Item 6DCity of Southlake, Texas
MEMORANDUM
November 1, 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 t `, 2006 City Council meeting. In
addition, City Council approved the related Ordinance 480 -MMM on
September 19, 2006. At their September 19 t `, 2006 meeting City Council
tabled Ordinances 480 -NNN and 483 -K to incorporate several changes that
were discussed at the meeting and further directed staff to meet with Council
Member Morris for clarification. Staff has met with Council Member Morris
and the following changes have been made since the September 19 t `, 2006
meeting and are indicated in underlined and st-Fikethf ough teYA in the attached
ordinance:
• Moving of accessory structures in the front yards from the Special
Exception Use table to the Specific Use Permit table (pages 10 and
17),
• Elimination of airports as an allowable use in the Specific Use Permit
table in the C -3 district (page 15),
• Elimination of residential lofts as an allowable use in the Specific Use
Permit table in the C -3 district (page 16), and
• Clarification of the requirement for sidewalks for all residential and
nonresidential development (pages 23 and 24).
The changes above have been incorporated with the original Ordinances 480 -
NNN and 483 K as presented at the two earlier meetings:
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-IA 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," which 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 -113 Single Family Residential District or District "SF -113"
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 -2013"
9. MF -1 Two Family Residential District or District " 11
10. MF -2 Multiple Family Residential District or District "MF -2"
11. 0-1 Office District or District "0-1 "
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 "13-2"
5
19. I -1 Light Industrial District or District "I -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 "Mm"
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 Family Residential District or District "SF -2"
The term "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 (0 to read as follows:
f Lot Area: The minimum area of a lot shall be forty three thousand five hundred
sixty (43,560) square feet except that n minimum area shall be required for any__ _ - Formatted: Font: (Default) Times New
open space lot designated in a City Council approved concept or development Roman, Font color: Auto
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:
6
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 5
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 open 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 filed 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 open 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 REQUIREMENTS —For all development requiring a City 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
ZONING
AG
CS
RE
RCS
SF1A
SF113
SF -2
SF30
SF20A
SF20B
MF1
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
SMA
TBL3
*
*
*
*
*
*
*
*
*
*
*
SF1B
TBL3
*
*
*
*
*
*
*
*
*
*
*
SF -2
TBL3
SF30
TBL3
SF20A
TBL3
SF20B
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
FI
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
FI
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
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
TBL3
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
* 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.
n eees b i,. i th. ffet4yard
buildings
of 1A of i B n�
mi d
OT PLAN
N
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 -113, 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, MH,
hereunder shall be for a maximum period of three (3) years subje t o wal fef
PLOT PLAN
„dditi na l , e (T) ..e.,.- 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. T he Board may waive these
the health, the that they impose—m
protect safety and welfare of public and would
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 of the
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
- - Formatted: Font: 10 pt
_ - Formatted: Font: 10 pt
Formatted: Tab stops: 0.48 ", Left + Not at
0.33" + 0.47"
** 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 (00)
-- - - - - - - - - - - - - - --
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 -IA, SF -2, SF -113, SF-
other related facilities or may be located in transitional areas adjacent to low and
30, SF -20A., SF -20B
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
- - Formatted: Font: 10 pt
_ - Formatted: Font: 10 pt
Formatted: Tab stops: 0.48 ", Left + Not at
0.33" + 0.47"
** Shall apply only to non- residential uses and mixed use buildings in the DT District.
16
No. 480 -Y.)
33- Gasoline 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 REQIIIRED
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, subjectto 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 REQIIIRED
44. Accessory buildings located in the front yard.
SF -1A, SF -1B and RE
PLOT PLAN REQLIIRED
** Shall apply only to non- residential uses and mixed use buildings in the DT District.
- - Formatted: Tab stops: 0.28 ", Left
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
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 ^44 °r° r °a by t4@ Trail °^sty
ra^�Dla shall be required on all non - residential properties platted or
replatted after the effective date of this ordinance. Sidewalks shall be the greater
of either 5 feet in width or the width as specified on the city's Pathways Master
Plan if the segment is identified as a trail. 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. noted— otherwise, no earthwork, grading, utility, street or drainage.--- 0 Frmatted: indent: 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 pr -- ^1 °F �� 1 1 ^* a e�ePe�'s agree e t ^s wee
2. The City Council may T his a° ° °r'^ ° °T° °m° ^t m^ 4e waived the requirement for a
developer's agreement b t'� upon a showing of good cause.
24
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
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 Citv_ - - 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 1°
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
25
than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
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.
rKEST67
ATTEST:
26
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2006.
MA FRIVIST
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
27