Item 6B
P&DSD
LANNING EVELOPMENT ERVICES EPARTMENT
1400MS,S310,S,TX76092
AIN TREET UITE OUTHLAKE
www.cityofsouthlake.com
M E M O R A N D U M
April 30, 2008
TO:
Southlake City Council
FROM:
Ken Baker, AICP, Planning & Development Services Director
SUBJECT
: Ordinance No. 480-SSS, an amendment to the City’s Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains 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.
Purpose:
The purpose of Ordinance No. 480-SSS is to provide for a public
hearing process for site plan review and create development
standards for non-residential developments that do not currently
fall under the provisions of the Corridor Overlay Zone and/or
Residential Adjacency Standards.
Applicability:
There are approximately 730 acres within Southlake that are
exempt from both the Corridor Overlay Zone and Residential
Adjacency Standards—or 5.6% of the city’s 22 square miles.
These areas are shown on the map entitled “Applicability of
Ordinance 480-SSS,” included as Attachment A of this report.
Of the 730 acres affected by this ordinance, the Southlake 2025
Future Land Use Plan designates 349 acres (48%) as “Industrial.”
All of these 349 acres are located in the southeast quadrant of the
City, along SH 26, E. Continental Boulevard, S. Kimball Avenue,
and in the area south of FM1709 adjacent to Grapevine (See
Attachment A).
The “Mixed Use” land use designation makes up 242 of the 730
affected acres (or 33%). This area is spread throughout the City,
but a considerable portion of it (192 acres) is the Hines (formerly
known as Aventerra) and Gateway Church projects.
The chart below represents the future land use designations of the
730 acres affected by Ordinance No. 480-SSS.
Methodology:
Because the desired outcome for this ordinance was a set of
development standards similar to those in the Corridor Overlay
Zone and Residential Adjacency Standards, staff used the
Corridor Overlay Zone as a template and made changes that fit
the objective of the new overlay.
Staff met with members of the development community to receive
additional input following the presentation of the first draft of
Ordinance No. 480-SSS to P&Z on February 6. Attachment D
shows the revisions made to that first draft as a result of those
meetings as well as review by the City Attorney.
One major change to the ordinance is the applicability of the
development standards to a corridor overlay on certain smaller
collector and arterial streets in Southlake. Where a Council-
approved site plan will be required city-wide, the development
standards proposed by this ordinance would apply to only those
properties lying within 200-feet of the rights-of-way of the following
thoroughfares:
Nolen Drive
Peytonville Avenue
Highland Street
Carroll Avenue
White Chapel Boulevard
Brumlow Avenue
Continental Boulevard
Kimball Avenue
Attachment A also provides an exhibit showing which properties
these development standards would apply (indicated in red).
Attachment B summarizes some of the major differences and
similarities between the Corridor Overlay Zone and the proposed
Non-Residential Development Overlay.
SPIN:
On January 28, 2008, staff held a citywide SPIN meeting in
Southlake Town Hall to present this item and receive feedback
from residents, developers, and other interested individuals.
About ten individuals attended the meeting.
Some members of the development community expressed
concern for the additional restrictions proposed by this ordinance,
the practicality of its application, and the issues with higher rents
and competition with other industrial areas in the metroplex.
Discussion centered especially on the southeastern industrial
areas.
There was also some discussion and debate about whether S.
Kimball Avenue should be considered a “major entry portal” to
Southlake. It was generally agreed that the oil/gas tank farm will
not leave the area and that any new development would have to
take that into consideration.
Some individuals proclaimed that this ordinance is long overdue
and brings these areas more in line with the quality of Southlake
development.
Action Requested:
1. Conduct a public hearing
2. Consider second reading for Ordinance No. 480-SSS
P&Z Action:
February 7, 2008; Approved to table to March 6, 2008.
April 3, 2008; Approved (5-1); subject to Staff memorandum of
March 28, 2008, and recommending that staff report on the
ingress/egress limitations of Mustang Drive access to city’s
southern border along State Highway 26.
Council Action
: April 15, 2008; Approved first reading on Consent (6-0)
Attachments:
Attachment A – Map of 480-SSS Applicability
Attachment B – Summary of Similarities / Differences Between
Corridor Overlay Zone and 480-SSS
Attachment C – Draft Ordinance No. 480-SSS
Attachment D – Ordinance 480-SSS showing revisions made
since Planning & Zoning Commission meeting of
February 7
Link to PowerPoint Presentation
Attachment A
Map of 480-SSS Applicability
Attachment A
Map of 480-SSS Applicability
Corridor Overlay Zone 480-SSS
City Council-approved Site Plan
Same
Required
Same; All facades (not limited to
Masonry Requirement: All facades
low Avenue, Continental Boulevard, and Kimball Avenue.
visibility from ROW)
visible from ROW must meet Ord. 557,
way of Nolen Drive, Peytonville Avenue,
excluding cement & concrete tilt wall.
Cement & concrete tilt wall permitted
Standard concrete block limited to 10%
in I-1, I-2 and S-P-1 and S-P-2 with I-1
of any facade
and/or I-2 uses.
Roof Design Standard: Buildings less
that 6,000 sq. ft. in size must have Removed
pitched roof
No mechanical equipment (HVAC, etc.)
Same
shall be visible from ROW
Horizontal Articulation not applicable
Facade Articulation: All facades visible
to I-1, I-2, SP1 and SP2 with I-1 or I-2
from ROW must meet certain articulation
uses. Vertical Articulation remains the
standards
same.
-
of
Reflective Glass: No more than 50% of
-
Same
Development Standards apply to properties within 200 feet of the rights
any facade may be reflective glass
Ancillary Outdoor Storage: Shall be
indicated on Council-approved site plan;
Highland Street, Carroll Avenue, White Chapel Boulevard, Brum
Same
Shall be to the side or rear of the
building; 8’ masonry wall required, etc.
Primary Outdoor Storage: Shall be
indicated on Council-approved site plan;
Same
shall be to the side or rear of the
building; 8’ masonry wall, etc.
Building Setback greater along corridors Removed; building setback per zoning
Same; except 8’ solid screen is required
to screen 60% of loading docks/spaces
Loading & Service Areas are required to
be located at the side or rear of the
Where a property has multiple buildings,
building. A 10’ solid screening wall is
buildings interior to the development may
required to screen entire loading
have loading & service areas on any side,
docks/spaces.
provided that at least 60% is screened.
Trash & Recycling Enclosures shall be to
the side or rear of the building and shall Same
be 4-sided 8’ solid masonry screen
Larger and more intense Bufferyards
Removed; bufferyards per Section 42
required along corridor ROW.
Variances allowed to applicable section
as well as required number of off-Street Same
parking spaces
Attachment B
Summary of Similarities
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:
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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 O-1, O-2, C-1, C-2, C-3, C-4, B-1,
B-2, I-1, I-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
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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 I-1, I-2, or S-P-1 or S-P-
2 with I-1 or I-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. (As
amended by Ordinance 480-PPP)
(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
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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 façade 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 I1, I2, and/or SP1 and SP2 zoning
with I1 and I2 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 43.19.d 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 I-1, I-2, or S-P-1 or
S-P-2 with I-1 and/or I-2 uses are exempt from this
requirement.
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
(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
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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 ROW For every
additional fifty feet (50') of bufferyard width, the required
number of plantings shall increase by twenty-five percent
(25%) of the required number.
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
(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.
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
(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.
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
(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 III 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.
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
(e) General construction activities are not subject to the
regulations in Section 43.19.c.5.
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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,
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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.
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
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 ___ day of _________, 2008.
_____________________________
MAYOR
ATTEST:
_____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of _____, 2008.
_____________________________
MAYOR
ATTEST:
_____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
ATTACHMENT C
DRAFT ORDINANCE 480-SSS
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups
Attachment D
480-SSS DRAFT with mark-ups