Item 7ACity of Southlake, Texas
MEMORANDUM
November 1, 2006
TO: Shana Yelverton, City Manager
FROM: Ken Baker, AICP, Planning Director
SUBJECT: Ordinance 480 -000, proposed amendments to the Comprehensive
Zoning Ordinance 480.
Action
Requested: Conduct first reading of Ordinance 480 -000
Background
Information: Based on discussions with the Planning and Zoning Commission
and City Council at their August 24, 2006 Joint Meeting, staff is
proposing several amendments to the Zoning Ordinance. These
amendments address the following issues:
• SUP standards for Alcohol Sales,
• Open space management standards in residential zoning
districts,
• Density standards in the Transition Zoning District, and
• Standards for residential accessory structures and temporary
storage units known as PODS.
At their October 19, 2006 meeting, the Planning and Zoning
Commission recommended approval of all the amendments above
with the exception of amendments relating to residential accessory
structures and temporary storage PODS while recommending public
input through a SPIN meeting on these items. Specifically, the
amendments recommended for City Council approval by the
Planning and Zoning Commission include the following:
1. Section 4 (Definitions):
a. Additions of definitions for Restaurants, and Bars and Taverns.
2. All residential zoning districts:
a. Addition of open space management plan standards.
3. Section 43 (Overlay Zones)
a. Increase in the variance allowance for shared parking.
4. Section 45 (Specific Use Permits):
a. Elimination of Specific Use Permit (SUP) requirements for
alcohol sales associated with restaurants;
b. Addition of SUP requirement for Bars and Taverns; and
Section 47 (Transition Zoning District):
a. Addition of density standards; and
b. Elimination of attached single - family residential uses.
The Planning and Zoning Commission tabled the following items
and recommended public input through a SPIN meeting:
1. Section 4 (Definitions):
a. Additions of definitions for Portable Storage Units
2. Section 10 (RE Zoning District):
a. Reduction of the "by right" allowable accessory structure area
from 5% of the lot area to 1,500 square feet
3. Section 34 (Accessory Uses)
a. Addition of standards for Portable Storage Units on residential
lots.
4. Section 44 (Board of Adjustment)
a. Elimination of SEU requirement for accessory structures
over the allowable size in residential zoning districts.
5. Section 45 (Specific Use Permits):
a. Addition of SUP requirement for all residential accessory
structures over the allowable size in the respective zoning
district.
The attached Ordinance 480 -000 only includes language
recommended for approval by P &Z. Staff will bring forward the
pending items (amendments relating to residential accessory
structures and PODS) from this ordinance as a separate ordinance
based on City Council input and direction.
Financial
Considerations: None
P & Z Review: September 19, 2006 Partial recommendation for approval (6 -0)
Legal Review: Yes
Supporting
Documents: Ordinance 480 -000
Staff
Contact: Ken Baker, 748 -8067
ORDINANCE NO. 480 -000
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AMENDING SECTION 4, DEFINITIONS, TO ADD DEFINTIONS OF
RESTAURANTS, BARS AND TAVERNS; AMENDING SECTIONS 11, 13,14,16,17,
AND 29, TO ADD OPEN SPACE MANAGEMENT PLAN REQUIREMENTS;
AMENDING SECTION 43, OVERLAY ZONES, TO INCREASE VARIANCE
ALLOWANCE FOR SHARED PARKING; AMENDING SECTION 45, SPECIFIC
USE PERMITS, TO ELIMINATE SPECIFIC USE PERMIT REQUIREMENTS FOR
ALCOHOL SALES AND ADDITION OF SPECIFIC USE PERMIT
REQUIREMENTS FOR BARS AND TAVERNS; AMENDING SECTION 47,
TRANSITION ZONING DISTRICT, TO ADD RESIDENTIAL DENSITY
STANDARDS AND ELIMINATE ATTACHED SINGLE- FAMILY RESIDENTIAL
USES; 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 Soutblake, 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 4, "Definitions" to add the following:
Formatted: Font: Times New Roman
RESTAURANT: An establishment that primarily serves food prepared in the kitchen of the same
establishment for patrons and may serve alcohol with a valid Texas Alcoholic Beverage Commission
License as long as the establishment derives less than 75% of its gross revenues from alcohol sales - Formatted: Font: (Default) Times New Roman
BAR OR TAVERN: An establishment that derives 75 percent or more establishment's gross - - - - - Formatted: Font: Times New Roman
revenue from the on- premise sale of alcoholic beverages., - - , Formatted: Font: Times New Roman, 12 pt
A _ _ - Formatted: Font: Times New Roman
SECTION 2
Amend Section 11.7 to read as follows
11.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is
required to be submitted with a request for zoning to an SF- lA Single Family Residential District.
(As amended by Ordinance No. 480 -HHH). For all development proposing open space in this
zoning district, an open space management plan that meets the following criteria shall be required at
the time of zoning change and concept/development plan:
a. Distribution of responsibility and guidelines for the maintenance and operation of the protected -- - - Formatted: Bullets and Numbering
open space and any facilities located thereon, including provisions for ongoing maintenance and
for long -term capital improvements;
b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and
insurance for, the protected open space and an outline showing the means by which such
funding will be obtained or provided,
c. A provision for enforcement of the open space management plan; and
a- d. Provisions that in the event the party ponsible for maintenance of the protected open space
fails to maintain all or any portion in reasonable order and condition, the City of Southlake may,
but is not required to, assume responsibility for its maintenance and may enter the premises and
take corrective action, including the provision of extended maintenance, the costs of such
maintenance may be charged to the owner, homeowner's association, or to the individual
property owners that make up the homeowner's association, and may include administrative
costs and penalties which shall become a lien on all property within the subdivision.
SECTION 3
Amend Section 13.6 to read as follows:
13.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is
required to be submitted with a request for zoning to an SF -30A Single Family Residential District.
For all development proposing open space in this zoning district, an open space management plan
that meets the following criteria shall be required at the time of zoning change and
concept/development plan:
a. Distribution of responsibility and guidelines for the maintenance and operation of the protected .\ - - Formatted: Numbered + Level: 1 +
open space and any facilities located thereon, including provisions for ongoing maintenance and Alignment Left + Aligned at 0.38" + Tab
for long -term capital improvements, after: 0.63" + Indent at: 0.63"
b. An estimate of the costs and staffmg requirements needed for maintenance and operation of, and Formatted: Bullets and Numbering
insurance for, the protected open space and an outline showing the means by which such
funding will be obtained or provided;
c. A provision for enforcement of the open space management plan, and, ., Formatted
d. Provisions that in the event the party responsible for maintenance of the protected open space Formatted: Bullets and Numbering
fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, Formatted: Numbered + Level: 1 +
but is not required to, assume responsibility for its maintenance and may enter the premises and Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.38" + Tab
take corrective action, including the provision of extended maintenance, the costs of such after: 0.63" + Indent at: 0.63", Tab stops:
maintenance may be charged to the owner, homeowner's association, or to the individual 0.94 ", Left + 1.25 ", Left + Not at 0.44" +
property owners that make up the homeowner's association, and may include administrative 0.78" + 1. 11" + 1.56" + 1.94" + 2.33" +
� 2.72" + 3.11" + 3.5" + 3.89" + 4.28" +
costs and penalties which shall become a lien on all property within the subdivision. 4.67"
Formatted: Bullets and Numbering
,SECTION 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �Formatted: Nounderline
Formatted: Centered
Amend Section 14.6 to read as follows:
14.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is
required to be submitted with a request for zoning to an SF -20A Single Family Residential District.
For all development proposing open space in this zoning district, an open space management plan
that meets the following criteria shall be required at the time of zoning change and
concept/development plan:
a. Distribution of responsibility guidelines for the maintenance and operation of the protected - - -
Formatted: Numbered + Level: 1 +
open space and any facilities located thereon, including provisions for ongoing maintenance and
Numring
Alignment Left + Aligned at 0.38" + Tab
for long -term capital improvements,
after: 0.63" + Indent at: 0.63"
b. An estimate of the costs and staffmg requirements needed for maintenance and operation of, and
Formatted: Bullets and Numbering
insurance for, the protected open space and an outline showing the means by which such
funding will be obtained or provided;
c. A provision for enforcement of the open space management plan, and .- - -
Formatted: Bullets and Numbering
d. Provisions that in the event the party responsible for maintenance of the protected open space - - -
Formatted: Numbered + Level: 1 +
fails to maintain all or any portion in reasonable order and condition, the City of Southlake may,
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.38" + Tab
but is not required to, assume responsibility for its maintenance and may enter the premises and
after: 0.63" + Indent at: 0.63 ", Tab stops:
take corrective action, including the provision of extended maintenance, the costs of such ��
0.94 ", Left + 1.25 ", Left + Not at 0.39" +
maintenance may be charged to the owner, homeowner's association, or to the individual
0.78" + 1.17" + 1.56" + 1.94" + 2.33" +
2.72" + 3.11" + 3.5" + 3.89" + 4.28" +
property owners that make up the homeowner's association, and may include administrative
4.67"
costs and penalties which shall become a lien on all property within the subdivision.
Formatted: Bullets and Numbering
SECTION 5
Amend Section 16.7 to read as follows:
16.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this Ordinance is
required to be submitted with a request for zoning to an MF -1 Two Family Residential District.
All properties zoned at the effective date of this ordinance which do not have an approved Concept
Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this
ordinance prior to submittal of a site plan.
The Concept Plan shall be processed in accordance with this Ordinance and state law for changes in
zoning. (As amended by Ordinance No. 480 -M.)
For all development proposing open space in this zoning district, an open space management plan
that meets the following criteria shall be required at the time of zoning change and
concept/development plan:
a. Distribution of responsibility and guidelines for the maintenance and operation of the protected
open space and any facilities located thereon, including provisions for ongoing maintenance and
for long -term capital improvements,
b. An estimate of the costs and staffing requirements needed for maintenance and operation of, an
insurance for, the protected open space and an outline showing the means by which such
funding will be obtained or provided,
c. A provision for enforcement of the open space management plan, and
d. Provisions that in the event the partesponsible for maintenance of the protected open space
fails to maintain all or any portion in reasonable order and condition, the City of Southlake may,
but is not required to, assume responsibility for its maintenance and may enter the premises and
take corrective action, including the provision of extended maintenance, the costs of such
maintenance may be charged to the owner, homeowner's association, or to the individual
property owners that make up the homeowner's association, and may include administrative
costs and penalties which shall become a lien on all property within the subdivision.
Amend Section 17.7 to read as follows:
17.7 USABLE OPEN SPACE
SECTION 6
All residential use shall provide and maintain a minim of two hundred and fifty (250) square feet
of Usable Open Space for each dwelling unit. For the purpose of this ordinance, Usable Open
Space is as follows:
t- - - Formatted: Indent: First line: 0"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.38" + Tab
after: 0.63" + Indent at: 0.63"
d Formatted: Bullets and Numbering
t- - - Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.38" + Tab
after: 0.63" + Indent at: 0.63 ", Tab stops:
0.94 ", Left + 1.25', Left + Not at 0.39" +
0.78" + 1.17" + 1.56" + 1.94" + 2.33" +
2.72" + 3.11" + 3.5 + 3.89" + 4.28" +
4.67"
Usable open space shall mean outdoor area, excluding parking and other service areas, which is
utilized for livable and /or related amenity, such as outdoor living, associated recreation and /or
landscaping, and which is open and unobstructed from its lowest level to the sky except for roof
overhangs and architectural projections. All usable open space, unless hereinafter excepted, shall
be accessible to, and usable by, all residents residing on the site. Private courtyards or balconies
may constitute usable open space for the purpose of calculating up to thirty (30) percent of the total
required usable open space. Usable open space may include areas at the ground level and/or on
roofs, decks, or balconies designed for common use; provided, that such areas meet other criteria as
hereinafter set forth. The minimum dimensions for usable open space at the ground level shall be
ten (10) feet by ten (10) feet and the minim area shall be one hundred (100) square feet. The
minim dimensions for usable open space located on roofs or decks that are available for common
use shall be twenty (20) feet by twenty (20) feet and the minim area shall be four hundred (400)
square feet. At least one -half of the required open space shall be at the ground level.
An open space management plan that meets the following criteria shall be required at the time of
zoning change and concept/development plan:
a. Distribution of responsibility and guidelines for the maintenance and operation of the protected
open space and any facilities located thereon, including provisions for ongoing maintenance and
for long -term capital improvements,
b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and
insurance for, the protected open space and an outline showing the means by which such
funding will be obtained or provided;
c. A provision for enforcement of the open space management plan; and
d. Provisions that in the event the party responsible for maintenance of the protected open space
fails to maintain all or any portion in reasonable order and condition, the City of Soutblake may,
but is not required to, assume responsibility for its maintenance and may enter the premises and
take corrective action, including the provision of extended maintenance, the costs of such
maintenance may be charged to the owner, homeowner's association, or to the individual
property owners that make up the homeowner's association, and may include administrative
costs and penalties which shall become a lien on all property within the subdivision.
SECTION 7
Amend Section 29.8 to read as follows:
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.38" + Tab
after: 0.63" + Indent at: 0.63"
Formatted: Bullets and Numbering
29.8 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is .- - - I Formatted: Indent: Left: 0 Hanging: 0.38^
required to be submitted with a request for zoning to an "MH" Manufactured Housing District. (As
amended by Ordinance No. 480 -HHH)
For all development proposing open space in this zoning district, an open space management plan .- - - Formatted: Indent: First line: 0^
that meets the following criteria shall be required at the time of zoning change and
concept/development plan:
a. Distribution of responsibility and guidelines for the maintenance and operation of the protected r - - Formatted: Numbered + Level: 1 +
open space and any facilities located thereon, including provisions for ongoing maintenance and Numbering Left + Aligned .. Ot t:T ab
for long -term capital improvements, after: 0.63" + Indent at: 0.63"
b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and Formatted: Bullets and Numbering
insurance for, the protected open space and an outline showing the means by which such
funding will be obtained or provided,
c. A provision for enforcement of the open space management plan, and - - Formatted: Font: Bold, Underline, Font color:
a- d. Provisions that in the event the party responsible for maintenance of the protected open space Black, Condensed by 0.15 pt
fails to maintain all or any portion in reasonable order and condition, the City of Southlake may,
but is not required to, assume responsibility for its maintenance and may enter the premises and
take corrective action, including the provision of extended maintenance, the costs of such
maintenance may be charged to the owner, homeowner's association, or to the individual
property owners that make up the homeowner's association, and may include administrative
costs and penalties which shall become a lien on all property within the subdivision.
SECTION 8
Amend Section 43.9 (b) as follows:
43.9 DEVELOPMENT REGULATIONS - Except as follows, any development regulations set forth in
the underlying zoning district shall be applicable.
a. Concept Plan and Site Plan Required -Any applicant for zoning within the Corridor Overlay
Zone must submit concurrent with their zoning application, a Concept Plan which meets the
requirements of Section 41 or a Site Plan which meets the requirements of Section 40 of the
Zoning Ordinance No. 480 as amended. All properties zoned at the effective date of this
ordinance which do not have a Council approved Concept Plan or Site Plan on file with the
City shall submit a Concept Plan or Site Plan meeting the above requirements prior to the
submittal of a building permit request. A Site Plan must be approved by Council prior to the
issuance of a building permit. All Concept Plans and Site Plans may only be approved by the
City Council after a recommendation by the Planning and Zoning Commission in accordance
with the same notice and hearing requirements for zoning changes as set forth in Section 46 of
Ordinance 480, as amended.
Variances - At the time of review of any required Concept Plan or Site Plan, the City Council
may grant variances to the development regulations set forth in this Section and to Section
35.6, 'Number of Off - Street Parking Spaces Required." A parking space variance can only be
at the request of the Owner /Applicant and cannot be required by the City Council as a part of
their approval of any Concept Plan, Site Plan, Developer's Agreement or by any other means.
The City Council shall be limited to granting a variance to no more than tea 4ifteen percent
(WI 5 %) of the required number of off- street parking spaces. (As amended by Ordinance No.
480 -CC).
To receive a variance, the applicant must demonstrate one of the following:
(a) A variance will reduce the impact of the project on surrounding residential
properties; or
(b) Compliance with this ordinance would impair the architectural design or
creativity of the project; or
(c) A variance is necessary to assure compatibility with surrounding developed
properties; or
(d) The proposed construction is an addition to an existing project that does not
meet the requirements of this ordinance.
In addition, to receive a variance from the outdoor storage regulations in this
section, the applicant must demonstrate that the variance will not substantially
impair the intent and purpose of the regulations of this ordinance and one of the
following:
(e) Compliance will result in the destruction of an existing masonry
screening device, or
(f) Compliance would present extraordinary difficulties in the use of the
property; or
(g) Compliance would substantially impair the architectural design
of structures dedicated or related to the use.
To qualify for any variance over ten percent (10 %) to the off-street parking -- - - Formatted: indent: Lett: 0.63 °, Hanging:
requirements, an applicant shall demonstrate the adequacy of the provided parking 0.88°, Tan stops: Not at 2^
through a parking study or anal
SECTION 9
Delete and add the following from the Table in Section 45. 1, Specific Use Permits:
4 ECIFIC USE DISTRICT WHERE
PERMITTED
1. Sale efffleellkilie be�-efageS-. 0 2 , G, G 2 , G E C
u_n cni cn2 mm
DT**
4J. Bars or Taverns C -3 and DT** -
Delete the following as Section 45.6:
- - I Formatted Table
- - Formatted: Line spacing: At least 12 pt
"Shall apply only to non- residential uses and mixed use buildings in the DT District
SECTION 10
Amend Section 47.4(d) to read as follows:
4. Uses in the neighborhood shall be to the density and scale that is appropriate based on
the context and character of the proposed district. Residential density in the
Transition Zoning District shall not exceed two (2 dwelling units per gross acre.
Delete the following in Table 47.1 under 47.5 Schedule of Uses as follows:
TABLE 47 -1
Use Status
LAND USE CATEGORY
RA
RE (T-1)
NE (T -2)
Residential Uses
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
10
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, 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 Soutblake 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
Z
by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of 2006.
MAYOR
ATTEST:
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
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