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480-SSS OFFICIAL RECORD ORDINANCE NO. 480-SSS AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; PERTAINNIG TO DEVELOPMENT REGULATIONS ON PROPERTIES WITHIN THE CITY OF SOUTHLAKE WHICH ARE NOT CURRENTLY REGULATED BY THE CITY'S CORRIDOR OVERLAY ZONE OR RESIDENTIAL ADJACENCY STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Add the following to Section 43, Overlay Zones: IV. NON-RESIDENTIAL DEVELOPMENT OVERLAY 43.14 PURPOSE AND INTENT - The purpose of these Non-Residential Development Overlay standards is to provide minimum standards for non-residential developments that do not fall within either the Corridor Overlay described in Section 43.5 or the Residential Adjacency Standards described in Section 43.12. The standards set forth herein are designed to enhance and protect the visual image of non-residential development throughout the City, promote the unique character of the City, protect property values, and prevent the establishment of incompatible types of development within the City. 43.15 DEFINITION AND APPLICABILITY - The standards and regulations set forth herein shall only apply to development in all properties that are zoned for non-residential uses (including but not limited to 0-1, 0-2, C-1, C-2, C-3, C-4, B-1, B-2, 1-1, 1-2, HC, and NR-PUD zoning districts, and non-residential uses in the S-P-1, and S-P-2 zoning districts) and are exempt from the Corridor Overlay Zone and/or Residential Adjacency Standards as established in Sections 43.3 and 43.10. 43.16 PERMITTED USES - Permitted uses shall be in accordance with the underlying zoning district. 43.17 ACCESSORY USES - Any accessory uses allowed in the underlying zoning district shall be permitted. 43.18 SPECIFIC USE PERMITS - Any specific use permits allowed in the underlying zoning district shall be permitted if approved by the City Council. 43.19 DEVELOPMENT REGULATIONS In addition to the development regulations set forth in the underlying zoning district the following regulations shall be applicable. General - Requirements herein shall apply to all new non-residential construction within the City of Southlake, except as otherwise provided by state law. Except as otherwise provided by state law, new construction which increases the size of an existing building by more than 30% of the existing building or 5,000 square feet shall require compliance with this ordinance as it applies to the entire square footage of the existing building and proposed addition. New construction intended to increase the square footage by less than 30% of the existing building or less than 5,000 square feet shall be required to meet the requirements herein for that area comprising the square footage of the new construction, except to the extent otherwise provided by state law. b. Concept Plan and Site Plan Required - Any applicant for zoning 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. Except to the extent otherwise provided by state law, 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 requirements provided herein prior to the submittal of a building 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. c. 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 granted 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 fifteen percent (15%) of the required number of off-street parking spaces. 1. 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; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (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. 2. 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 one of the following: (a) Compliance will result in the destruction of an existing masonry screening device; or (b) Compliance would present extraordinary difficulties in the use of the property; or (c) Compliance would substantially impair the architectural design of structures dedicated or related to the use. 3. To qualify for any variance over ten percent (10%) to the off- street parking requirements, an applicant shall demonstrate the adequacy of the provided parking through a parking study or analysis. 4. 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; 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. 5. 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. d. General Development Standards - The following standards shall apply to all non-residential development within the City located within 200 feet of the following public rights-of-way: Nolen Drive, Peytonville Avenue, Highland Street, Carroll Avenue, White Chapel Boulevard, Brumlow Avenue, Continential Boulevard and Kimball Avenue unless noted otherwise. 1. Architectural Standards: (a) Masonry Requirements: All building facades 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. However, where a property is zoned 1-1, 1-2, or S-P-1 or S-P-2 with 1-1 or 1-2 uses, all building facades shall be constructed using cement, concrete tilt wall or other masonry materials of similar characteristics (including but not limited to brick, stone, cast-stone pilasters, wainscots, and decorative or architecturally significant awnings). In addition, the use of standard concrete block shall be limited to 10% of any facade visible from adjacent public ROW. Applied or decorative masonry materials shall be incorporated into the facades which are visible from the ROW as required in 43.15. Such features shall cover a minimum of 15% of said facades and may be architectural features such as pilasters and wainscotings. Where applicable, reveals shall be incorporated into the facades. 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. The use of synthetic products (e.g., EIFS - exterior insulation and finish systems, hardy plank, or other materials) shall not be considered as masonry material. (b) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from any rights-of-way as defined in Section 43.19.d. 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 ROW as defined in Section 43.19.d.. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. (c) Facade Articulation: On all non- residential buildings, all facades which are visible from rights-of-way as defined in Section 43.19.d.,, the following horizontal and vertical articulation must be met (see Exhibit 43-A for clarification). i. Horizontal Articulation: No building fagade 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. However, no horizontal articulation shall be required on buildings located on property zoned 11, 12, and/or SP1 and SP2 zoning with 11 and 12 uses. 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. (d) 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. (e) Architectural Fencing: Any architectural fencing which runs roughly parallel to any public rights-of-way as defined in Section 43.19A 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. However, properties zoned 1-1, 1-2, or S- P-1 or S-P-2 with 1-1 and/or 1-2 uses are exempt from this requirement. (f) 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%. 2. Site Design Standards: (a) Parking Area Restriction: No parking shall be allowed in any required bufferyard. (b) Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. A minimum 8-foot masonry screen shall be required to screen at least 60% of the loading dock or space intended for tractor/semi-trailer delivery from public rights-of-way as defined in Section 43.19.d. 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. However, where a property contains multiple buildings, loading and service areas shall be located at the side or rear of those buildings directly fronting a public right-of-way as defined in Section 43.19.d. Buildings located behind those buildings directly fronting a public right-of-way as defined in Section 43.19.d. may have loading and service areas located on any side, provided that at least 60% of the loading dock or space is screened from public rights-of-way as defined by Section 43.19.d by means of a screening device or other buildings. (c) Trash and Recycling Receptacles: Trash and recycling receptacle enclosures shall be required and shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. A minimum eight-foot (8') masonry screen shall screen shall screen trash and recycling receptacles. The height of the screening device must be adequate to fully screen the receptacle from view from any public right-of-way. (d) 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. 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) Required Bufferyards: The bufferyards required shall be based on the underlying zoning district designation and the requirements set forth in Section 42, Ordinance 480 as amended. 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 visible from the right-of-way as defined in Section 43.19.d shall provide a bufferyard in accordance with Section 42, however the calculated quantity of canopy trees shall be doubled along the property line or lines providing visibility to the loading dock. (b) Plant Material Sizes: Plant materials shall meet the size requirements set forth in the Landscape Ordinance, as amended. (c) Plant Material Selections: Plant materials selected for planting within the bufferyards shall be in accordance with the plant selection recommendations of Landscape Ordinance No. 544, as amended. (d) 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 ROWL 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. (e) 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. (f) Open Drainage Channel Standards: Any open drainage channels shall be constructed of materials and methods as established by the City Council. (g) Parking Lot Impacts: The parking lot landscape area shall meet the requirements set forth in the Landscape Ordinance, as amended. 4. Requirements for Ancillary Outdoor Storage: The following requirements apply to ancillary outdoor storage in non- residential districts. 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 an approved site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. (b) Outdoor storage screening shall be accomplished by the construction of a minimum eight (8) foot Type I masonry wall. No portion of the screening device shall be used for advertising and display of signage or materials. (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. (d) Outdoor storage areas shall observe all setback requirements for the principal building on the lot. (e) All surface areas dedicated to outdoor storage must be constructed of an all weather surface material and shall be exclusive of any required parking. (f) 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 (g) 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. (h) 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 required screen. Also, all reasonable measures shall be taken to ensure materials are not clearly visible from elevated roadways (See Exhibit 43-H). (i) 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 principal building) provided that the applicant clearly demonstrates on the plans submitted that the associated materials meet the screening requirements outlined below. Any merchandise 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. The Type II screen must meet the articulation requirements set forth in Section 43.19.d. (j) The following activities are excluded from the requirements of Section 43.9.c.4: general construction activities; and operations with primary outside storage. 5. Requirements for Primary Outdoor Storage: The following are requirements for primary outdoor storage in non- residential districts. All uses with primary outdoor storage 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 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 Subsections 43.19.c.5.d and e) are also subject to the requirements in Subsection 43.19.c.4 and Subsection 39, except for the following: i. adjacent screening of the principal outside storage material from the public right-of-way may be accomplished through any acceptable Type III screen; and ii. the Type I I I screen is not subject to the articulation requirements set forth in Section 43.19.d. (c) The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in Sections 43.19.c.4 or 43.19.c.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 43.19.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 43.19.c.5. (e) General construction activities are not subject to the regulations in Section 43.19.c.5. SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 15th day of April, 2008. ~ uo- MA*&R -lam ATTEST: ,,daw ee,ja){,,~o C-i % t? O • Pa CITY SECRETARY - " PASSED AND APPROVED on the 2nd reading the 6th day of May, 2008. ATTEST: de ~ ~i a •a ~ i CITY SECRETA ' Qa: '~7D 1 :cnc APPROVED AS TO FORM AND LEGALITY: ' "•••ao CITY ATTORNEY DATE: N ADOPTED: EFFECTIVE: RECEIVE VOICE Preview Star-Telegram Customer ID: C1T57 400 W. 7TH STREET Invoice Number: 296948911 FORT WORTH,TX 76102 MAY 2 9 2008 (817)390-7761 Invoice Date: 5/9/2008 Federal Tax ID 22-3148254 .ETARY Terms: Net due in 21 days QFF\ , Due Date: 5/31/2008 Bill To: I CITY OF SOUTHLAKE #?�. MqY 2 7 Zpp PO Number: PO#20801261-000 1400 MAIN ST 8 Order Number: 29694891 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 5/9/2008 Description. Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE CITY OF SOU" ORDINANCE Legal Notices 1 75 75 LINE NO. 480-SSS $Q•8 i $60.75 vi- AN ORDINANCE corporation who AMENDING ORDI- omt s, disobeys, AMENDINGNANCE NO.480, A5 omits, neglects or Sales Discount AMENDED, THE refuses to comply ($5.00) COMPREHENSIVE with or who resists ZONING ORDI- the enforcement of ofovisions NANCE OF THE CITY' ofan thiths ordinance Misc Fee OF SOUTHLAKE, shall be fined not $5.00 TEXAS; PERTAIN- more than Two NIG TO DEVELOP- Thousand Dollars MENT REGULA- ($2,000.00) for each TIONS ON PROPER- offense. Each day TIES WITHIN THE that a violation is CITY OF SOUTH- permitted to exist NOTLAKE CURRENTLY shall constitute a Net Amount: $60.75 REGULATED BY THE separate offense. AP- CITY'S CORRIDOR PASS AND OVERLAY ZONE OR PROVEDE THIS THE 6th DAY OF MAY RESIDENTIAL AD- JACENCY STAN- REGULAR DURING RING CITY T DARDS; PROVIDINGCOUNCIL MEETING. THAT THIS ORDI- MAYOR: Andy NANCE SHALL BE CUMULATIVE OFanrs ATTEST: ALL ORDINANCES; Lori Payne, PROVIDING A SEV- City Secretary ERABILITY CLAUSE, ,.--- PENALTYN FR V .4 • �':f;',: CHHISTYL.HOLUND PENALTY FOR VIE; ',•y 1 CATIONS HEREOF; .1 PROVIDING A SAE- 1 MY COMMISSION EXPIRES INGS CLAUSE; PROVIDING FOR :.';•i.t�.t,,r July31,' 8 1 THE STATE( PUBLICATION w Jr PAMPHLET FORM; --'+ iPiit—� County of Tar PPUBLICDAT ON ING FOR _ THE OFFICIAL NEWSPAPER* AND Before me,a PEOVIDITIVE DATE EF-r said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,pu SECTION 4 agram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipp..Any person, firm or it was published in th above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed N \��i.. , v SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday, M., 12,E 000 Notary Public / ill // Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 296948911 Invoice Amount: $60.75 PO Number: PO#20801261-000 Amount Enclosed: $