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Item 7B and 7CCity of Southlake, Texas MEMORANDUM October 11, 2006 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Planning Director Subject: Ordinances 480 -NNN and 483 -K; proposed amendments to the Comprehensive Zoning Ordinance 480 and Subdivision Ordinance 483. Action Requested: Conduct a public hearing on proposed Ordinances 480 -NNN and 483 -K; and Consider Ordinances 480 -NNN and 483 -K Background Information: Based on discussions with the Planning and Zoning Commission and City Council, staff is proposing several amendments to the Zoning and Subdivision ordinances. City Council approved (6 -0) the fast reading of the proposed amendments at the September 5, City Council meeting. In addition, City Council approved the related Ordinance 480 -MM1\4 on September 19, 2006. Ordinances 480 -NNN and 483 -K include the following amendments: 480 -NNN (Attachment 1) Ordinance 480 -NNN, an amendment to Comprehensive Zoning Ordinance 480, pertains to sidewalk requirements and miscellaneous amendments to Sections 7, 33, 42, 44, and 45. 1. Section 7, General District Regulations • Addition of the newly created SF -2, RCS, TZD, and EC zoning districts to the list of zoning districts 2. Section 11, SF -lA District; 3. Section 13, SF -30 District; 4. Section 14, SF -20A District; 5. Section 29, MH District; and 6. Section 50 SF -2 District (proposed) • Clarifying that open space lots shall be the only exception to the lot area requirements in each respective district 7. Section 33, Supplementary District Regulations • Addition of requirements for sidewalks for all development requiring Council approved site plans 8. Section 42, Bufferyards • Addition of the newly created RCS and SF -2 districts to the bufferyard table (Table One) 9. Sections 44 and 45 • Addition of the newly created SF -2, RCS, TZD, and EC zoning districts under the appropriate Special Exception uses and Specific uses Financial Considerations: P & Z Review: Legal Review: Supporting Documents: 483 -K (Attachment 2) Ordinance 483 -K, an amendment to the Subdivision Ordinance, pertains to sidewalk requirements in Article V, Section 5.06: 1. Section 5.06 Sidewalks • Clarification of non - residential sidewalk requirements 2. Section 4.01 (F) General Provisions — Developer's Agreement • Providing for City approval of standards developer's agreements None August 17, 2006 Recommended Approval (6 -0) Yes Attachment 1 — Ordinance 480 -NNN and Attachment 2 — Ordinance 483 -K Staff Contact: Ken Baker, 748 -8067 Attachment 1 ORDINANCE 480 -NNN Section 7 Section 11 Section 13 Section 14 Section 29 Section 50 (proposed) Section 33 Section 42 (Table One) Section 44 and Section 45 ORDINANCE NO. 480 -NNN AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 7, GENERAL DISTRICT REGULATIONS, TO AMEND THE LIST OF ZONING DISTRICTS; AMENDING SECTIONS 11, 13, 14, 29, AND 50, CLARIFYING THE LOT AREA REQUIREMENTS FOR OPEN SPACE LOTS; AMENDING SECTION 33, SUPPLEMENTARY DISTRICT REGULATIONS, TO ADD SIDEWALK REQUIREMENTS FOR COMMERCIAL DEVELOPMENT; AMENDING SECTION 42, BUFFERYARDS, TO ADD THE NEW ZONING DISTRICTS TO THE BUFFERYARD TABLE; AMENDING SECTION 44, BOARD OF ADJUSTMENT, TO AMEND THE SPECIAL EXCEPTION USE TABLE; AND AMENDING SECTION 45, SPECIFIC USE PERMITS, TO AMEND THE SPECIFIC USE PERMITS TABLE; 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 Planning and Zoning commission and City Council have given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 7, "General District Regulations," w hich shall now read as follows: 7.1 DISTRICTS - In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereinafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Southlake is hereby divided into thirty(30) zoning districts to be known as follows: 1. CS Community Service District or District "CS" 2. AG Agricultural District or District "AG" 3. RE Single Family Residential Estate District or District "RE" 4. SF-IA Single Family Residential District or District "SF-IA" 5. SF -1B Single Family Residential District or District "SF -1B" 6. SF -30 Single Family Residential District or District "SF -30" 7. SF -20A Single Family Residential District or District "SF -20A" 8. SF -20B Single Family Residential District or District "SF -20B" 9. NW-1 Two Family Residential District or District " 11 10. MF -2 Multiple Family Residential District or District "NW-2" 11. O -1 Office District or District "O -1" 12. 0-2 Office District or District "0-2" 13. C -1 Neighborhood Commercial District or District "C -1" 14. C -2 Local Retail Commercial District or District "C -2" 15. C -3 General Commercial District or District "C - 3 " 16. C -4 Arterial Mall Commercial District or District "C -4" 17. B -1 Business Service Park District or District "B -1" 18. B -2 Commercial Manufacturing District or District "B -2" 19. I -1 Liaht Industrial District or District 1 -1" 20. I -2 Heavy Industrial District or District "I -2" 21. HC Hotel District or District "HC" 22. MH Manufactured Housing District or District "NM" 23. PUD Planned Unit Development District or District "PUD" 24. S -P -1 (Detailed) Site Plan District or District "S -P -1" 25. S -P -2 (Generalized) Site Plan District or District "S -P -2" 26. DT Downtown District "DT" 27. TZD Transition Zoning District "TZD" 28. RCS Rural Conservation Subdivision Zoning District "RCS" 29. EC Employment Center Zoning District "EC" 30. SF -2 Single Familv Residential District or District "SF -2" .- - - Formatted: Bullets and Numbering .- - - Formatted: Bullets and Numbering t- - - Formatted: Bullets and Numbering .- - - Formatted: Bullets and Numbering .- - - Formatted: Bullets and Numbering The tenn "more restricted district" means one with fewer permitted uses, and the term "less restricted district" means one with more permitted uses. SECTION 2 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is -- - - Formatted: indent: First line: o.s" hereby amended by the amendment of Section 11, "SF-IA Single - Family Residential District," subsection 11.5 (f) to read as follows: Lot Area: The minimum area of a lot shall be forty three thousand five hundred sixty (43,560) square feet except that no minimum area shall be required for - au _ - Formatted: Font: (Default) Times New Roman open space lot designated in a City Council approved concept or development plan SECTION 3 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: o.s" hereby amended by the amendment of Section 13, "SF -30 Single - Family Residential District," subsection 13.5 (f) to read as follows: Lot Area: The minimum area of a lot shall be thirty thousand (30,000) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan SECTION 4 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: 0.5" hereby amended by the amendment of Section 14, "SF -20A Single - Family Residential District," subsection 14.5 (f) to read as follows: Lot Area: The minim area of a lot shall be twenty thousand (20,000) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan SECTION i Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: 0.5" hereby amended by the amendment of Section 29, "MH — Manufactured Housing District," subsection 29.6 (f) to read as follows: Lot Area: The minim area of a lot shall be twenty thousand (20,000) square feet except that no minimum area shall be required for any pen space lot designated in a City Council approved concept or development plan The minim lot area set forth above shall not apply to any unplatted tract, deeded and tiled of record prior to January 1, 2000. Subsequent to the enactment of this ordinance, no property in the MH zoning district may be subdivided or re- subdivided to a lot or tract size less than the smaller of 20,000 square feet or the size of the tract as it existed on January 1, 2000, with the exception of deviations authorized below: Deviations from deeded tract boundaries may be authorized by the City Council with plat approval. When preparing a plat for the subdivision or re- subdivision of unplatted tracts in the "MH" - Manufactured Housing district, the subdivider is encouraged to formalize pre - existing tract patterns into lots. In an effort to establish a consistent and cohesive lot pattern, limited deviations from the pre- existing tract area boundaries may be permitted due to irregularity in tract ownership and development. Any such allowance shall not result in an increase in the total number of tracts /lots unless authorized by City Council. Any changes from the pre- existing tract layout shall be firmly based on promoting a regular lot pattern that is in keeping with the characteristics for that particular neighborhood. SECTION 6 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is .- - - Formatted: indent: First line: 0.5" hereby amended by the amendment of Section 50, "SF -2 Single - Family Residential District," subsection 50.5 (t) to read as follows: Lot Area: The minimum area of a lot shall be two (2) acres or eighty seven thousand and one hundred and twenty (87,120) square feet except that no minimum area shall be required for any pen space lot designated in a City Council approved concept or development plan SECTION 7 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is .- - - Formatted: indent: First line: 0.5" hereby amended by the amendment of Section 33, "Supplementary District Regulations," by adding subsection 33.19 to read as follows: 33.19 SIDEWALK REOUIREMENTS —For all development reouirina a Citv Council approved site plan, a five (5) -foot wide concrete sidewalk shall be provided along all public streets unless identified in the city's Pathways Plan in which case Ordinance 483, Section 5.06 shall apply. In addition, all non - residential development shall provide pedestrian access to the City's existing or future trail system as identified in any City Council adopted plan. SECTION 8 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: o.s" hereby amended by the amendment of Section 42, `Bufferyards," Table One to read as follows: TABLE ONE BUFFERYARD ADJACENT TO PLATTED AND /OR ZONED PROPERTY (As amended by Ord. 480 -E.) This table shall be used to determine the bufferyard requirements adjacent to tracts which are platted and zoned, and for tracts that only have zoning. ZONING OF ADJACENT PROPERTY Developing Tract ZONE G AG CS RE RCS SF1A SF1B SF SF30 SF20A SF20B W1 MF2 01 02 C -1 C -2 C -3 C -4 B -1 B -2 I1 L' MH HC AG TBL3 * * + * + + * * > * * * > * * * * * + + + CS TBL3 * C C C C C B B B A A A A A A A A A A * * * A RE TBL3 RCS TBL3 SFl TBL3 * * * * * * * * * * * SME TBL3 * x + + + + + + + + * * * * * * * + * + SF -2 TBL3 SF30 TBL3 SF20 TBL3 SF20 I TBL3 MF1 TBL3 A F1 F1 F1 F1 F1 F1 F1 F1 A A A A A A A A A A * * A B MF2 TBL3 A F1 F1 F1 F1 F1 F1 F1 F1 A A A A A A A A A A * * A B 01 TBL3 A B B F1 F1 F1 F1 F1 F1 A A A A A A A A A A B A 02 TBL3 A C C F1 F1 F1 F1 F1 F1 A A A A A A A A A A * * B A C -1 TBL3 A B B F1 F1 F1 F1 F1 F1 B B B B A A A A A A * * F1 A C -2 TBL3 A B B F1 F1 F1 Fl F1 F1 B B B B A A A A A A * * F1 A C -3 TBL3 B C C F1 F1 F1 F1 F1 F1 C C C C A A A A A A * * F1 B C -4 TBL3 B C C F1 F1 F1 F1 F1 F1 C C C C A A A A A A * * F1 B B -1 TBL3 C C C F1 F1 F1 F1 F1 F1 F1 F1 D D B B B B A A * * F1 B B -2 I TBL3 C C C F1 F1 F1 F1 F1 F1 F1 F1 D D B B B B A A * * F1 B I -1 TBL3 D D D F2 F2 F2 F2 F2 F2 F1 F1 F1 F1 F1 F1 F1 F1 F1 D A A F1 D I -2 TBL3 D D D F2 F2 F2 F2 F2 F2 F1 F1 F1 F1 F1 F1 F1 F1 F1 D A A F1 D MH MU C D D F1 F1 F1 F1 F1 F1 D D D D A A A A A A * * * D HC TBL3 B D D D D D D C C C C B B A A A A A A * * * A Formatted Table Formatted: Centered Formatted: Centered * No bufferyard required. In PUD, SP and SP2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining the required bufferyard. SECTION 9 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: 0.5° hereby amended by the amendment of Section 44, "Board of Adjustment," by amending the table under subsection 44.12 to read as follows: SPECIAL EXCEPTION USE District Where Permitted 1. Servants or family quarters for domestic servants employed on the premises or family AG, RE, RCS SF -IA, members of the owner of the premises and shall not be rented or otherwise used as a SF -113, SF -2, SF -30, separate domicile provided the gross inhabitable square footage of the floor area shall not DT* exceed one thousand (1,000) square feet. Such quarters may be housed within the principal CONCEPT PLAN residential dwelling, above a residential garage, or be part of an accessory building on the REQUIRED same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. 2. Temporary real estate sales office, including manufactured housing, to be located on ALL property being sold for a period of sale exceeding two (2) years. CONCEPT PLAN REQUIRED 3. The construction of accessory buildings or structures of a size or aggregate size greater than AG, MF -1, MF -2, SF- that permitted under the accessory building requirements of the zoning district in which the lA SF-113, SF -30, property lies. SF -20A SF -20B, MIL DT* PLOT PLAN REQUIRED 4. Accessory buildings located in the front yard. SF -IA, SF-113 and RE PLOT PLAN REQUIRED 5. In -home day care per state regulations. RE, RCS, SF -IA, SF- 113, SF -2 SF -30, SF- 20A SF -2013, MIL DT * , TZD *, EC* PLOT PLAN REQUIRED 6. In -home swimming lessons. RE, RCS, SF -2, SF- I!\, SF -113, SF -30, SF -20A and SF -2013, MH PLOT PLAN REQUIRED * Shall apply only to approved single - family residential uses in the DT zone *Shall apply only to approved single - family residential uses in the DT TZD, and EC zones 10 7. Portable buildings not otherwise permitted under this ordinance, subject to the following All except RE, SF -1A, requirements: (As amended by Ord. 480 -J) SF -IB, SF -2, SF -30, SF -20A, SF -2013, a. Approval of a portable building shall be on a temporary basis only. Any permit granted MR -1, MF -2, MIL hereunder shall be for a maximum period of three (3) years subject to renewal for PLOT PLAN additional one (1) year periods. REQUIRED b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or shall meet all requirements of the City's building code. c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. In addition, hard surfaced parking shall be provided for portable buildings. The Board may waive these requirements where it determines that due to the location of the portable building on the premises or due to other unique circumstances, the requirements are not necessary to protect the health, safety and welfare of the public and that they would impose an unnecessary hardship on the applicant. d. Portable buildings shall be maintained in a neat and presentable condition at all times. Upon expiration of the special exception use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The plot plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. 8. The erection and maintenance of noncommercial radio and television transmitting and ALL receiving antennas and satellite dishes in excess of maximum height regulations or PLOT PLAN maximum dish size for this district where such structures are related to principal permitted REQUIRED uses occupying the structures to which they are external to, attached, or affixed. (As amended by Ord. No. 480 -J) (As further amended by Ord. No. 480 -W.) 11 SECTION 10 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 45, "Specific Use Permits," by amending the table under subsection 45.1 to read as follows: SPECIFIC USE DISTRICT WHERE PERMITTED 1. Sale of alcoholic beverages. 0-2, C -1, C -2, C -3, C -4, HC, S -P -1, S -P -2, PUD, DT ** 2. Churches, synagogues, temples and other similar facilities for worship, fellowship and ALL education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. c. Children's nurseries, child day care centers, and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. (As amended by Ord. 480 -F.) 3. Public, semi - public and parochial/ private schools, not including correctional All except B -1, CS, HC, I -1 institutions or trade schools. and I -2 4. Colleges, junior colleges, or other similar institutions of higher learning, whether public All except CS, I -1 and I -2 or private, when located on a site of at least twenty (20) acres, and provided such facilities have direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. 5. Public governmental buildings including community health centers and recreation ALL buildings, libraries, museums, postal stations, and administrative offices of federal or state government. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 12 6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and supportive retail and personal services used, operated by or under the control ofthe hospital primarily for the convenience of patients, staff and visitors when located on a site of not less than five (5) acres. CS, C -1, C -2, DT ** 7. Cemetery Uses. CS a. Application An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings, improvements, utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan - The cemetery shall conform to the following minimum requirements: (1) It shall be located on a well drained site, properly graded to insure rapid draining and freedom from stagnant pools of water. (2) All walkways and driveways within a cemetery shall be all weather, hard - surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a community treatment plant or to a public sewage facility, the occupancy of any building residence or other structure shall be restricted until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. (4) All cemeteries must qualify and be maintained as a perpetual care center as provided in Article 912a, Revised Civil Statutes of Texas, as amended, and any other applicable state laws. (5) The cemetery must comply with all building codes, including but not limited to plumbing, electrical, street, and general codes of the City of Southlake, Texas, or other applicable governmental authority. (6) All use of the surface land or underground, or buildings or structures of any type shall comply with all applicable City, County, State, Federal or other governmental agency requirements as to health, sanitation, ventilation, pollution and associated matters. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 13 c. Location - Any cemetery, or any portion of land designated for the use thereof, shall comply with the following minimum requirements as to location: (1) It shall conform to distance requirements of 912a -24, Revised Civil Statutes of Texas, as amended, and such minimum distances shall be measured from the nearest city limit point of any city or cities (other than the City of Southlake, Texas) to the boundary of said cemetery land nearest to the city limit of the other city by direct line measurement. (2) It shall be located not less than five hundred (500) feet from any residence or structure used for living purposes or any well, creek, lake, tank, reservoir or pond, or other such water source or place of storage, passage, or drainage. d. Parking - All parking shall be off - street parking with an all- weather surface located in the rear or side yard next to buildings. There shall be one (1) parking space for each four (4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and/or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. (2) Any additional fencing, screening, walls, landscaping or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 8. Community centers and service clubs dedicated to social or recreational activities AG, RE, RCS. SF -IA, SF- serving the City or neighborhood thereof. Such buildings and facilities shall be set 2 SF -113, SF -30, SF -20A, back at least thirty (30) feet from all side and rear property lines and forty (40) feet SF -2013, MIL MF -1 and from any street line. The total ground floor area of all such buildings and structures MF -2 shall not cover more than twenty -five (25) percent of the site area devoted to such facilities and activities. 9. Public, semi - public and private golf courses together with related clubhouse, pro -shop AG, I -2 and maintenance/ storage buildings, provided no building is closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right -of -way line. 10. Golf driving range. AG, C -3, C-4,1-1,1-2 11. Outdoor entertainment centers (including ball parks, miniature golf courses, golf C -3, C4, B-2,1-1,1-2, driving ranges, batting cages, carnivals, archery ranges and similar uses). DT ** 12. Athletic stadiums, public or private, when located adjacent to a thoroughfare or AG, RE, SF -IA, SF -113, collector street. SF -30, SF -20A, SF -2013, ME-1 and MF -2 13. Studios designed for the practice, education or training in art, dance, music, drama, C -1 photo, or interior design. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 14 14. The location of day nurseries or similar child care activities, if said activity is clearly C -1 designed to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. 15. Kennels C -3, C -4, B -2, I -1 16. Veterinary clinics for large animal care, to include such restrictions as the City Council 1-1,1-2 deems necessary for protecting adjacent properties from negative environmental impacts. 17. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or AG, I -2 when operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 18. Dude ranches catering to temporary guests housed on the premises. AG 19. Private airfields and aircraft landing area. CS, AG, C -3 20. Airports, aviation field or aircraft landing areas. C -3 21. Helistop. CS, HC, 0 -1, 0 -2, I -1, I -2, B -2 22. Sales and service of new automobiles, trucks, or motorhomes. C -4, I -1 23. Sales and service of used automobiles, trucks, or motorhomes. I -1 24. Temporary concrete batching or transient mix plant exceeding 90 -day approval plus ALL one 30 -day extension. (As amended by Ord. No. 480 -J) PLOT PLAN REQUIRED 25. Petroleum Operations The City Council may grant this use as a specific use permit, I -2 subject to compliance with the following provisions: SITE PLAN REQUIRED a. In granting or denying a use in this category, the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use should be carefully considered in determining whether to grant or deny an application. b. The City Council may permit the following uses within this category. (1) On -site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off - loading of truck facilities in a non - retail setting. (4) Petroleum blending operations. c. Petroleum operations shall not include oil or gas drilling and production. d. No specific use permit shall be granted unless a site plan as set forth in Section 27.8 is submitted to, and approved by, the City Council. (As amended by 15 ** Shall apply only to non- residential uses and mixed use buildings in the DT District. 16 Ordinance No.480 -M) 26. The City Council may authorize the establishment of retail operations in an amount 0 -1, 0-2,1-1 exceeding fifteen (15) percent of the net square footage of any one office structure if said increase is the consolidation of retail space from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall be maintained throughout an overall common project. 27. Residential Lofts and Live/Work units: The City Council may permit the construction C -3, DT ** of residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction of studio or loft -type apartments or condominium living units on the floor or floors above office and retail -type activities situated on a ground floor. 28. A residential unit(s) for the exclusive use of an employee or employees of the B -2 I -1 principal use, placed upon the site when such employee(s) will be fulfilling the duties of night watchman or caretaker for the site. In approving the construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant ofthe residential structure. 29. Recreational campsite or campground (As amended by Ord. 480 -L) AG 30. Full Service Car Washes, subject to the following conditions: (As amended by Ord.480- C -3 R) SITE PLAN REQUIRED a. Sanitary sewer service must be available to the site; b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking space must be provided for each two hundred (200) square feet of total floor area of all buildings with two- thirds (2/3) of the minimum spaces being tandem spaces for cars awaiting washing or vacuuming. d. The wash bay and vacuum/gasoline pump areas must be forty -five (45) degrees off parallel to the adjoining thoroughfare. 31. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), ALL subject to the requirements set forth in Section 45.8 of this ordinance. (As amended by Ordinance No. 480 -W.) 32. Personal care facilities, are encouraged to be located within walking distance of ALL, except AG, RE, RS shopping areas, medical offices, civic centers, public parks, religious facilities, and SF -lA, SF -2, SF -113, SF- other related facilities or may be located in transitional areas adjacent to low and 30, SF -20A., SF -20B ** Shall apply only to non- residential uses and mixed use buildings in the DT District. 16 medium density residential developments when compatible and shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance No. 480 -Y.) 33. service station when operated with or without convenience store, car wash, C -3 and other related ancillary uses, subject to the requirements set forth in Section 45.10 of this ordinance. (As amended by Ordinance No. 480 -Z.) 34. Carports for non - residential property, subject to the requirements set forth in Section CS, 0-1, B -1, B-2,1-1,1-2, 45.11 ofthis ordinance. (As amended by Ordinance No. 480 -IL) and S -P -1, S -P -2 and PUD districts with CS, 0-1, B -1, B -2, I -1, and I -2 uses. SITE PLAN REQUIRED 35. Multi -level parking garages for non - residential property, subject to the requirements set CS, 0-1, 0-2, C -1, C -2, C- forth in Section 45.11 ofthis ordinance. (As amended by Ordinance No. 480 -IL) 3, C -4, HC, B -1, B -2, I -1, I- 2,S -P -1, S -P -2, DT ** and PUD 36. Single - family (attached and detached) residential DT 37. Mass Gathering Event when not permitted as an accessory use in accordance with ALL Section 34, subject to the requirements set forth in Section 45.14 ofthis ordinance. 38. Funeral Homes and Services. DT ** 39. Farmer's markets. DT ** CS, Cl, C2, C3, C4, I -1, I- 40. Outdoor sales or services, subject to the requirements set forth in Section 45.12 ofthis 2, B -1, B -2, HC ordinance. CS, Cl, C2, C3, C4, I -1, I- 41. Donation bins, subject to the requirements of Section 45.13. 2, B -1, B -2, HC, DT ** 42. Tents for the purpose of promoting retail sales for a period not exceeding twenty -three CS, C -1, C -2, C -3, C -4, B- (23) days. Tents shall be constructed in accordance with the provisions of the Uniform Fire 1, B-2,1-1,1-2, S -P -1, S -P- Code, Article 32, as amended. A permit may be issued for a tent only as an accessory use. 2, NR -PUD, DT ** The activity shall also meet the development regulations of the zoning district in which it is located. No more than two specific use permits for tents for a lot may be issued in any one year period, with a sixty (60) day separation between events. The location of the tent shall not reduce the minimum parking requirements or effectiveness of landscaped areas within the site. 43. Gas & oil well drilling and production, subject to the requirements of Section 45.15 1-2 SITE PLAN REQUIRED ** Shall apply only to non- residential uses and mixed use buildings in the DT District. 17 SECTION 11 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 12 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 13 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 14 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, 18 under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 15 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 16 —+ The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 17 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 , 2006. MAYOR ATTEST: 19 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 20 Attachment 2 ORDINANCE 483 -K SECTION 5.06 SECTION 4.01 (F) 21 ORDINANCE NO. 483 -K AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; REVISING ARTICLE V, SECTION 5.03 TO CLARIFY SIDEWALK REQUIREMENTS AND ARTICLE 4.01 (F) PROVIDING FOR CITY APPROVAL OF STANDARD DEVELOPER'S AGREEMENTS; PROVIDING A PENALTY; 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. 483, as the Subdivision 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. 483 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Subdivision Ordinance as required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 Ordinance 483, as amended, the City of Southlake's Subdivision Ordinance is hereby amended -- - - Formatted: indent: First line: o.s° by the amendment of 5.06, "Sidewalks," by amending subsections A through 13(3)(c) to read as follows: A. General Provisions: The purpose of this section is to provide for the orderly, safe and healthful construction of sidewalks within the City and to promote the health, safety and general welfare 22 of the community. In order to carry out these purposes, it is hereby declared to be the policy of the City to guide and regulate sidewalk construction within the City. B. Requirements: General Requirements. Any new development in the city shall provide for the location and construction of sidewalks as provided in this section. This shall include the dedication of necessary right -of -way or public access easement and the construction of sidewalks according to the specifications provided herein. 2. Residential Requirements: Applicability: Sidewalks shall be required on both sides of all public and private streets in all residential subdivisions with average lot sizes of less than one acre platted or replatted after the effective date of this ordinance. A proposed Pedestrian Access Plan must be included as an element of any Concept Plan application, or in the case where no Concept Plan is required, with the Preliminary Plat application and shall be processed concurrently with these applications. The Pedestrian Access Plan shall demonstrate a method for the safe and effective movement of pedestrians both within the subdivision and to and from Trail System connections, where applicable. b. Frail ;44o . Southlake Pathways Plan: Regardless of average lot size, the developer or builder of a residential subdivision platted or replatted after the effective date of this ordinance shall install sidewalks and/or trails in accordance with the T-Fail S Steffl Mast ° Southlake Pathways Plan as amended. along The tL,o - M - As t ew rf'L, 1 g 1,F ,-o Dl.,..\ C. Time of Construction: Owners/homebuilders: Each owner/home builder within a residential subdivision platted after the effective date of this ordinance shall construct sidewalks at the time of construction of the house. In those circumstances where a sidewalk would impact the construction of driveways and access walks, the sidewalks shall be constructed before the City's final building inspection. A certificate of occupancy will not be issued until required sidewalks are in place. ii. ...... Developers: Sidewalks and/or trails shown in the Pedestrian Access Plan to be constructed within common areas shall be constructed by the developer during the development of the subdivision. d. Exemptions: A residential lot that is platted as a single lot of record is exempt from this requirement unless: 23 Sidewalks are existing on both sides of the lot; or ii........ The lot is located within 1,500 feet of a public or private school and is on the same side of the street. Non - residential Requirements: a. Applicability: Sidewalks and /or trails, where required by the Trai s Master Southlake Pathways Plan, shall be required on all non - residential properties platted or replatted after the effective date of this ordinance. A proposed Pedestrian Access Plan must be included as an element of any Concept Plan Development, or Site Plan application and shall be processed concurrently with these applications, or in the case where no Concept Development, or Site Plan is required, with the Preliminary Plat application. The Pedestrian Access Plan shall demonstrate a method for the safe and effective movement of pedestrians both within the subdivision and to and from Trail System connections, where applicable. Sidewalks for all other non - residential properties shall be regulated in the Zoning Ordinance 480, as amended. b. Trail Master Plan: The developer or builder of a non - residential subdivision platted or replatted after the effective date of this ordinance shall install sidewalks and /or trails along the tract being developed adjacent to all arterial and collector streets (as defined by the Master Thoroughfare Plan), where applicable according to the Trail System Master Plan. Time of Construction: Each developer and /or builder of a non - residential subdivision platted after the effective date of this ordinance shall construct sidewalks at the time of construction of the development. In those circumstances where a sidewalk would impact the construction of driveways and access walks, the sidewalks shall be constructed before the City's final building inspection. A certificate of occupancy will not be issued until required sidewalks are in place. SECTION 2 Amend Section 4.01(F) "Developer's Agreements" to read as follows: Developer's Agreements: I. fieted— provided otherwise, no earthwork, grading, utility, street or drainage. - - Formatted: rodent: Lett: 0.5 °, Tab stops: improvement construction or any public or private improvements shall be allowed until the 0.75 °, List tab + Not at 0.5" developer receives approval of a final plat and the City executes a developer's agreement Formatted: Bullets and Numbering with the developer, 1 ^f a� 1 1 ^* aeelePe ugrgeet ^s—boe appFOV b G t ' h. 2. The Citv Council may This a° e10PeF'° ° ^r° °m° ^t may-4e waived the requirement for a developer's agreement's t''� upon a showing of good cause. 3. developer's agreement shall, among other things, address the physical public improvements, i.e. streets, water, sewer, storm drainage, street lights, street signs, and other 24 applicable required services, features or facilities, which are to be installed in the subdivision. Such agreement shall be based on cost estimates thereof, prepared by the subdivider's engineer and reviewed by the City Engineer. (As amended by Ord. No. 483 -D) 4. The City Council shall approve the standard form of the developer's agreement. The City r--- Formatted: indent: Left: o.s °, Tab stops: Manager is authorized to execute a developer's agreement unless the developer requests an 0.75 Left + Not at r' amendment to the provisions of the standard agreement or the agreement provides for one or more of the following. a. an expenditure of 25,000 or more by the city, b. waiver of fees, c. the dedication of park land; or d. credits for prior or proposed improvements or dedications. 4- If the developer's agreement includes any of the foregoing provisions, or an amendment - - Formatted: indent: Left: 0.75 °, No bullets or to the standard form agreement, the agreement shall be approved by City Council. J numbering SECTION 3 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 4 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 5 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 25 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 ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY 26 PASSED AND APPROVED on the 2nd reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 27