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FINAL AgendaRegular City Council Meeting July 1, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 p.m. 1. Call to order. 2. Invocation: Toby Wilson, Chaplain of the Month 3. Oaths of Office for Place 1 and Place 6 and reception following 4. Southlake Warrant Round-Up 5. Neighborhood Sewer Program presentation 6. Discuss all items on tonight’s meeting agenda. REGULAR SESSION: 1. Call to order. 2A. Executive Session. 2B. Reconvene / Action necessary from Executive Session. 3A. Mayor’s Report 3B. City Manager’s Report 3C. Local Business Report CONSENT AGENDA: 4A. Approve the minutes from the June 17, 2008, regular City Council meeting and the June 23, 2008 City Council June Retreat. 4B. Ordinance No. 480-UUU, 1st Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to fencing and screening regulations. 4C. Ordinance No. 480-VVV, 1st Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections. 4D. Ordinance No. 483-N, 1st Reading, An amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to completeness determination procedures and clarification of the official filing date of an application for approval of a plat. 4E. Resolution No. 08-026, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tem. REGULAR AGENDA: 5. Public Forum. 6A. Ordinance No. 480-563, 2nd Reading (ZA08-037), Zoning Change and Concept Plan for Lot 28, F. Throop No. 1511 Addition at 1780 N. Kimball Ave. on Tract 1D, Francis Throop Survey, Abstract No. 1511, Current Zoning: AG. Requested Zoning: SF-30. SPIN #5. PUBLIC HEARING 6B. ZA08-039, Site Plan for Lot 4, Block 2R1, Southlake Town Square located at 1240 Main Street. Current Zoning: DT. SPIN #8. PUBLIC HEARING 6C. ZA08-040, Plat Revision for Lots 4R and 5, (formerly represented as Lots 1-5), Block 2R1 (formerly represented as Block 2R2), Southlake Town Square Addition; being a revision of Lot 4, Block 2R1, Southlake Town Square Addition at 1240 Main St. Current Zoning: DT. SPIN #8. 6D. Resolution No. 08-027 (ZA08-035), Specific Use Permit for Gateway Church – Fall Festival on Lot 1, Block 1, Carroll ISD No. 6 Addition at 1085 S. Kimball Ave. Current Zoning: S-P-1. SPIN #7. PUBLIC HEARING 7A. Ordinance No. 480-562, 1st Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices on Tracts 4C1A and 4C2B, Les Ex, A.H. Chivers Survey, Abstract No. 299 at 630 E. S.H. 114. Current Zoning: AG. Requested Zoning: S-P-1. SPIN #5. 7B. Ordinance No. 480-328A, 1st Reading (ZA08-043), Zoning Change and Site Plan for Countryside Bible Church on Lot 2R, Block A, Ravenaux Village Addition at 250 Countryside Ct. Current Zoning: S-P-1 with CS uses. Requested Zoning: S-P-1 with CS uses. SPIN #11. 8. There are no items on this agenda. 9A. Approve renewal of solid waste services contract with Republic Waste Services including proposed amendments. 9B. Consider SP08-144, Variance to Sign Ordinance No. 704-C for a temporary sign for Carillon Office Development at the 200 block of E. S.H. 114. 9C. Consider SP08-126, Variance to Sign Ordinance No. 704-C for the George Group at 430 N. Carroll Ave., Ste. 110. 10. There are no items on this agenda. 11. Meeting adjourned. Item 4B 1st reading for Ordinance No. 480-UUU Amendments to Zoning Ordinance No. 480 related to fencing and screening Amendment Summary Change references to “Section 39 Screening” in Sections 37, 43, 47 and 49 to “Section 39 Screening and Fencing” P&Z Action June 19, 2008; Approved (4-0) subject to changing “wood fence” in Section 42.7 to “opaque fence meeting the material requirements in Section 39.2.b” and adding “ornamental metal” in Sections 39.2.b, 39.5.d.4 and 39.6.g.1. Changes that were recommended by P&Z are highlighted in orange on the following slides. Section 33.2 - Fences Moved to Section 39.1 33.2 FENCES - Except as otherwise provided in this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard as a screening, decorative or containment element not to exceed eight (8) feet in height, provided the following shall be observed: (As amended by Ordinance No. 480-C.) a. At Intersections - On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow except in accordance with the site triangle provision as defined in the Subdivision Ordinance No. 483 as now existing or hereafter amended. (As amended by Ordinance No. 480-C.) b. At Interior Lots - On an interior lot in any district nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property. (As amended by Ordinance No. 480-C.) Section 33.3 – Use of Barbed Wire or Electric Fences Moved to Section 39.2 Fencing Standards 33.3 USE OF BARBED WIRE OR ELECTRIC FENCES a. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities; provided, however, no barbed wire fence shall be located on any platted property which is zoned for single family residential use. b. Electric Fences ‑ Electric fences and fence charging devices (UL approved only) are allowed only in conjunction with agricultural and related activities for the purposes of containing horses and livestock, or for the security of crops grown on the premises, and shall be plainly labeled for ease of identification. Section 42.7 - Required Structures in Bufferyards Original a. Walls and Fences: Whenever a wall or fence is required within a bufferyard, it shall be six feet (6') in height and constructed in accordance with the specifications and designs set forth in Illustration B, "Illustration of Required Structures" attached to this section. A"finished" side of a wall or fence shall face the residential or less intense use. Revision a. Fences- F1: An 8’ opaque fence meeting the material requirements in Section 39.2b. b. Masonry Wall – F2: An 8’ masonry wall meeting the material requirements in Section 39.2b. (Removed Illustration B) Section 39 – Screening and Fencing REVISIONS 39.1 Moved subsections 33.2 and 33.3 from Supplementary District Regs 39.2 Added subsection on fencing standards 39.4 Added subsection on bufferyards 39.5 Added subsection on fencing along arterials and collectors adjacent to residential districts 39.6 Added subsection on fencing along arterials and collectors adjacent to non-residential districts and changed requirements for screening where a non-residential use abuts a residential use to require “a solid fence meeting the material standards of Section 39.2(b)” 39.7 Changed subsection name to Outdoor Storage Screening 39.8 Added subsection of Fence Maintenance Requirements Section 39.2 (a) Fencing Standards 39.2 FENCING STANDARDS a. Fencing, as herein referred, shall mean any construction or hedge greater than thirty (30) inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and retaining walls for the purpose of retaining soil are not classified as a fence. Added definition from Section 4 - Definitions Section 39.2 (b) Fencing Standards b. Acceptable materials for fencing and decorative posts include but are not limited to: brick, stone, masonry; synthetic materials; natural and treated woods; ornamental metal or wrought iron; decorative aluminum or metal having a factory applied non-metallic matte finish, and chain link. 1. PVC and other synthetic materials used for both residential and commercial fencing applications shall meet the minimum quality standards set forth in the ordinance. 2. Chain link shall only be permitted in I-1, I-2, and B-2 zoning districts. 3. Corrugated metal panels or materials having similar properties shall not be permitted. Added acceptable materials Subsections C and D moved from Section 33.2 Section 39.4 Bufferyards a. Walls and Fences within Bufferyards – Whenever a wall or fence is required within a bufferyard, it shall be eight feet (8’) in height and constructed in accordance with the specifications and designs set forth in Section 42.7a. A “finished” side of a wall or fence shall face the residential or less intense use. Added subsection reference to Section 42.7 Sections 39.5 and 39.6 Residential and Non-Residential Districts The fence shall be constructed of one of the following: Masonry Ornamental metal or wrought iron stained cedar board-on-board with cap and masonry columns with a maximum of 14 feet from column center to column center, or some combination of the above, if approved by the Administrative Official. Added standards for fences adjacent to arterials and collectors that are not covered in the Corridor Overlay Regulations Sections 39.5 and 39.6 Residential and Non-Residential Districts 2) For platted subdivisions, the fence shall be consistent in material and color for the entire length of the fence that is adjacent to the subdivision. Section 39.6 Non-Residential Uses Abutting Residential Uses Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a solid fence meeting the material standards of Section 39.2(b) shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Section 39.8 Fence Maintenance Requirements 39.8 FENCE MAINTENANCE REQUIREMENTS - A fence or fences shall be maintained by the owner of the property in compliance with the requirements of this section including but not limited to the following maintenance standards: (As amended by Ordinance 480-UUU.) Section 39.8 (a) Fence Maintenance Requirements A fence more than four (4) feet in height shall not be out of vertical alignment more than one (1) foot from the vertical measured at the top of the fence. A fence four (4) feet or less in height shall not be more than six (6) inches from the vertical measured at the top of the fence. Section 39.8 (b) Fence Maintenance Requirements The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days upon receipt of notice from the City with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. The Administrative Official may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The Administrative Official shall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the Administrative Official a written scope and schedule detailing materials and estimated time period of the completed replacement for approval. Section 39.8 (c) Fence Maintenance Requirements A fence not required by a specific order of the City Council, by city ordinance, or by building code, may be completely removed within the 10 day period rather than repaired. Section 39.8 (d) Fence Maintenance Requirements A fence shall be maintained in sound structural condition. Section 39.8 (e) Fence Maintenance Requirements The property owner shall maintain fences, including those existing prior to the adoption of this section, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. Section 39.8 (f) Fence Maintenance Requirements Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces that are covered with paint to prevent rusting, peeling or blistering surfaces. Section 39.8 (g) Fence Maintenance Requirements Property owners shall remove graffiti, writings and other symbols on a fence except for those which are permitted as signs under Sign Ordinance 704, as amended. Example of a symbol allowed on a fence. Section 39.8 (h) Fence Maintenance Requirements Existing fences that were constructed prior to the adoption of this section that were constructed with materials not currently permitted by this section may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Official determines the existing fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this section or removed. The repairs must be made in complete sections extending a minimum of support post to support post. If the Administrative Official determines the extent of repair on any existing fence (materials in non-compliance) is in excess of fifty (50) percent of the linear length of the total fence or more than a combined 100 linear feet then the entire fence must be replaced with materials approved by this section. Section 39.8 (i) Fence Maintenance Requirements The construction of a fence or wall on the property line shall not preclude the property owner’s responsibility to maintain and keep the area defined between the property line to the back of curb or edge of the pavement free and clear of debris and high weeds. Questions? Item 4C 480-VVV Miscellaneous Amendments to Zoning Ordinance No. 480 Amendment Summary Section 11 – SF-1A District 40% 20% REVISION 14.5(e) Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty thirty percent (20% 30%) of the lot area, including all principal and accessory structures. (As amended by Ordinance No. 480-QQQ.) IMPACT Increases lowest maximum lot coverage (43,460 sf lot) from 8,712 sf to 13,068 sf. ’ ’ PURPOSE High demand of lot coverage due to increased construction of outdoor living areas and larger custom homes 30% Section 14 – SF-20A District 30% 40% REVISION 14.5(e) Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding thirty forty percent (30% 40%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. (As amended by Ordinance No. 480-C.) IMPACT Increases lowest maximum lot coverage (20,000 sf lot) from 6,000 sf to 8,000 sf. ’ PURPOSE High demand of lot coverage due to increased construction of outdoor living areas and larger custom homes Section 30 – PUD District REVISION 30.5 DEVELOPMENT REGULATIONS Remove the phrase “In any residential PUD, all buildings and structures shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed six hundred (600) square feet.” PURPOSE Language conflicts with the development regulations of some base zoning districts (i.e. “SF-1A,” “SF-30,” etc.). IMPACT Maximum lot coverage and accessory building square footage will default to the PUD’s adopted base zoning district unless otherwise specified in the PUD’s development regulations. Section 30 – PUD District REVISION 30.1 PURPOSE AND INTENT 30.9(C) DEVELOPMENT PLAN Remove references to mixed use developments. PURPOSE Ordinance 480-RR disallowed the mixing of residential and non-residential uses within a single PUD and created the “R-PUD” and “NR-PUD” designations. Section 33 Supplementary District Regulations REVISION 33.14 HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on-premise septic tank and subsurface drainage field on-site sewage facility (OSSF) designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on-premise septic tank and subsurface drainage field on-site sewage facility (OSSF) is to be employed, the minimum lot size must be one acre per family, residence or commercial structure, with a minimum usable area of at least one acre, and the use must be approved by the City Council of the City of Southlake. PURPOSE Modernization of terms to align with industry standards and to allow for aerobic septic systems. IMPACT Clarity Section 34 – Accessory Uses REVISION 34.1(a) – Accessory buildings permitted by right as an accessory use in residential districts only (deleting all non-residential districts). 34.1(x)2 – Clarification on permitted location/placement of noncommercial radio transmission antennas 34.1(ee) – Revise language of “Sale of alcoholic beverages” as an accessory use PURPOSE Desire to regulate accessory buildings on non-residential property through the Specific Use Permit (SUP) approval process. Allow sale of alcoholic beverages in more than just restaurant uses. IMPACT Specific Use Permit required to come before P&Z and City Council for approval of accessory buildings in non-residential zoning districts Section 34 – Accessory Uses REVISION 34.2(b) -- No accessory building shall be erected within ten feet (10') of any other building, except that detached residential garages may be located not closer than five feet (5') to the main dwelling. Separation requirements between accessory and principal buildings shall be determined by the most recently adopted International Residential Code (IRC). PURPOSE IRC incorporates more specific requirements for building separation; Plans Examiners in Building Inspections review all building setbacks; and this would allow for shade structures (cabanas, arbors, etc.) to be detached from the home but still within 10’. IMPACT Fewer ZBA variance cases, greater flexibility for homeowners and home builders, elimination of duplication Section 35 – Off-street Parking REVISION 35.10 PARKING AND STORAGE OF VEHICLES: GENERAL d. Required off‑street parking and loading spaces shall be located on the same lot with the building or use served, except as otherwise allowed in Section 38.2 35.2 of this ordinance. h. This Section 35.10 does not apply to car dealerships or to businesses where vehicles are for sale, rent, or lease and are permitted by provisions of this ordinance. Regulations for such items are found in Section 38 of this ordinance. PURPOSE Section 38 (Outside Storage) was repealed. IMPACT Clarity Section 37 – DT District REVISION 37.2 SCHEDULE OF USES PURPOSE / IMPACT Allow sale of alcoholic beverages as a permitted use by right and require SUP approval of an accessory building. * Refer to Section 45.16 for Accessory Building regulations Section 40 – Site Plan LEGEND Existing Trees 4” Lacebark Elm 4” Shumard Oak 4” Chinese Pistache 4” Burr Oak Crape Myrtle Wax Myrtle Cluster * Not inclusive of all shrubs proposed Section 40 – Site Plan Section 42 – Bufferyards REVISION 42.5 REQUIREMENTS OF PLANT MATERIALS – Remove list of recommended plant materials and instead refer to Landscape Ordinance 544. PURPOSE Inconsistencies between the two lists and the Landscape Ordinance list is more comprehensive IMPACT Reduce duplication and expand list of recommended bufferyard plant materials. Section 45 – Specific Use Permits Require Specific Use Permit (SUP) for accessory buildings on properties zoned for non-residential, to meet the following criteria: The following regulations shall govern the location and use of any accessory building requiring a Specific Use Permit: a. Accessory buildings shall be required a permanent foundation, shall be located no closer than ten feet (10') to a property line, and shall be located in the rear yard. b. Separation requirements between accessory and principal buildings shall be determined by the most recently adopted International Building Code (IBC). c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. Section 45 – Specific Use Permits Accessory buildings shall be used only in compliance with individual district regulations. Accessory buildings shall not exceed one story or fourteen feet (14') in height. No accessory building shall be located forward of the principal building on the lot. All accessory structures requiring a Specific Use Permit shall meet the requirements set forth in Masonry Ordinance No. 557-A, as amended. Masonry material used shall match the masonry material of the principal structure on the lot. Roof (design, pitch, and materials) to be the same type as the principal structure roof. Section 47 – TZD District Section 49 – ECZ District REVISION 47.8 & 49.8 APPLICATIONS AND DEVELOPMENT REVIEW PROCESS – Revise language and clarify site plan review process. PURPOSE If interpreted literally, each site plan submittal following an approved Development Plan or Concept Plan would be considered a change in zoning; which is not the intent of the Site Plan review process. IMPACT Clarity and consistency. Section 47 – TZD District Section 49 – ECZ District REVISION PURPOSE/IMPACT Consistency within the ordinance regarding accessory buildings and the sale of alcohol. Questions? Item 4D Ordinance No. 483-N Amendment to the Subdivision Ordinance No. 483, as amended The purpose of this request is to bring the City‘s ordinance up to date with State statutes regarding vested rights for the purpose of determining the development regulations a property will be subject to. This amendment adds definitions for: Clean Review Plan for Development Vested Right Establishes procedures for determining completeness of an application for platting or development; Clarifies the official filing date of an application. Questions?