library are subject to the individual sets of policies and procedures that guide the management and use of those facilities, as approved and periodically revised. City of Southlake — Town Hall Reservation Policy 06108101 Page I of 8 City of Southlake Policies and Procedures IV. Approval Process. A. Approval Authority — The City Manager may approve events (or suggest and offer space at an appropriate City facility) that meet the criteria described, and may provide explanation as to other criteria considered in processing the request. B. Request Review — The City Manager or his designee will review and approve or deny the use request based upon criteria including, but not limited to, the following: 1. The request being reasonably related to City or County business; 2. The request is of a not -for -profit nature; 3. The facility may not be used for commercial purposes or the promotion or sale of products; (Note: at this time staff is reviewing the issues regarding use requests that relate to fundraising events at Town Hall). 4. The event will not cause a detrimental impact to the City and/or County staff and available resources, or the physical capacity of the requested location to host the event, including, but not limited to: (a) The availability to have City or County staff to accommodate requests for reservations during non -business hours. (b) The parking capacity and the potential impact of the requested event on other planned events. (c) The number of planned participants and the traffic impact upon the location. (d) Other scheduled events and/or uses of the location that increase the usage of the Town Hall facilities above the recommended capacity. C. Appeal of the City Manager's Decision — If the event does not meet the stipulated criteria or the application is not approved, the requestor may petition the City Council for review and approval or denial. The City Council's decision should be final. V. Scheduling Procedure. A. Required Notice — Written requests in the standard format for reservations shall be submitted to the City Manager's Office for review. In order to consider a request, the City of Southlake must receive the request form for community uses of the building within at least ten (10) business days prior to the requested time. City of Southlake — Town Hall Reservation Policy 06108101 Page 2 of 8 City of Southlake Policies and Procedures For information regarding reservations within Southlake Town Hall, please contact the Secretary to the City Manager at (817) 481-1420, or submit a request in writing to the following address: City of Southlake Attn: City Manager's Office 1400 Main Street, Suite #460 Southlake, Texas 76092 B. Required Notice of Cancellation — The City of Southlake requires notice of any cancellations within a forty-eight (48) hour period from the reservation time; failure to comply may be grounds for the City's denial of the privilege of reserving facilities in Southlake Town Hall in the future. C. Non -Approval of Submitted Multiple Dates — In order to maximize the availability of the facility for community use, consideration of requests will be on a case -by -case basis. Multiple dates for community use submitted at one time will not be approved by the City Manager's Office. D. Reservation Overrides — The City of Southlake shall have the authority to schedule priority functions that may necessitate the removal of community use activities previously scheduled. If such change is required, the City Manager or his designee shall notify the contact person identified on the submitted request form to the City Manager's Office as soon as possible, and will attempt to suggest and offer space in another City facility to hold the event. E. Tarrant County Scheduling — As Tarrant County is a partial owner in the facility, they may schedule events in their areas (identified in the interlocal agreement entered into by the City of Southlake and Tarrant County) as desired, however they will coordinate all scheduled meetings outside of their designated areas with the City Manager's Office. VI. Use Regulations. A. Required Staff Support — Business hours for the Southlake Town Hall are from 8:00 a.m. to 5:00 p.m., Monday through Friday. For reservation requests that are approved for events to be held during business hours, the City Manager will designate a staff official to assist the individual and/or organization during the reservation period. If no staff is available at the reservation time, the meeting request must be scheduled for another time when staffing is available. B. Access During Non -Business Hours — A City and/or County official or a member of the City and/or County staff must be present for all community uses of the facility during non -business hours (times other than 8:00 — 5:00 p.m., Monday through Friday). If there is no such presence planned in the building during a reserved community use, the individual and/or organization submitting the City of Southlake — Town Hall Reservation Policy 06108101 Page 3 of 8 City of Southlake Policies and Procedures reservation request must pay the cost for a police officer to be present during the reservation period. Approval of requests during non -business hours is also subject to the availability of a police officer to be present at that time. C. Equipment — As general practice, due to the sophisticated systems within Southlake Town Hall and limited staffing, utilization of the building's audio / visual system is prohibited. However the City does have some limited portable audio / visual equipment that is available for use during approved reservations. Please contact the City Manager's Office for a description of such items. D. Access to Parking Adjacent to Town Hall — The City of Southlake and Tarrant County own the parking spaces adjacent to the Town Hall Building. However, as general practice the parking spaces adjacent to the building will not be reserved for the exclusive use of the Town Hall, but will be available for the customers and/or patrons of Town Square. The City of Southlake reserves the right to designate reserved parking spaces in these areas on a temporary basis for use(s) directly related to City and/or County business. E. Prohibited Activities — The following prohibitions shall apply to reservations in the Southlake Town Hall: (a) Decorations — Decorations may not be affixed to any walls, furniture, finishings, or equipment in the Town Hall facilities. Questions regarding allowable decorations may be directed to the City Manager's Office for clarification prior to the reservation time. (b) Food and Drinks — Food and drinks will not be allowed outside of the areas that have adjacent kitchen facilities. (c) Smoking and alcoholic beverages — Smoking and alcoholic beverages are not allowed. F. Other City Meeting Facilities — If the City is unable to grant a space in Southlake Town Hall for a community use, the City Manager or his designee will attempt to provide space at other City facilities to accommodate the request, subject to availability. These other facilities potentially available for public use include the following: (a) Senior Activity Center, 307 Parkwood Drive; (b) Community Center in Bicentennial Park, 400 North White Chapel Boulevard; (c) Department of Public Safety Facilities, 667 North Carroll Avenue and West Site Facility, 2050 W. Southlake Boulevard (upon completion). City of Southlake — Town Hall Reservation Policy 06108101 Page 4 of 8 City of Southlake Policies and Procedures VII. Individual and Group Responsibilities. A. Facility Setup — The responsibility for setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. The City does not provide staffing or material(s) to aid in the setup or cleanup of the facility. B. Facility Cleanup — If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the use of the facility is complete. Individuals and organizations must remove all trash, equipment, and decorations at the end of the reservation time. Facilities must be left in good, clean condition when the activity is complete. Individuals and/or organizations making the reservation shall be responsible for turning off all lights and securing the facility. C. Responsibility for Damages — Individuals or groups making reservations are responsible for any damage to the facility during the reservation period. The City reserves the right to assess fees for damages beyond normal wear and tear (Please refer to the City's Fee Schedule for further clarification of applicable fees for damages to the Southlake Town Hall). In addition to assessing fees, individuals or groups are subject to applicable criminal and/or civil penalties. Finally, damages to the facility by individuals or groups may result in the denial of future reservation requests. VIII. Compliance with applicable procedures, policies, and pertinent ordinances. A. Required Compliance — Users must comply with procedures, policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about items not specifically addressed in this policy should be referred to the City Manager's Office. IX. Non Discrimination. A. Intent of Non Discrimination — The City will not discriminate against any person or persons because of their age, sex, race, religion, color, or natural origin, nor will the City permit the individuals or organizations making the reservations to engage in such discrimination. X. Release of Liability. A. Indemnification — With submittal of the use application, the petitioner agrees to indemnify and hold harmless the City of Southlake, its officers, agents, servants, and employees, from and against any and all claims or suits for bodily injury, illness, death, personal injury or property damage (including, without limitation, reasonable fees and expenses of attorney, expert witnesses and other consultants) arising out of any negligent act or omission committed by the petitioner, its City of Southlake — Town Hall Reservation Policy 06108101 Page 5 of 8 City of Southlake Policies and Procedures officers, employees, agents, guests, and invitees, in connection with the activities conducted under this agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials, and employees. B. Responsibility for Property - The City assumes no responsibility for property placed in the facility in connection with the use of the facility. City of Southlake — Town Hall Reservation Policy 06108101 Page 6 of 8 City of Southlake Policies and Procedures Organization: Request submitted by: Date of Event: Time of Event: From: Facility Requested: Please return this form to the City Managers Office at: 1400 Main Street, Suite 460 — Southlake, Texas 76092 Phone (817) 481-1433 - Fax (817) 481-1463 Date: AM / PM To: AM / PM Type of event: Description of Event (includes estimated space and parking requirements, the number of planned participants, an estimated turnover time among participants, the time and resources the petitioner(s) have contributed to the planning of the event, etc.) Contact Person: �*.,3ome Phone: Address: Work Phone: Mobile Phone: City State Zip Email Address (If applicable) WITH SUBMITTAL OF THIS APPLICATION, THE PETITIONER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEY, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY THE PETITIONER, ITS OFFICERS, EMPLOYEES, AGENTS, GUESTS, AND INVITEES, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS, AND EMPLOYEES. Upon approval, this signed petition entitles the scheduled user to full use of the requested facilities herein. This reservation takes priority over any first -come users or non -reserved parties. Signature of Responsible Person City Manager or his designee Date Date City of Southlake — Town Hall Reservation Policy 06108101 Page 7 of 8 City of Southlake Policies and Procedures Appendix A Use of the City Council Chambers and the Executive Conference Room A. Use of the City Council Chambers and Executive Conference Room - The City Council Chambers and the Executive Conference Room shall be reserved for the City of Southlake decision -making bodies. These include the following: ■ The Southlake City Council; ■ The Southlake Planning and Zoning Commission; ■ The Southlake Zoning Board of Adjustment (ZBA); ■ The Southlake Parks Development Corporation (SPDC); ■ The Southlake Building Board of Appeals (BBOA). B. Other Boards and Commissions Use of Southlake Town Hall — The following advisory bodies to the City Council and ancillary boards and commissions may meet in the Southlake Town Hall as appropriate in the third floor conference room areas. These bodies will receive priority consideration over community uses. These include the following: ■ The Southlake Parks and Recreation Board; ■ The Southlake Library Board; ■ The Joint Utilization Committee; ■ Metroport Teen Court; • The Executive Committee and Standing Committee of the Southlake Program for the Involvement of Neighborhoods (SPIN), including public meetings sponsored by SPIN as the facility is available. ■ Friends of the Southlake Library (due to the work ongoing in the Southlake Public Library, this would be on an interim basis until the facility is open). ■ Other City Council appointed committees, task forces, or advisory bodies. Questions regarding the use of specific facilities in Southlake Town Hall may be directed to the City Manager's Office at (817) 481-1420. C. Other Regular Meetings and Locations — The following ancillary boards and commissions will continue to meet at the following locations, but may use Town Hall facilities as needed: ■ Southlake Crime Control and Prevention District Board of Directors — DPS Training Room, 667 N. Carroll Avenue. ■ Joint Drug and Alcohol Committee — DPS Training Room, 667 N. Carroll Avenue. ■ The Southlake Library Foundation — Senior Activity Center, 307 Parkwood Drive. ■ Keep Southlake Beautiful (KSB) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ The Southlake Youth Action Commission (SYAC) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ Southlake Sister Cities — Senior Activity Center, 307 Parkwood Drive. • Senior Advisory Committee — Senior Activity Center, 307 Parkwood Drive. ■ Friends of the Southlake Library (FOSL) — Southlake Public Library (upon opening of the facility). ■ Mayor's Advisory Committee — Senior Activity Center, 307 Parkwood Drive or Southlake Town Hall (as determined by the Mayor). City of Southlake - Town Hall Reservation Policy 06108101 2:54 PM Page 8 of 8