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Item 6DCity of Southlake, Texas MEMORANDUM November 15, 2006 TO: Shana Yelverton, City Manager FROM: Ken Baker, AICP, Planning Director SUBJECT: Ordinance 480 -000, proposed amendments to the Comprehensive Zoning Ordinance 480 (2" reading). Action Requested: Conduct a Public Hearing on Ordinance 480 -000 Consider 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 and use standards in the Transition Zoning District, and • Standards for residential accessory structures and temporary storage units known as PODS. At the November 7, 2006 City Council meeting, the City Council approved the proposed Ordinance 480 -000 subject to P &Z Commission recommendations. Since the first reading of Ordinance 480 -000, staff has clarified the administrative approval process for alcohol sales in restaurants by adding it as an accessory use to meet the TABC distance requirements (see page 8). 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. 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. Section 43 (Overlay Zones) a. Increase in the variance allowance for shared parking. 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: 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 after a P &Z Work Session and subsequent recommendation. 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 RESTATJRANT: 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 responsible 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 lent 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 + take corrective action, including the provision of extended maintenance, the costs of such Alignment: Left +Aligned at: +Tab � after: 0.63" + Indent at: 0.63 "", , Ta 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" + 1.1 + 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 ------------------------- - - - - - t �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 and guidelines for the maintenance and operation of the protected - - - Formatt ed: Numbered + Level: 1 + open space and any facilities located thereon, including provisions for ongoing maintenance and l Alignment Aligned t Lee + 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 aM 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; h 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 aM 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: 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 t- - - Formatted: Indent: First line: 0" Formatt ed: 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 .- - - 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" 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 minim 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 - - - Formatted: Numbered + Level: 1 + open space and any facilities located thereon, including provisions for ongoing maintenance and Alignment Left + Aligned at O.38" + Tab for long -terni 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 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 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 7 Amend Section 29.8 to read as follows: 29.8 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is .- - - 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 that meets the following criteria shall be required at the time of zoning change and concept/development plan: .- - - 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" Formatted: Bullets and Numbering a. Distribution of responsibility and guidelines for the maintenance and operation of the protected r 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 Formatted: Font: Bold, Underline, Font color: Black, Condensed by 0.15 pt a d. Provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or my 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. ,�Ei CTION 8 . Formatted: Font: Bold Formatted: Centered Amend Section 34 Accessory_ Uses as follows: Add the following under the Accessory Use Table in Section 34.1: 0-2, C -1, C -2, C -3, C -4, HC, S -P -1, S -P -2, PUD, DT ** 4.4 SPECIFIC REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES a. No restaurants with sale of alcoholic beverages shall be issued a Certificate of Occupancy if it is located within three hundred (300) feet of a church, public school or public hospital. Such measurement shall be made in accordance with the requirements set forth in Section 109.33 of the Texas Alcoholic Beverage Code. SECTION 89 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. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 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, `dumber 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 teft een percent (4-0 %) 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 airy variance over ten percent (10 %) to the off- street parking .--- Formatted: indent: Left: 0.63 Hanging: requirements, an applicant shall demonstrate the adequacy of the provided parking 0.e6 Tab stops: Not at 2" through a parking study or analysis. SECTION 910 Delete and add the following from the Table in Section 45. 1, Specific Use Permits: 4 ECIFIC USE DISTRICT WHERE PERMITTED TABLE 47 -1 LAND USE CATEGORY RA u_n S i S 2 mm I)T-** 4j. Bars or Taverns C -3 and DT* Delete the following as Section 45.6: SECTION 1011 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: ** Shall apply only to non- residential uses and mixed use buildings in the DT District Formatted Table - - j Formatted: Line spacing: At least 12 pt 10 Use Status TABLE 47 -1 LAND USE CATEGORY RA RE (T-1) `y NE (T -2) Residential Uses a ** Shall apply only to non- residential uses and mixed use buildings in the DT District Formatted Table - - j Formatted: Line spacing: At least 12 pt 10 SECTION 1412 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 47213 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 1314 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 47415 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. M SECTION 1 -516 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 47617 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 1718 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 7` day of November, 2006. u: •; ATTEST: CITY SECRETARY 12 PASSED AND APPROVED on the 2nd reading the day of , 2006. MA FRIST67 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 13