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480-BBB OFFICIAL RECORD ORDINANCE NO. 480-BBB AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; RENUMBERING SECTIONS 47 THROUGH 54 OF ORDINANCE 480 TO SECTIONS 55 THROUGH 62; AMENDING SECTION 47 AND ESTABLISHING THE TRANSITION ZONING DISTRICT (TZD); PROVIDING DEFINITIONS; PROVIDING PROCEDURES FOR THE ESTABLISHMENT AND AMENDMENT OF THE DISTRICT; AMENDING SECTIONS 5.02, 5.03 AND 5.06 OF THE CITY OF SOUTHLAKE SUBDIVISION ORDINANCE TO PROVIDE FOR DIFFERENT STREET DESIGN REQUIREMENTS IN A TRANSITION ZONING DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY 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 ofthe zoning ordinance and subdivision ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the existing Section 47 (Schedule of Fees; Charges and Expenses) of the Comprehensive Zoning Ordinance, Ordinance No. 480, as amended, is hereby renumbered as Section 48. That Sections 48 through 54 of the Comprehensive Zoning Ordinance, Ordinance No. 480, as amended, are hereby renumbered to Sections 55 to 62, respectively, and Sections 48 through 54 are hereby reserved for future use. It is the intent of the City Council that no substantive changes be made to Sections 48 through 54 as they exist prior to the effective date of this ordinance, but that these changes are for the sole purpose of reorganizing Ordinance No. 480, as amended, the Comprehensive Zoning Ordinance. The codifier of the Comprehensive Zoning Ordinance is directed to inscribe on the ordinance that Ordinance 480-BBB renumbered original Section 54 to Section 62 but did not affect the original effective date of Ordinance 480. SECTION 2 Sections 47 - 62 of Ordinance No. 480, the City of Southlake Comprehensive Zoning Ordinance, are hereby amended to read as follows: Ordinance 480 - BBB September 20, 2005 SECTION 47 TRANSITION ZONING DISTRICT (TZD) 47.1 Relationship to the Comprehensive Master Plan a. The Transition Zoning District (TZD) is established to implement the following goals of the Southlake 2025 Plan - Phase 1: 1. The promotion of quality neighborhoods that contribute to an overall sense of place and community. Quality neighborhoods are the cornerstone of our community. Quality neighborhoods are well designed and maintained, attractive, pedestrian friendly and safe; and 2. The fostering of attractive and well designed residential developments to meet the needs of a diverse and vibrant community. b. The TZD implements the following goal of the Southlake 2025 Plan - Phase II: The creation of transitional land use categories that provide property owners with alternative flexible tools to propose innovative and mixed-use projects on identified transition sites while protecting existing developed properties. Transition sites are those that are adjacent to property used or zoned for non- residential uses or arterial roadways and are also adjacent to existing residential neighborhoods. 47.2 Purpose and Intent The purpose and intent of the TZD is to implement the Transition land use category guidelines for the Transition 1 and Transition 2 land use categories established in the Southlake 2025 Plan. The Transition Zoning District is intended to: a. allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses to create economic vitality; b. develop commercial and mixed-use areas that are safe, comfortable and attractive to pedestrians and protect significant environmentally sensitive areas; c. provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace while establishing human-scaled residential and non-residential buildings; d. reinforce streets as public places that encourage pedestrian and bicycle travel; e. provide roadway and pedestrian connections to residential areas; f provide transitions between high traffic streets and neighborhoods; 47-3 Ordinance 480 - BBB September 20, 2005 g. encourage efficient uses of land by facilitating compact development and minimizing the amount of land that is needed for surface parking; h. provide appropriate locations and design standards for automobile- and truck- dependent uses; and 1. maintain mobility along traffic corridors and state highways. 47.3 Definitions The following definitions shall apply to uses and category of uses listed in the TZD schedule of uses and to other terms used in Section 47 only. For terms not specifically defined under this subsection, Section 4 - Definitions shall apply. Buffer Areas Along Creeks and Flood Plains These are areas of land at least 10 feet in width, parallel to each side of existing creeks and flood plains, set aside to protect riparian vegetation and filter waterborne pollutants. Business Associations and Professional Membership Organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services, develop market statistics, sponsor quality and certification standards, lobby public officials, or publish newsletters, books, or periodicals for distribution to their members. Business, Professional, and Technical Uses Establishments in this category perform professional, scientific, and technical services for others. Such services require a high degree of expertise and training. Uses in this category include offices for health care, administrative, professional consulting, professional services, and business support services. Cafeteria or Limited Service Restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria-style serving equipment, a refrigerated area, and self-service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. Civic Uses These are uses that are related to non-profit organizations dedicated to arts, culture, education, and government functions. 47-4 Ordinance 480 - BBB September 20, 2005 Conservation Easement A conservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the purpose of protecting and preserving a portion of Southlake' s environmentally sensitive and natural resources, including agricultural and ranching areas. The landowner retains title to the property and the easement applies to all subsequent owners. The easement must be held by a qualifying party approved by the city. Consolidated Future Land Use Plan The Consolidated Future Land Use Plan is a component element of the Southlake 2025 Plan, the city's Comprehensive Master Plan. The Consolidated Future Land Use Plan, as amended, serves as the community's blueprint for future development by providing guidelines for the appropriate location, concentration, and intensity of future development by land use categories. Continuous Planters Continuous planters are tree wells between the vehicle lane/parking lane and the sidewalk. These planters run parallel along the sidewalk with a few breaks for pedestrian access from the parking lane to the sidewalk. The planters may be used for street trees and other landscaping including shrubs and ground cover to soften the edge of the pavement. ( I I ~~+ I: \ i \ SidewalkJTrail Parking Lane! Vehide Lane Examples of continuous planters Court A court is an unoccupied space, open to the sky, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. 47-5 --..","-- ^....-.. .....--------".,......-...-....--.---".-- Ordinance 480 - BBB September 20, 2005 Court, Closed A closed court is a court surrounded on all sides by the exterior walls of a building, or by exterior walls of a building and side or rear lot lines, or by a pedestrian walkway where the walkway is less than 10 feet in width. .-J L 1111 -, r Image of typical courts Environmental Preserve An environmental preserve is natural open space reserved for land that is under permanent conservation. It consists of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant lake access is available, canoe put-ins or other passive water recreation activities may be permitted. The size of an environmental preserve may vary depending upon the environmental element being preserved. Environmental preserves may also be in conservation easements. Typical environmental preserves along creeks and flood plains Fal;ade Fayade(s) is the front of the building facing or oriented toward a street or roadway, excluding alleyways. 47-6 Ordinance 480 - BBB September 20, 2005 Full-service Restaurant Full-service restaurants provide food services to patrons who order and are served (i.e. waiter/waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non-theatrical entertainment. Green A green is an open space available for unstructured recreation. A green may be defined by landscaping rather than buildings. Its landscape consists of land and trees in a natural arrangement, requiring minimal maintenance. The size of a green shall range from 1 acre to lO acres. ..-i; f;~'" ~~. ;,...{ ,. i) F.. rl.1 (.') ..;,; . ,t.i ji <.,~/fj .. I li 'l . I a.' .. "i :., '-. /'j.,-._ Il-'".o . " i ft'~'-~"'-- ..;t;l..0.~'~.'. ../.!/ ~~ \ ~.\ "'''''''.' I. " - '<Wi'! II '.' " 'f)\N.(i " 1" 4 Examples of typical greens Human Scale or Pedestrian Scale Human scale is the proportional relationship of a particular building structure, or streetscape element to the human form and function. Human scale relates the size and/or height of a structure to the height and mass of a pedestrian traveling along the sidewalk or street adjacent to that structure. Landscape Concept Plan A landscape concept plan is a series of drawings that includes design direction and general schematics for all proposed public and private landscaping. Drawings do not have to detail every element but provide images that convey the important landscape design themes. Live-work Unit A live-work unit is a dwelling unit that is also used for work purposes, provided that the 'work' component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The 'live' component may be located on the street level (behind the work component) or any other level of the bui lding. Mixed-Use Building or Structure A mixed-use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live-work or lofts) with retail or office uses at the other levels. 47-7 --- .__.* ,.-... ",_~,_,_~",_~,-_.~'-''''''-'--''-~'-''-'''"-~-''''--'' Ordinance 480 - BBB September 20, 2005 Mixed Use Development Mixed use development is any development that proposes either mixed-use buildings or mixed-use land uses in the same development of one or multiple buildings. Mixed-Use Land Use Mixed-use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. Mobility and Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan is a component of the Southlake 2025 Plan, the city's Comprehensive Master Plan. The Mobility and Master Thoroughfare Plan, as amended, serves as the community's blueprint for the city's future transportation network based on the future land use allocation and intensity. Neighborhood A neighborhood is a component sub-district of predominantly residential uses and open spaces. small-scaled civic uses at prominent locations. a Transition Zoning District with A neighborhood may also contain Park A park is a natural preserve available mainly for unstructured recreation. Any structured recreation shall be limited to less than 10% of the park. A park is usually independent of surrounding building frontages. Its landscape consists of natural paths, trails, meadows, woodlands, and open shelters. Its size shall range from 5 - 10 acres. . \i'-.. \~~y I i\~ ~ / ..~~..< ~I : ~ ) I. fl". ~- Examples of typical parks Pathways Plan The Pathways Plan is the city's Master Trail System Plan, an element of the city's most recent Comprehensive Plan, as adopted by the City Council. Personal Services This is a category for limited personal service establishments which offer a range of personal services that include clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc. 47-8 Ordinance 480 - BBB September 20. 2005 Plaza A plaza is an open space available for civic purposes and limited commercial activities. A plaza is spatially defined by buildings and its landscape shall consist primarily of pavement with trees being optional. Plazas are to be located in the Retail Area or the Retail Edge/Neighborhood Edge and shall be under a 14 acre in size. Plazas can be wider sidewalks or extensions of sidewalks for the purpose of providing outdoor seating for restaurants and cafes. Image of a typical plaza. Primary or Principal Building The primary building on a lot is also known as the principal building and is the largest building on any lot that has more than one building. Primary Entrance The primary entrance is the main or principal pedestrian entrance of all buildings (except outbuildings). The primary entrance is the entrance designed for access by pedestrians from the sidewalk, or street if a sidewalk is not present. This is the principle architectural entrance even though day-to-day residential access may be via a secondary entrance associated with a garage, driveway or other vehicular use area. Primary Street A primary street(s) is a street that provides the main point(s) of access from an arterial or collector roadway to the Transition Zoning District's interior street network. Public or Civic Buildings Public or civic buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Public Realm The public realm is the area from building fa~ade to building fa~ade. This includes the street, any landscaping strips, pedestrian amenities, parks, common yards, etc. Residential Loft Residential loft is typically a residential unit designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. 47-9 Ordinance 480 - BBB September 20, 2005 Retail Area The Retail Area is a component sub-district of a Transition Zoning District with predominantly non-residential (retail and office) uses and open spaces (squares and plazas). Limited residential uses may be appropriate in mixed use buildings. Retail Edge/Neighborhood Edge The Retail EdgelNeighborhood Edge is a component sub-district of a Transition Zoning District with predominantly office, residential uses, open spaces, and limited retail uses. Retail Sales or Service Retail establishments form the fmal step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Establishments in stores operate as fixed point-of-sale locations, which are designed to attract walk-in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after-sales services, such as repair and installation. Included in this category are durable consumer goods sales and service, consumer goods, other grocery, food, specialty food, beverage, dairy, etc, and health and personal services. Single-Family Residential, Detached Dwelling Unit. A single-family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Single-Family Residential, Attached Dwelling Unit. A single- family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Square A square is generally a geometrically symmetrical open space of Yz to 2 acres, available for unstructured recreation and civic purposes. A square is spatially defined by streets and buildings, at least on three sides. Its landscape consists of paths, lawns, and trees, all formally arranged. J! J IJ L [ ,~ ---, F Examples of typical squares 47-10 Ordinance 480 - BBB September 20, 2005 Snack or Nonalcoholic Bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Southlake 2025 Plan The City of Southlake Comprehensive Master Plan, as amended, consisting of multiple elements, as adopted by the City Council. Street Tree A street tree is a tree or group of trees that line the edge of a street or roadway and includes trees inside and outside the street right-of-way. Streetscape Treatments Streetscape treatments include all improvements in a right-of-way and adjacent to it that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, street furniture, and trash receptacles. Streetscape treatments may also include a range of provisions such as paving materials, street/pedestrian/wayfinding signs, media boxes, parking meters, utility boxes, seating, public art/water features, bike racks, bollards, information kiosks, etc. Street Typology Street typologies are overlay designations to the functional classification of the city's roadway network as established in the City's most current Mobility and Master Thoroughfare Plan. Street typologies augment the functional classification system by appropriately linking functionality with other elements such as streetscape design, landscaping, pedestrian mobility, intersection treatments, building design, and adjacent land uses. 47.4 Transition Zonin!! District Component ReQuirements a. Generally. A Transition Zoning District shall consist of a minimum of two of the three following distinct components: a Retail Area, a Retail EdgeINeighborhood Edge, and a Neighborhood (see examples ofTZD schematic layouts) together with open space. The components may vary based on whether the subject site is in a Transition I or Transition 2 land use category. Land uses in the district shall be established based upon the overall character and design of the district. All Transition Zoning Districts shall contain open spaces scaled and designed to preserve existing wooded areas, stream corridors and views, and invite passive recreational activities. b. Retail Area. The retail area (RA) shall be the primary location of retail and offices for business, professional and technical uses in the Transition Zoning 47-11 Ordinance 480 - BBB September 20, 2005 District and is appropriate for properties designated as Transition I in the Consolidated Future Land Use Plan. The location of the Retail Area relative to the other two components shall be based upon the Scale and Context Criteria for Retail Uses under the T-lland use category in Section 4 of that Plan, as amended and the overall character and design of the proposed district. c. Retail EdgeINeighborhood Edge. The retail edge (RE)/neighborhood edge (NE) component is appropriate in areas designated as Transition 1 or Transition 2 in the Consolidated Future Land Use Plan. The location, size, and mix of uses of the Retail EdgeINeighborhood Edge shall generally meet the Scale and Context Criteria for Office Uses under the T -liT -2 land use category in Section 4 of that Plan. The Retail EdgeINeighborhood Edge may contain a mix of retail, office, and residential uses as approved by City Council based upon the overall character of the proposed district. However, it shall mainly consist of office and residential uses with neighborhood-scale comer retail uses limited to street intersections in the Retail EdgeINeighborhood Edge. d. Neighborhood. The neighborhood component is appropriate in areas designated as either Transition 1 or Transition 2 in the Consolidated Future Land Use Plan. The location of the neighborhood shall be determined based upon the overall character and design of the proposed district and the following criteria: 1. The neighborhood component is to be located between the proposed office and existing residential neighborhoods. These uses are intended to provide a lower intensity transition between existing neighborhoods and non-residential uses. 2. The neighborhood should be well integrated with proposed open space and other civic uses to create a sense of place. 3. The neighborhood should also be integrated with proposed commercial uses in a manner that provides internal automobile and pedestrian access to convenience commercial uses. 4. Uses in the neighborhood shall be to the density and scale that IS appropriate based on the context and character ofthe proposed district. e. Open Space. The open space component shall be integrated into the overall design of the Transition Zoning District. 1. The type, scale, location, and design of the open space component shall depend on the context and location of the other components of the Transition Zoning District. 2. Squares and plazas may serve as open spaces and are appropriate in the Retail Area and Retail/Neighborhood Edge components. Parks, greens, and environmental preserves are appropriate in any component. 3. The open space component shall generally meet the Scale and Context Criteria for Open Space in the Transition 1 or Transition 2 land use category, depending upon the district within which it is located, as set forth in the Consolidated Future Land Use Plan, Section 4. 47-12 Transition Dlslricl Example Transltlon District Example As Applied on a T.2l.and Use Designation As Applied on a T-ll.and Use Designation Note: The above schematics are just examples of the application of the TZD components. They should only be used as guides in designing appropriate Transition Zoning Districts. Ordinance 480 - BBB Legend C]R.e:.aitAtl!'il ,..., Rota" Edge, L-....J ~ht:loftwx,'" o Ne.gh~X( ~ ././ Cotner Re:dli / / / f,t."'>!!;;j!!~a>iE _=u~~ 47.5 Schedule of Uses September 20, 2005 a. Uses within the TZD shall be in accordance with the following schedule of uses. P = Permitted (All Development Standards in Section 47 apply) P* = Permitted only where identified and based on specific criteria III the TZD Development Plan approved by City Council. NP = Not Permitted SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply in addition to Section 47) Permitted as an accessory use (Standards in Section 34 shall apply unless the applicant proposes alternative standards for accessory uses and structures subject to City Council approval.) Retail Area Retail Edge (T -1 ) Neighborhood Edge (T-2) Neighborhood A= RA= RE= NE= N= 47-13 Ordinance 480 - BBB September 20, 2005 TABLE 47-1 Use Status LAND USE CATEGORY RA RE (T-I)/ N NE (T-2) Commercial Uses (Office, Retail, and Service Use,,) . Retail Sales or Service with no drive through facility. P P* NP Excluded from this category are retail sales and services establishments geared towards the automobile, including gasoline service stations. . Finance, Insurance, and Real Estate establishments P P NP including banks, credit unions, real estate, and property management services, with no drive throUlzh facilitv . Offices for business, professional, and technical uses P P NP such as accountants, architects, lawyers, doctors, etc. . Food Service Uses such as full-service restaurants, P p* NP cafeterias, and snack bars with no drive through facilities and no alcohol sales Arts, Entertainment, and Recreation Uses . Fitness, recreational sports, gym, or athletic club P p* NP . Parks, greens, plazas, squares, environmental P P P preserves, and playgrounds Educational, Public Administration, Health Care and Other lnstitutional Uses . Business associations and professional membership P P NP organizations . Child day care and preschools P P NP . Schools, libraries, and community halls P P p* . Civic uses P P p* . Social and fraternal organizations P P NP . Public Safety facilities P p* NP . Religious institutions P p* p* Residential Uses . Home Occupations N/A A A . Live/Work units P* p* SUP . Residential Lofts P* P* NP . Single-family residential detached dwelling unit NP P P . Single-family residential attached dwelling unit NP P P Other Uses I Model homes for sales and promotion** P* P P . Outdoor temporary removable displays and sales for SUP SUP NP fairs, festivals and other special events held in outdoor spaces ** Model homes are permitted only for the time until all the homes are sold in the neighborhood. 47-14 Ordinance 480 - BBB September 20, 2005 TABLE 47-1 Use Status LAND USE C1TEGORY RA RE (T-I)/ N NE (T-2) . Outdoor vendor sales SUP NP NP . Parking, surface P* P* A . Sales from kiosks SUP SUP NP . Any permitted use with a drive through facility SUP NP NP . Alcohol sales SUP SUP NP . Veterinary clinic (no outdoor facilities for overnight SUP NP NP storage of animals) b. The percentages allocated to each land use as recommended in the paragraph entitled "Land Use Mix", as set forth in the T-I and the T-2 Transition land use categories in the Consolidated Future Land Use Plan, are guidelines for the applicant and the City to determine the appropriate percentage of acreage devoted to each land use. The City Council may vary percentages within the limits indicated based upon site specific conditions in the ordinance establishing the district. c. Any use not specifically listed in Table 47-1 is prohibited. 47.6 Development Standards a. Development in the Transition Zoning District shall be subject to all the provisions of the Comprehensive Zoning Ordinance, as amended, with the exception of the following standards: 1. Section 39 - Screening, Ordinance 480 (with the exception of all lots immediately adjacent to existing residential development); 2. Section 42 - Bufferyards, Ordinance 480 (with the exception of all lots immediately adjacent to existing residential development); 3. Section 43 - Overlay Zones, Ordinance 480; 4. Section 35 - Parking Requirements, Ordinance 480; 5. The following sections of the Subdivision Ordinance, Ordinance No. 483, as amended: Section 5.02 Right-of-Way Requirements; Section 5.03 A, B, I, and J; 5.06 A & B; and Article VII (with approval from the Park Board and City Council only). b. Uses and regulations of Section 34 - Accessory Uses shall apply unless other standards are proposed by the applicant and approved by City Council. 47-15 Ordinance 480 - BBB September 20, 2005 c. The following standards shall apply to development in the Transition Zoning District. Most standards have a numerical range and few have a specific numerical value. Due to the inapplicability of one development standard across all Transition Zoning Districts and to encourage a diversity of development proposals, the applicant shall propose, subject to Council approval, the standards indicated as "flexible" or "Yes/Flexib1e" on the following table for the proposed development at the time of development plan application submittal (see subsection 47.8 for development plan submittal requirements in the TZD). TABLE 47-2 Standard Retail Area Retail Edge (T-J)/ Neighborhood Neighborhood Edge (T-2) 1.0 Street Design Standards (This standard applies only to new streets located in the Transition Zoning District) Street design standards proposed shall be based upon creating a safe and inviting walking environment through an interconnected network of roads with sidewalks, street trees, street furniture, and amenities. Cul-de-sacs are prohibited and residential streets may have a pavement width of32 feet with parking on both sides of the street. To meet fire safety standards, the applicant shall demonstrate that a clear conveyance width of 24 feet will be available on all streets (with the exception of alleyways that are not designated as fire lanes). The right-of-way widths for streets in the TZD shall depend on the street typology and streetscape standards proposed and approved in the ordinance creating the district. The minimum right-of-way (R-O-W) width shall be 50 feet for all streets and 20 feet for alleys. Design speed :<:;25 mph (except new :<:;25 mph (except new < 25 mph collector streets) collectors) Street typologies · Boulevards: 4-lane · Boulevards: 4-lane · Avenues: 2-lane allowed divided) divided divided . Avenues: 3-lane · Avenues: 3-lane . Residential streets: 2- divided divided lane undivided . Main streets and . Residential streets: 2- . Alleys Residential streets: 2- lane undivided lane undivided · Alleys . Alleys Travel lane widths* Flexible Flexible Flexible *Curbside lanes may be wider only if they are designed to accommodate bicyclists as identified by the city's current Pathways Plan. On-street Parking Parallel Yes Yes Yes Angled (only if Yes Yes Not permitted vehicles per day are projected to be less than 8,000) Parking lane width Parallel 8 feet 8 feet 7 - 8 feet Angled 1 8 feet 1 8 feet N/A Turning radii Flexible Flexible Flexible Alleys Yes/Flexible Yes/Flexible Yes/Flexible I Alleys shall be required for all development with lots 60 feet or less in width. 47-16 Ordinance 480 - BBB September 20, 2005 TABLE 47-2 Standard Retail Area Retail Edge (T-l)/ Neighborhood Neighborhood Edge (T-2) 2.0 Streetscape Standards Sidewalks/Trails/ 6 feet - 10 feet 6 feet (minimum) 5 feet (minimum) Walkways When there is a conflict between the foregoing standard and the city's current Pathways Plan, the foregoing standard shall prevail. Planter/Planting Strip Tree wells or Tree wells or Continuous planters Type continuous planters continuous planters Planter/Planting Strip 6 feet - 8 feet 6 feet ~ 8 feet 6 feet (minimum) Width Street Trees Required Yes/Flexible YesIFlexible Yes/Flexible The applicant shall submit a proposed street tree planting plan as a part of the Landscape Concept Plan, which shall be reviewed by the city's Landscape Administrator and must be approved by City Council at the time of Development Plan and zoning change. The requirements for such a landscape concept plan are outlined in section 47.8 of this ordinance. 3.0 Open Space Standards Open Space* Required/Flexible; Req uired/Flexible, Flexible, greens and squares and plazas squares and greens parks may be may be appropriate may be appropriate appropriate. Conservation easements and/or environmental preserves may also be permitted. *Overall open space allocations in the TZD shall be a minimum of 15% of the gross area of the entire site included in the TZD development plan and shall be distributed appropriate~v between the TZD components. The location and design of appropriate open spaces shall be based on Section 47.7 of this ordinance. Dedicated open spaces in the TZD may, with Park Board and City Council grant of a variance, be applied as a credit up to 100 percent of the park and open space dedication requirements in Ordinance 483. 4.0 Block and Lot Standards Block Type Regular (square or Regular or irregular Regular or irregular rectangular) (square, rectangular, (square, rectangular, or curvilinear based on or curvilinear based topography and on topography and vegetation) vegetation) Block Dimensions Between 500 feet and Between 500 feet and Less than 1,200 feet 800 feet I 000 feet (unless limited by unique site conditions such as topography and vegetation) Lot Area Flexible Flexible Flexible Lot Width and Depth Flexible Flexible Flexible Maximum Lot Flexible Flexible Flexible Coverage Maximum Impervious Flexible Flexible Flexible Cover 47-17 Ordinance 480 - BBB September 20, 2005 TABLE 47-2 Standard Retail Area Retail Edge (T-I)/ Neighborhood Neighborhood Edge (T-2) 5.0 Building Standards Building Height 3 stories (maximum) 2 V2 stories 2 stories (maximum) (maximum) (excluding any (excluding any basements) basements) Setbacks* Front 30 feet (maximum) 25 feet (maximum) 25 feet (maximum) Side Flexible Flexible Flexible Rear Flexible Flexible Flexible *Minimum setback standards are to be proposed by the applicant or shall be based on the minimum fire separation standards adopted by the city's building code. Accessory buildings Flexible Flexible Flexible Standards for accessory uses and structures shall be provided by the developer. The standards shall result in accessory buildings being subordinate in size and scale to the principal building. Section 34, Accessory Uses shall apply if the applicant does not specifically provide regulations for accessory uses and structures. Principal building Buildings shall be oriented to the primary street or toward another focal point. orientation See subsections 47.7 (a) and (b) for additional requirements. Building fayade & The applicant shall propose appropriate building fayade and architectural design architectural design standards for all the TZD components in the development with the application standards for zoning change/development plan. They shall be based on the criteria established in subsections 47.7 (d) and (e) of this ordinance. 6.0 Site Design Standards Off-street parking The applicant shall propose off-street parking standards appropriate to serve the requirements proposed uses in the TZD. Section 35 shall be used as a guide to establish parking standards. However, 47.7 (f) shall regulate the location and design of all proposed off-street parking. Parking standards in the Transition Zoning District are intended to be flexible due to the mixed use nature, shared parking opportunities, and availability of on-street parking. Off-Street Loading Section 36 applies N/A N/A Screening . Trash/recycling RequiredIFlexible Required/Flexible Flexible - generally receptacles recommended along . the alleyways, if alleys are provided. . Other utility See subsection 47.7 See subsection 47.7 See subsection 47.7 equipment (e) (5) (e) (5) (e) (5) . Loading spaces See subsection 47.7 N/A N/A (e) (5) . Surface parking Required/Flexible Required/Flexible Required/Flexible areas Landscaping # . Landscape buffer Yes/Flexible Yes/Flexible Yes/Flexible between surface parking and sidewalks/trails and streets 47-18 Ordinance 480 - BBB September 20, 2005 TABLE 47-2 Standard Retail Area Retail Edge (T-l)/ Neighborhood Neighborhood Edge (T-2) . Parking lot Flexible Flexible Flexible nllntmUITI interior landscaping # The applicant shall provide a landscape concept plan with the development plan application that identifies landscape themes and general design approach addressing street tree planting, streetscape treatments, any required screening. parking lot landscaping, and landscaping proposed in all the identified open space areas. Information provided at the development plan phase may be schematic and conceptual meeting the design intent of the proposed development. Detailed landscaping plans shall be required at the site plan stage for all non-residential development. Lighting'" . Building Required/Flexible Required IFlexible Flexible entrances . Parking areas, Required IFlexible Required IFlexible Required IFlexible trails, and streets '" As a part of the development plan application, the applicant shall propose lighting standards that includes street light standards and other amenities as a part of the streetscape treatment plan. The landscape concept plan may be combined with a concept plan for lighting. Signs Flexible Flexible Flexible Flexible signage in the Transition Zoning District may be proposed by the developer in the form of a Conditional Sign Permit application to City Council as per the city's Sign Ordinance, as amended. Signage in the TZD shall integrate the streetscape and architectural design of the district through a palette of signs that enhances the pedestrian environment and creates a unique identity. 47.7 Performance and Desien Standards a. General Layout Standards. I . The proposed district shall contain a network of connected streets and walkways: 1. Streets in the TZD shall provide a variety of transportation routes and disperse traffic. 11. Streets shall be designed to create a pleasant walking environment with on-street parking and streetscape treatments. lll. Cul-de-sacs are prohibited unless natural features such as topography or stream corridors prevent a street connection. IV. Stub streets may be required where a street is likely to be extended in the future. 47-19 Ordinance 480 - BBB September 20, 2005 v. Blocks may be square, elongated or irregular. Block shape and size should respond to topography, existing vegetation, hydrology, and design intentions. VI. A verage blocks widths shall be between 500 feet and 800 feet. Blocks should vary in size based on the component sub-district. VB. Blocks that are longer than 1,200 feet should be bisected by a walking path. 2. The proposed district shall contain designated sites for civic, institutional, and religious buildings. Buildings such as schools, libraries, meeting halls, places of worship, and day care facilities should occupy prominent places in the TZD and be planned in coordination with open spaces. 3. The proposed district shall contain many separate and human-scaled buildings: 1. The lots and a variety of buildings should generate a cohesive pattern that allows streets to be civic places. 11. Building heights should vary, with two and two and one half story structures typical in the neighborhood and neighborhood edge/retail edge. Buildings should help define the sidewalk. Ill. Driveway sizes and locations shall minimize the impact of the automobile on the public realm and thus enhance the pedestrian expenence. b. Building Orientation. I. Primary building facades for all non-residential and mixed use buildings shall be oriented to the primary street or shall be oriented toward a focal point such as a landscaped street, plaza, or similar formal open space. 2. Primary buildings shall have a minimum of 50% of their building fa~ade oriented along arterial, highway frontage, or collector streets and a minimum of 75% of their building fa~ade oriented along other public or private streets (with the exception of alleyways) (see illustration below). 47-20 Ordinance 480 - BBB September 20, 2005 ~~ lL Alley I al <: -lI! o Co -:!1 ~ Q. .(0 Building Frontage Requirements (i) ArteriaVCollector/Highway Frontage Road: .u a + b >= 50% of total block dimension (ii) All other streets (except alleys): a* + b* + c* >= 75% of total block dimension along that street :0 Note: Plazas and squares shall be counted towards contributing to the block frontage II Block Dimension (100%1 Arterial or Collector ir Parking located in the ~dle of the block t-- AIrey C-. J _--LWJ YTC:P r-- Typical Site Design and Building Orientation for Retail and Office Uses in the TZD 47-21 Ordinance 480 - BBB September 20. 2005 . .'~ 1J Green W; . , ~ ~9"" ~t:Kl'l07"" ~ .r~ ~ A 1\ AftiI r. ". ~ ~- <if ([,j ~ <W ~. (j, liII "r- -- : ..: : Residential uses fronting ~ __" /' . on the common green _ --. :_ .. 1" ~ 'II ~.~~ -~ _ ~'I~~. Parking for residential uses -1 ~_ AI~ ,~(~\ ,G--- ~ ~.~~~~~,~. ~ - --a iJ i ~ : . r Surfaceparkmg screened .i r cer:...'1 (~ from residential uses tiii .-h ;U~ ~.-lIf.~.. i~. ces 1 I- ....p~ for office.ius~ .. 1 E .E \\ '~4:,,":' , .. ~/X. ,,:.' ~ Pt ~ ~ft. ,#.... .}Ii_ ~11 ~-.,. Typical Site Design and Building Orientation for Office and Residential Uses in the TZD c. Building Entrances. 1. Primary facades shall contain the main entrance of any principal building. 2. All principal buildings in the Transition Zoning District located on a primary street serving the development shall also have doors, windows, and other architectural features facing the primary street. Non-residential or mixed use comer buildings shall have at least one customer entrance facing each street or a corner entrance instead of two entrances. d. Building Fa9ade Standards. 1 . All development shall provide ground floor windows on the building fayade facing and adjacent to a street (with the exception of alleys) or facing onto a park, plaza, or other public outdoor space. 2. Darkly tinted windows and mirrored windows that block two-way visibility shall not be permitted. 47-22 Ordinance 480 - BBB September 20, 2005 3. The fIrst floor elevation of single-family dwellings shall be raised a minimum of two (2) feet above the fInished level of the public sidewalk/trail in front of the residential structures. e. Architectural Design Standards. 1. To ensure compatibility of building types and to relate new buildings to the building traditions of the region, architectural design shall be regulated, governed, and enforced through architectural design standards proposed by the applicant. The applicant shall submit the proposed standards as a part of the development plan application for all development in the TZD. The Planning and Zoning Commission shall make a recommendation and the City Council shall approve them at the time of approval 0 f the Development Plan. 2. Architectural design standards for a proposed Transition Zoning District shall: 1. specify the materials and confIgurations permitted for walls, roofs, openings, street furniture, and other elements; 11. be based on traditional building precedents from the region; 111. include the following: a. architectural compatibility among structures within the neighborhood; b. human scale design; c. pedestrian use of the entire district; d. relationship to the street, to surrounding buildings, and to adjoining land uses; and e. special architectural treatment of gateways/civic buildings. 3. All building frontages along public and private streets (with the exception of alleys) shall break any flat, monolithic facades by including architectural elements such as bay windows, recessed entrances, or other articulations so as to provide pedestrian interest along the street level fayade including discernible and architecturally appropriate features such as, but not limited to, porches, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas, plazas, courts, or other treatments to create visual interest, community character, and promote a sense ofpedestrian scale. 4. All buildings in the TZD shall be constructed with exterior building materials and fInishes of a quality to convey an impression of permanence and durability. Materials such as masonry, stucco, stone, terra cotta, 47-23 Ordinance 480 - BBB September 20, 2005 ceramic tiles, and similar durable architectural materials are allowed and shall be approved with the Development Plan for the district. 5. Non-residential buildings and sites shall be organized to group the utilitarian functions away from the public view of any street (with the exception of alleys). Delivery and loading operations, HV AC equipment, trash compacting and collection, and other utility and service functions shall be incorporated into the overall design of the buildings and landscaping. The visual and acoustic impacts of all mechanical, electrical, and communications equipments (ground and roof-mounted) shall not be visible from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally compatible with and similar to the building materials of the principal structures on the lot. f. Location and Design of Off-Street Parking. 1. The applicant shall provide standards for the quantity of off-street parking proposed in the district based on an analysis of the parking demand for the mix of uses proposed and availability of on-street parking in the district. The proposed off-street parking standards shall be approved by City Council in the ordinance establishing the district. Section 35 shall be used as a guide to establish the amount of parking required for uses proposed in the TZD if the applicant does not specifically provide alternative standards. 2. A parking lot for non-residential uses shall be located at the side or rear of a building. If located adjacent to a street or a residential use, screening shall be provided in the form of a landscape fence which is at least 4 feet in height. 3. A parking lot may not be adjacent to a street intersection or square, or occupy a lot that terminate a street vista. 4. Shared parking facilities are encouraged for non-residential uses in the TZD. 5. Bicycle parking shall be provided for non-residential uses, especially for schools, parks, trails, and other recreational facilities. Bicycle parking shall be provided at a rate of 5% of all off-street automobile parking spaces provided for non-residential and mixed uses in the development. Bicycle parking may be shared between uses and should be centrally located, easily accessible, and visible from streets or parking lots. They may be located between the roadway and the building facades as long as their location does not impede pedestrian walkways. 47-24 Ordinance 480 - BBB September 20, 2005 6. Off-street parking for non-residential and mixed uses located along public streets shall be limited to 25% or less of the block frontage along non arterial and non collector streets and 50% or less on arterial, collector, and highway frontage streets (see corresponding building frontage requirement). 7. Any off-street parking provided for residential uses shall be located in such a manner as to minimize the impact of garages and driveways along the residential street. All residential lots that are 60 feet or less in width shall have off-street parking and/or garages accessed from alleys. Alllots wider than 60 feet may have front loaded garages, but in no case shall the width of the garage exceed 30% of the front far;;ade width of the entire building. In addition, the garage shall be set back at least three (3) feet from the front far;;ade of the home. g. Size of Primary Buildings. Because of the size of the tracts of land to be included within the district, and the intent of facilitating a pedestrian friendly integrated development while preserving existing environmental features, maximum building footprint sizes are as follows: Use of building Maximum Building Footprint permitted (square feet) 40,000 10,000 10,000 Retail sales and service Financial and office uses Civic (religious, educational and institutional) Mixed Use buildings Residential 20,000 No limit h. Open Space Standards. 1. The provision of adequate and appropriate open space areas shall be integral to all development in the district. The minimum requirement for open space in the district is 15% of the area of the site which shall be dedicated open space and shall be included in the zoning change/development plan application for a proposed TZD. 2. The open space provided shall be appropriately designed and scaled in each of the district components. 3. The following criteria shall be used to evaluate the merits of proposed open spaces in the Transition Zoning District: 47-25 Ordinance 480 - BBB September 20, 2005 1. The extent to which environmental elements preserved are considered as "features" or "focal points" and integrated into and prominently featured as "front yards" in the development; adding value to the development. The extent to which emphasis has been placed on preservation of existing wooded areas, view sheds, water bodies, topography, and stream corridors in a natural and contiguous state. The extent to which pedestrian connectivity in the form of sidewalks, natural walking paths along stream and creek corridors has been addressed. The extent to which a range of open spaces have been provided to be contiguous with existing open spaces and to invite passive recreational uses from plazas and squares to playgrounds, parks and environmental preserves, appropriately organized within the respective TZD component. 11. Ill. IV. 4. Open spaces may be in the form of pocket parks, children's play areas, squares, linear greens, and environmental preserves. Active sports fields and structured recreational activities shall be limited to less than 10% of any parks located in the district. 5. Plazas and squares shall be permitted only in the Retail Area or Retail EdgelNeighborhood Edge of a TZD. A plaza which is intended to serve as open space may be located at a street intersection or a focal point and shall generally be small in scale (under 1;4 acre in size). A square which is intended to serve as open space may also be located at a street intersection or as a focal point of a development. 6. In addition to the above, an application for development in the TZD shall include an open space management plan to be approved by City Council at the time of the zoning/development plan application which shall include: 1. distribution of responsibility and guidelines for the maintenance and operation ofthe protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; 11. an estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; 111. a provision for enforcement of the open space management plan; and 47-26 Ordinance 480 - BBB September 20, 2005 IV. provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision. 47.8 Applications and Development Review Process a. Applications for Rezoning. 1. An applicant requesting a rezoning to the TZD shall submit a Development Plan that meets the requirements of subsection 47.8.b.(2) and includes the informational requirements for a Development Plan in the NR-PUD under Section 40 of this ordinance. 2. The Planning and Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning and Zoning Commission or City Council deems appropriate. The Development Plan shall be approved with the ordinance establishing the Transition Zoning District. If the applicant elects, the City Council may approve a site plan in conjunction with the Development Plan for all or a portion of the district at the time of the creation of the district by ordinance. b. Plan Review Process. 1. Overview of Review Process: Development of land in the TZD includes two steps and plat approval. The fIrst step is the rezoning and development plan review and approval phase. The second step is site plan review and approval required by City Council for all non-residential and mixed use development. A building permit for a single-family residential structure may be obtained after approval of the fInal plat by the Planning and Zoning Commission. 2. The Development Plan: The Development Plan is intended to illustrate the general development pattern of the district consistent with the purpose and intent of the district. I. The applicant shall submit a Development Plan for the entire property for which the rezoning is sought. A Development Plan in the district is not intended to be a detailed proposal; rather, it shall 47-27 Ordinance 480 - BBB September 20, 2005 illustrate the general location of land uses, street layout, treatment of transition areas to adjacent uses and any other appropriate information required by decision makers. The Development Plan in the district shall illustrate the proposed general design direction of the site with dimensional guidelines that provide adequate information about the design intent, intensity, and phasing of the proposed district. 11. The application shall: (a) demonstrate compliance with the District's purpose and standards and the Southlake 2025 Plan, as amended; (b) include a map(s) meeting all the informational requirements for a Zoning Change/Development Plan in the NR-PUD district (as listed under Section 40), and meeting the standards of this section including: (I) delineation of TZD district components proposed in the development; (2) the layout of proposed blocks, streets, bikeways, and pedestrian paths; (3) the location and acreage of open space areas and whether each will be privately owned, a common area for residents only or dedicated to public use; (4) the location, area, and percentages of retail, office, residential, civic, and open space uses; (5) the approximate shape, size, and placement of buildings; and (6) the general parking layout and approximate parking count, with indication of parking lot landscape areas; (c) include a report in the form of text, statistical information, tables, guidelines, and graphics that includes: (l) a statement of the purpose and intent of the proposed district; (2) a description of the mix of land uses and the factors which ensure compatibility both within the 47-28 ___>_ ._,...._. '_.'" ,..~___._,.,~_,._,.______",_..__.._._____.._4" Ordinance 480 - BBB September 20, 2005 development site, with adjacent land uses, and compliance with the recommendations of all the adopted elements of the Southlake 2025 Plan, the city's Comprehensive Master Plan; (3) any special standards for signage in the form of a conditional sign permit application that provides a design palette addressing the location, lighting, colors, and materials for all signage in the district; (4) a parking demand analysis for the mix of uses proposed to support the on-street and off-street parking to be provided in the development, especially if the applicant is not using Section 35 as a guide. (5) statistical information including: I. gross acreage of the site, and net acreage of the site excluding jurisdictional wetlands, regulatory floodplains, and slopes over 20%; 11. the amount of land devoted to open space, both in acres and as a percentage of the gross acreage of the site. Ill. the amount of land devoted to retail, office, residential, and civic uses, both in acres and as a percentage of the gross acreage of the site. IV. a plan for pedestrian, bicycle, and vehicular circulation describing the general design capacity of the system as well as access points to the major thoroughfare system. v. a daily and peak hour trip generation and directional distribution report by use unless the Director of Public Works finds that the traffic to be generated by the proposed district does not warrant the preparation and submission of a study; VI. the maximum allowable building coverage, density, and height; and 47-29 Ordinance 480 - BBB September 20, 2005 VB. the minimum building setbacks. (6) street design standards, with typical cross-sections and street classifications for the proposed district (or for each phase, if it is to be developed by phases) specifying minimum pavement width, right- of-way width, presence of curbs, on-street parking, street trees, bikeways and sidewalks; (7) development standards for the proposed district (or for each phase, if it is to be developed by phases) specifying standards for all the "flexible" elements by each TZD component area in the form of a table; (8) architectural design standards for the proposed district (or for each phase, if it is to be developed by phases) specifying materials and configurations permitted for walls, roofs, openings and other elements, renderings, and typical elevations; (9) a landscape concept plan that includes: the design direction and general schematics for all proposed landscaping including all aspects of the public realm such as street trees, streetscape treatments, pavement details, front yards, and medians; proposals for required parking lot landscaping, screening, design concepts for all open spaces, lighting, and any other information required by City Council; (10) an open space management plan as outlined III subsection 47.7 (h) (6) hereof; and (11) a non-binding schedule for the district (or for each phase, if it is to be developed by phases), which shall show generally how the applicant will complete the project containing the following information: (i) the proposed order of construction by section delineated on the Development Plan; (ii) the proposed schedule for construction of improvements to open space areas; and 47-30 Ordinance 480 - BBB September 20, 2005 ( iii) the proposed schedule for the installation of required public or utilities improvements and the dedication of public rights-of-way, easements and properties. Ill. The applicant may request that the Director of Planning waive or defer any of the foregoing requirements of the application that are not applicable to the review of a specific development. 3. Site Plan. A City Council approved site plan shall be required before building permits can be issued for all individual, non-residential and mixed use buildings. Applications for site plans shall be submitted only after the City Council has approved a development plan for that area incorporated by the site plan. 1. An application for approval ofa Site Plan shall be processed as an amendment to the Zoning Ordinance. Property owners shall be notified, public hearings shall be conducted, and notice and publication shall be made in accordance with the requirements of Texas Local Government Code Chapter 211, as amended. Ifan applicant submits an application for approval of a Development Plan and a Site Plan concurrently, they may be consolidated as a single application. 11. The City Council shall approve or disapprove a Site Plan only after receiving a recommendation of the Planning and Zoning Commission. 111. An application for site plan approval shall contain the information set forth in Section 40.4. IV. A building permit for any lot with a single-family dwelling may be approved after Development Plan, Preliminary Plat, and Final Plat approval and filing at the county clerk's office and only if the design of the proposed residential use meets the approved development plan standards. 47.9 Modifications The City Council may approve modifications to any of the standards in the Transition Zoning District after a recommendation by the Planning and Zoning Commission based on unique site conditions and development intent at the time of the application. In granting a modification, the City Council may impose any conditions that it deems necessary or desirable to protect the public interest and implement the goals of the Southlake 2025 Plan. However, an applicant may submit to the Board of Adjustment a request for a variance and the Board may grant variances to any specifically established 47-31 Ordinance 480 - BBB September 20, 2005 standards approved by the City Council III the ordinance establishing the particular Transition Zoning District. 47.10 Amendments to Approved Plans or Re!!ulations Established in a Transition Zonin!! District Ordinance a. The Planning Director may approve minor changes to and deviations from an approved site plan with the applicant's written justification for such changes. Any significant changes to and deviations from approved plans shall be regarded as an amendment to that particular plan and shall be reviewed by staff and subject to Planning and Zoning Commission recommendation and City Council approval. The Planning Director shall make the determination as to whether a proposed change is minor or significant, based upon consideration of the following factors: 1. whether the proposed change substantially alters the arrangement of buildings or changes the use of building space designated on the original plan; 2. whether there is an increase in the number of residential units; 3. whether the proposed change substantially alters vehicular circulation or the placement! arrangement of parking areas; 4. whether the proposed change will reduce or lessen the effectiveness of open space, landscape buffers, and edges; or 5. whether the proposed change will substantially alter or change the design elevation, roof pitch, materials, or massing of the buildings; b. I f the proposed change is significant or conflicts with regulations specified within the ordinance establishing the TZD, it must be processed as an amendment to the Zoning Ordinance, and must be approved by the City Council after a recommendation from the Planning and Zoning Commission. c. If the City receives an application to rezone only a portion of the property within a TZD established by ordinance, the City may consider the request for rezoning that portion and is not required to rezone the remainder of the property. However, the zoning change requested shall be evaluated based on the purpose, intent, and context ofthe proposed changes. 47-32 SECTIONS 48 - 54 RESERVED FOR EXPANSION XX-I SECTION 55 SCHEDULE OF FEES, CHARGES AND EXPENSES 47.1 SCHEDULE OF FEES. CHARGES AND EXPENSES - The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for the administration, review and processing of applications regarding the issuance of building permits, certificates of occupancy, zoning change requests, appeals, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the Administrative Official. and may be altered or amended only by the City Council. This schedule shall be reviewed at least annually by the City Council. 47.2 FEES REQUIRED - Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. The fees shall not be refundable. Fees will be required for the following items: a. Applications regarding a change to zoning district boundaries, or to the text of the Zoning Ordinance. b. Application for a "Certificate of Occupancy" for non-conforming Structures. c. Applications to the Zoning Board of Adjustment. d. Annexation of Property by Formal Petition: Utility fee per lot. e. Building Permits for Valuations Exceeding $100. f Sign Permits. g. Moving of buildings or structures. h. Demolition of buildings or structures. 1. Impact Fees. 55-1 SECTION 56 PENALTIES: INJUNCTION 48.1 PENALTIES - 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 $2,000.00 for each offense. Each day that a violation exists shall constitute a separate offense. The penalty should not be construed as exclusive, and the City hereby provides that any other remedy available to it, in law or in equity, is not intended to be, and is not, foreclosed by the provision of such penalty. 48.2 INJUNCTION - The City shall have and retain the right for injunctive relief against any person, firm or corporation who is in the process of or about to violate any section, paragraph, or part of this ordinance. Such right for injunctive relief shall exist independent of the other penalty provisions of this ordinance and not in lieu thereof The right of injunctive relief is essential to the City in order that it may maintain an orderly and properly planned control over all land uses thus protecting the health, morals, safety and well being of the citizens and halting any attempt by any person, firm, or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this ordinance. 56-1 SECTION 57 SAVINGS CLAUSE All rights or remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of Ordinance No. 334, as amended, or of any zoning ordinance or amendments thereto of said City of Southlake, Texas, that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the Court shall have all the powers that existed prior to the effective date of this ordinance; and all existing violations of previous zoning or building ordinances which would otherwise become non-conforming uses under this ordinance, shall not become legal non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that they were violations of prior zoning ordinance of the City of South lake, Texas. 57-1 SECTION 58 CUMULATIVE CLAUSE 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. Ordinance No. 334, as amended, is hereby repealed. 58-1 SECTION 59 SEVERABILITY CLAUSE 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. 59-1 SECTION 60 PUBLICATION IN PAMPHLET FORM 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 60-1 SECTION 61 PUBLICATION IN OFFICIAL NEWSPAPER The City Secretary of the City of South lake 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 said hearing, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 61-1 SECTION 62 EFFECTIVE DATE (Editor's Note: Ordinance 480-BBB renumbered original Section 54 to Section 62 and did not affect the original effective date of Ordinance 480.) 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 FIRST READING ON THIS 5th DAY OF SEPTEMBER, 1989. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS 19TH DAY OF SEPTEMBER, 1989. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: 62-1 SECTION 3 That Section 5.02 of Ordinance No. 483, the City of South lake Subdivision Ordinance, is hereby amended by the addition of a new subsection E, which shall be and read as follows: "The requirements of Section 5.02.A. shall not apply to a plat of a subdivision in a Transition Zoning District. Rather, the City Council shall establish right-of-way widths based upon Section 47 of the Comprehensive Zoning Ordinance, as amended, and traffic engineering studies." SECTION 4 That Section 5.03 of Ordinance No. 483, the City of South lake Subdivision Ordinance, is hereby amended by the addition of a new sentence to subsection A, which shall be and read as follows: "The requirements of Section 5.03.A. shall not apply to a plat of a subdivision in a Transition Zoning District. Rights-of-way in a Transition Zoning District shall be established by the City Council based upon the provisions of Section 47 of the Comprehensive Zoning Ordinance, as amended, street typology, and upon traffic engineering studies." SECTION 5 That subsections B, I, and J of Section 5.03 of Ordinance No. 483, the City of South lake Subdivision Ordinance, are hereby amended by the addition of a new sentence to each subsection which shall be and read as follows: ''The requirements of this section shall not apply to a plat of a subdivision III a Transition Zoning District." SECTION 6 All rights or remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of Ordinance No. 480, as amended, or of any zoning ordinance or amendments thereto of said City of South lake, Texas, that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the Court shall have all the powers that existed 480-BBB prior to the effective date of this ordinance; and all existing violations of previous zoning or building ordinances which would otherwise become non-conforming uses under this ordinance, shall not become legal non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that they were violations of prior zoning ordinance of the City of South lake, Texas. SECTION 7 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 8 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 Section One of this ordinance shall be fIned not more than Two Thousand Dollars ($2,000.00) for each offense. 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 Section Three of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Each day that a violation is permitted to exist shall constitute a separate offense. 480-BBB ,'-'~'.,--...".".. '''._'..~. "'-Y" ....._._.,_._.~__,,_",._______,.__ SECTION 9 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 10 The City Secretary of the City of South lake 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 proofthan the production thereof SECTION 11 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. 480-BBB SECTION 12 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 16th day of August, 2005. ~~ MAYOR - - ATTEST: ~- ()~ CITY SECRETARY ",""",", "",\~OU TH(;:~", ...' ~ .........;?1':: ';, I 0.... ....~ ~ .. ~ . . ....- :1-: * "--': :-: :tT\: -0. .~. - . . . :. ~ : .: ':. e. ..O)~ ~... .... .....{ " ........ ..... " *" " "" * * \\\' ""1'''11 "", PASSED AND APPROVED on the 2nd reading the 20th day of September, 2005. ~~, =--- ATTEST: "",'''1''"", ~ --- oUTI1 "" ;1 , a ...",,!( s........~f:"'o:. '/), J 0... ... ~ 0:. ~ ~~l * ..:'~ CITY SECRETARY :: !::: :t;;: -0. .x- : ~ .~: :. .. .:CI)~ -:. e. .0 ~ -:, eo .0 ~ ..., ......... ~ ',~..... ...,'" '" ....-** \\' 'II,,, ,.... ,.", 480-BBB ,_..- ""_....,~,.,..,,"'-".......,,"--""_._.._"'._.~.~-------._.,-...__.--..._-