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Item 8ECity of Southlake 5:WW Department of Planning 1400 Main Street, Suite 310, SoutWake, TX 76092 MEMORANDUM August 10, 2005 TO: The Honorable Mayor and City Council FROM: Ken Baker, AICP, Planning Director SUBJECT: Ordinance 480 —BBB, Amendment to the Comprehensive Zoning Ordinance to add the Transition (TD) District (proposed new Section 47) and renumber Sections 47 through 54. REQUESTED ACTION: Conduct a first reading of Ordinance 480 - BBB. BACKGROUND: One of the key strategies following the approval of the new land use categories in the Southlake 2025 Plan has been the need to create appropriate zoning districts to facilitate more flexible development to implement the vision of the plan. This ordinance amendment aims to implement the Transition 1 and 2 land use categories by creating the corresponding zoning district. Attached with this memo is the proposed new Section 47 — Transition District (TD) of the Zoning Ordinance with the attorney recommended changes indicated in the document. The changes are mainly editorial in addition to clarifying definitions for terms used in the new section. Due to a constraint in the numbering system of the current Zoning Ordinance 480, as amended, there are limited sections available to insert new zoning districts. As a result, Staff is recommending some editorial changes to the section numbers in the current ordinance that provide much needed expansion sections within the ordinance. Specifically, staff is recommending renumbering current Sections 47 through Section 54 to Sections 55 through 62. This provides 8 additional expansion Sections. These sections have no cross - references to other sections in the zoning ordinance and hence were selected for renumbering. The Sections renumbered are as below: Current Section Number New Section Number Section 47 — "TD" Transition District Section 48 — Section 54 — Future Expansion Section 47 — Expenses Schedule of Fees, Charges and Section 55 Expenses — Schedule of Fees, Charges and Section 48 — Penalties; Injunction Section 56 - Penalties; Injunction Section 49 — Savings Clause Section 57 - Savings Clause Section 50 — Cumulative Clause Section 58 — Cumulative Clause Section 51 — Severability Clause Section 59 — Severability Clause Section 52 — Publication in Pamphlet Form Section 60 — Publication in Pamphlet Form Section 53 — Newspaper Publication in Official Section 61 Newspaper — Publication in Official Section 54 — Effective Date Section 62 — Effective Date FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: Yes CITY COUNCIL ACTION: None P &Z ACTION: June 9, 2005; Conducted a Public Hearing on the proposed Ordinance 480 -BBB and approved (7 -0) the proposed Section 47 with the following changes: o Last sentence in section 47.7 (h) (4) to read as follows: Active sports fields and activities shall be limited to less than 10% of any parks located in the TD. ATTACHMENTS: Proposed Ordinance 480 -BBB o Section 47 — Transition District (with changes from the P &Z approved version indicated) o Sections 55 — 62 ORDINANCE NO. 480 -BBB AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; RENUMBERING SECTIONS 47 THROUGH 54 TO SECTIONS 55 THROUGH 62 AND ADDING SECTION 47 AS THE TRANSITION DISTRICT (TD); 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 city council has 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: PART 1 FINAL DRAFT SECTION 47 TRANSITION DISTRICT (TD) 47.1 Relationship to the Comprehensive Master Plan 3 - E jiv ot 3, 2005 a. The Transition district (TD) implements the is established to implement the following goals of the Southlake 2025 Plan - Phase 1: l :�ete -. The promotion of quality neighborhoods that contribute to an overall sense of place and community. Quality neighborhoods are the cornerstone of our community. Quality neighborhoods are well designed and maintained, attractive, pedestrian friendly and safe - and 2 Fast er - -. The fostering of attkctive and well designed residential developments to meet the needs of a diverse and vibrant community_ C. provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace while establishing human- scaled residential and non- residential buildings R o fif d. reinforce streets as public places that encourage pedestrian and bicycle travel; Pr e. provide roadway and pedestrian connections to residential areas; pf-evid 47 -4 FINAL DRAFT 3 - E jilot 3, 2005 f. provide transitions between high traffic streets and neighborhoods g. encourage efficient land use by facilitating compact development and minimizing the amount of land that is needed for surface parking; WeN h. provide appropriate locations and design standards for automobile- and truck - dependent uses; and M a int ain i. maintain mobility along traffic corridors and state highways. 47.3 Definitions The following definitions shall apply to uses and category of uses listed in the TD schedule of uses and to other terms used in the T- Fans i t i o zen g d; s Section 47 only. For terms not specifically defined under this subsection, Section 4 - Definitions shall apply. Buffer Areas Along Creeks and Flood Plains These are areas of land at least 10' --z10 feet in width parallel to existing creeks and flood plains, set aside to protect riparian vegetation and filter waterborne pollutants. Business Associations and Professional Membership Organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services, develop market statistics, sponsor quality and certification standards, lobby public officials, or publish newsletters, books, or periodicals for distribution to their members 1, Business, Professional anc t i eti l us'e Technical Uses Establishments in this category perform professional, scientific, and technical services for others. Such services require a high degree of expertise and training. Uses in this category include offices for health care, administrative, professional consulting, professional services, and business support services. Cafeteria or limited sem4ee FestittwaH&itnited Service Restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria -style serving equipment, a refrigerated area, and self - service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. Conservation easementEasement 47 -5 FINAL DRAFT �4Au u� 2005 A conservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the purpose of protecting and preserving a portion of Southlake's environmentally sensitive and natural resources, including agricultural and ranching areas. The landowner retains title to the property and the easement applies to all subsequent owners. The easement must be held by a qualifying party approved by the city. Consolidated Future Land Use Plan The Consolidated Future Land Use Plan is a component element of the Southlake 2025 Plan, the city's Comprehensive Master Plan. The Consolidated Future Land Use Plan, as amended, serves as the community's blueprint for future development by allocating the appropriate location, concentration, and intensity of future development by land use categories. Continuous Planters Continuous planters are tree wells between the vehicle lane /parking lane and the sidewalk. These planters run parallel along the sidewalk with a few breaks for pedestrian access from the parking lane to the sidewalk. The planters may be used for street trees and other landscaping including shrubs and ground cover to soften the edge of the pavement. Inuff r r Oil d, ��- J Parking Lanel Continuous Vehicle Lane Planters Court A court is an a cupied space, open to the sky, an the same at wit a t,,,�',di ,, which is bounded on tvo (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. Court, elesed A closed court is a court surrounded on all sides by the exterior walls of a building, or by exterior walls of a building and side or rear lot lines, or by a pedestrian walkway where the walkway is less than 10 feet in width. 47 -6 FINAL DRAFT J I I preserved �1 O ypical environmental preserves along creeks and flood plains 3 - E jilot 3, 2005 Facade Fa�ade(s) is the front of the building facing or oriented toward the street or roadway, excluding alleyways. Full- service ° .tRestaurant Full- service restaurants provide food services to patrons who order and are served (i.e. waiter /waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non - theatrical entertainment. Green A green is an open space available for unstructured recreation. A green may be defined by landscaping rather than buildings. Its landscape consists of land and trees in a natural arrangement, requiring minimal maintenance. The size of a green shall range from 1 acre to 10 acres. 47 -7 FINAL DRAFT Landscape Concept Plan A landscape concept Dlan i 3 - E jivot 3, 2005 Mixed -Use Building or Structure A mixed -use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live -work or lofts) with retail or office uses at the other levels. Mixed Use Development Mixed use development is any development that proposes either mixed -use buildings or mixed -use land uses in the same development of one or multiple buildings. Mixed -Use Land Use Mixed -use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. Neighborhood 47 -8 FINAL DRAFT 3 - E jilot 3, 2005 A neighborhood is a component sub- district of a Transition District with predominantly residential uses and open spaces. A neighborhood may also contain small- scaled civic uses at prominent locations. Park A park is a natural preserve available mainly for unstructured recreation. Any structured recreation shall be limited to less than 10% of the park. A park is usually independent of surrounding building frontages. Its landscape consists of natural paths, trails, meadows, woodlands, and open shelters. Its size shall range from 5 - 10 acres. Pathways Plan The Pathways Plan is the officially adopted Master Trails Plan, an element of the city's most recently adopted Comprehensive Plan. '464666ikia- 'V I Plazav r Image of a typical plaza. 47 -9 Examples of typical parks FINAL DRAFT �4Au u� 2005 Primary or Principal Building The primary building on a lot is also known as the principal building and is the largest building on any lot that has more than one buildin- Primary Entrance The primary entrance is the main or pr-iaeip4e2rincipal pedestrian entrance of all buildings (except outbuildings). The primary entrance is the entrance designed for access by pedestrians from the sidewalk, or street if a sidewalk is not present. This is the principle architectural entrance even though day -to -day residential access may be via a secondary entrance associated with a garage, driveway or other vehicular use area. Primary Street A primary street(s) is a street that provides the main point(s) of access from an arterial or collector roadway to the Transition District's interior street network. Public or Civic Buildings Public or civic buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Public Realm The public realm is the area from building facade to building facade. This includes the street, any landscaping strips, pedestrian amenities, parks, common yards, etc. Retail Edge/Neighborhood Edge The Retail Edge /Neighborhood Edge is a component sub - district of a Transition District with predominantly office, residential uses, open spaces, and limited retail uses. Retail Sales or serviee Service Retail establishments form the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Establishments in stores operate as fixed point -of -sale locations, which are designed to attract walk -in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after -sales services, such as repair and installation. Included in this category are durable consumer goods sales and service, 47 -10 FINAL DRAFT 3 - E jiqn 3, 2005 consumer goods, other grocery, food, specialty food, beverage, dairy, etc, and health and personal services. Single - Family Residential, detaehed dwelling uniMetached Dwelling Unit. A single - family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Single - Family Residential, Attached Dwelling Unit. A single - family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Examples of typical squares Snack or Nonalcoholic Bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Southlake 2025 Plan The City of Southlake Comprehensive Master Plan, as amended, consisting of multiple elements, as adopted by the City Council. Street Tree A street tree is a tree or group of trees that line the edge of a street or roadway This ,etild i tie tide and includes trees inside and outside the street right -of -way. 47 -11 FINAL DRAFT �4Au u� 2005 Streetscape Treatments Streetscape treatments shall include all improvements in a R 0 W right -of -way and adjacent to it that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, street furniture, and trash receptacles. Streetscape treatments may also include a range of provisions such as paving materials, street/pedestrian /wayfinding signs, media boxes, parking meters, utility boxes, seating, public art/water features, bike racks, bollards, information kiosks, etc. 47.4 Transition District Components. Component Requirements a. Generally. A Transition District shall consist of a minimum of two out of three distinct components: a Retail Area, a Retail Edge/Neighborhood Edge, and a Neighborhood (see examples of TD schematic layouts) together with open space. The components vary, depending on the specific land use categories Transition 1 or Transition 2. All Transition Districts shall eeiisist of contain open spaces scaled and designed e es. to preserve existing wooded areas, b. Retail Area. The retail area (RA) shall 'Be the primary location of kretail &e)and offices for business, professional and technical uses in the Transition &9 District and is appropriate e}r properties designated as Transition 1 in the Southlake -2 Consolidated Future Land Use Plan. The location of the retail— afe,�--Retail Area relative to the other two components shall be based upon the seale a ea.. * ° f r retail us °Scale and Context Criteria for Retail Uses under the T -1 land use category in that Plan, as amended C. Retail Edge /Neighborhood Edge The retail edge (RE) /neighborhood edge (NE) component is appropriate in areas designated as Transition 1 or Transition 2 in the Setit lake 2 Consolidated Future Land Use Plan. The location of the me ° °Retail Edge/Neihborhood Edge shall generally meet the se and eantt it ef:4er4a fef: one°. uses Scale and Context Criteria for Office Uses under the T -1 /T -2 land use category. in that Plan. The Retail Edge/Neighborhood Edge may contain a mix of retail, office, and residential uses. However, it shall mainly consist of office and residential in�uses with neighborhood -scale corner retail uses limited to street intersections in the Retail Edue /Neighborhood Edge d. Neighborhood. The neighborhood component is appropriate in areas designated as either Transition 1 or Transition 2 in the Seth' aloe 2 Consolidated Future Land Use Plan. The location of the neighborhood shall generally meet the se4e a nd ° nt &4 °rite i far r s id ent " ,' usesScale and Context Criteria for Residential Uses in either transition land use category as set forth in that Plan 47 -12 FINAL DRAFT �4Au u� 2005 e. Open Space. The open space component shall be integrated into the overall design of the Transition District. The type, scale, location, and design of the open space component shall depend on the context and location of the other components of the Transition District. Squares and plazas may serve as open spaces and are appropriate in the Retail Area and Retail/Neighborhood Edge components. Parks, greens, and environmental preserves are appropriate in the Neighbef4ee& The open space component shall _ generally meet the Scale and Context Criteria for Open Space in the Transition 1 or Transition 2 . . . .. . .. . ... .. . . . . . forth in the Consolidated Future Land Use Plan. Legwd 47 -13 Refeil Wes Retail Edge1 NaightArhaodEdge Neighborhood i &a RefRetail ge do the al d E - Relative low6on of open space areas 47 -13 FINAL DRAFT IN �4Au u� 2005 r P rmg i 4 "'TGOR TTABLE 47 -1 Use Status LAND USE CATEGORY RA RE (T -1) / NE (T -2) N Commercial Uses (Office & Retail Uses) t Retail S cos ,) c -: o ..; :. o + P P* NP ■ Retail Sales or Service with no drive through facility. Excluded from this category are retail sales and services establishments geared towards the automobile, including gasoline service stations. ■ Finance, Insurance, and Real Estate establishments including banks, credit unions, real estate, and property management services with no drive through sepiee� facility P P NP ■ BusifiessOffices for business professional, and technical uses such as accountants, architect lavers, doctors, etc_ P P NP ■ Food Service Uses such as full- service restaurants, cafeterias, and snack bars with no drive through facilities and no alcohol sales P P* NP Arts, .. nfepfr ni nmi ff Entertainment, and Recreation Uses ■ Fitness, recreational sports, gym, or athletic club P P NP ■ Parks, greens, plazas, squares, environment,& preserves, and playgrounds P P P Educational, Public Administration, Health eareCare and " Other Institutional Uses • Business associations and professional membership organizations P P NP • Child day care and preschools P P NP • Schools, libraries, and community halls P P P* • Civic seeW, acid 4atefral ef-,aii 44)os uses P P hMP* • Social and fraternal or- NP • Public Safety facilities P P* NP • Religious institutions P P* P* Residential Uses ■ Home Occupations N/A A A ■ Live/Work units P* P* SUP ■ Residential Lofts P* P* NP ■ Single - family residential detached dwelling unit NP P P ■ Single - family residential attached dwelling unit NP P P Other Uses • Model homes for sales and promotion ** P* P P • Outdoor temporary removable displays and sales for fairs, festivals and otherspecial events held in SUP SUP NP ** Model homes are limited to a time period until all the homes are sold in the neighborhood. 47 -14 FINAL DRAFT Awe - E Au,1st 3, 2005 r 4 P rmg G TTG( ABLE 47 -1 Use Status LAND USE CATEGORY RA RE (T -1) / NE (T -2) N outdoor spaces • Outdoor vendor sales SUP NP NP • Parking, surface P* P* A • Sales from kiosks SUP SUP NP • Any permitted use with a drive through facility SUP NP NP • Alcohol sales SUP SUP NP • Veteiinan- clinic (no outdoor facilities for overnight SUP NP NP storage of animals b. The percentages recommended in the paragraph entitled "Land Use Mix ", as set forth in the T -1 and the T -2 Transition land use categories in the Consolidated Future Land Use Plan, are muidelines for the applicant and the City to determine the appropriate percentage of acreage devoted to each land use. The percentages may be adjusted within the limits indicated based upon site specific conditions. C. Any use not specifically listed in Table 47 -1 is prohibited. 47.6 Development Standards 3. Section r 43 - Overlay Zones, Ordinance 480, 5- 480: 5. 'Section 34 - Accessory Uses (exempt only if the developer proposes alternative standards - for accessory uses and structures), and 6. The following sections of the Subdivision Ordinance, Ordinance No. 483, as amended: Section 5.02 Right -of -Way Requirements, Section 5.03 A, B, I, and J, 5.06 A & B, and Article VII (with approval from the Park Board and City Council only). 47 -15 FINAL DRAFT �4Au u� 2005 b. The following standards shall apply to development in the Transition de District Most standards have a numerical range and few have a specific numerical value. Due to the inapplicability of one development standard across all transition districts and to encourage a diversity of development proposals, the developer shall propose the standards indicated as "Flexible" or "Yes/Flexible" on the following table for the proposed development at the time of development plan application submittal (see subsection 47.8 for development plan submittal requirements in the TD). afe r E ibl e " fl x I k t V / 1 ib } �GiTC rn _ " — rr�r-r CCC[72TJ - [T I CC�1� - TIQC rir « �r - c�r 1 i L�7aLr » 7 the ,do p I AIL TABLE 47 -2 Standard RetailArea Retail Edge (T -1)/ Neighborhood Neighborhood Edge (T -2) 1.0 Street Design Standards (This standard applies only to new streets located in the Transition Zoni!l& District) Street design standards proposed shall be based upon creating a safe and inviting walking environment through an interconnected network of roads with sidewalks, street trees, street furniture, and amenities. Cul -de -sacs °' 6" 6° a;.� �� °���are prohibited and residential streets may have a 2w-' f � 6 di wii-s 4pavement width of 32 feet with parking on both sides of the street. To meet fire safety standards, the applicant s shall demonstrate that a clear conveyance width of 24 feet will be available on all streets (with the exception of alleyways that are not designated as fire lanes). T,,,,,, �.;.;,,,, ,a;.., ;. f h b,, e * - eH� Pkfi- ( 9 Hi *' -P ;';,4 "Q1 °4204 „ fS ��� °' ��� ���� 44-3.-The right -of -way widths for streets in the TD shall depend on the street typos and streetscape standards proposed. The minimum right -of -way (R -O -V) width shall be 50 feet for all streets exce ot alleys).. Design speed -:; <25 mph (except new ­�;<25 mph (except new < 25 mph collector streets) collectors) Street 4Tes b221ogies ■ " a44P -aysi ■ D^ Boulevards: ■ B otilep� allowed Boulevards: 4 -lane 4 -lane divided � 2 -lane divided 4 of divided Wit mediflfisi lffiieo ■ Avenues: 3 -lane ■ Betilevafdsi Avenues: ■ Neighberkeed divided 3 -lane divided {k 94MResidential — Main streets and medimis ^IA ttff+ streets 2 -lane ^'-'afws) laRe -s3 undivided ,ai ( ,»edia.,s S4MResidential „ d tHF 4+ig aoes) streets 2 -lane undivided Stfeet Residential streets 2 -lane undivided Travel lane widths* Flexible Flexible Flexible *Curbside lanes may be wider only if they are designed to accommodate bicyclists as identified 4by the city's current Pathways Plan. On -street Parking Parallel Yes Yes Yes Angled (only if Yes Yes Not permitted vehicles per day are projected to be less than 8,000) Parking lane width Parallel 8 feet 8 feet 7 - 8 feet 47 -16 FINAL DRAFT �4Au a 2011? TABLE 47 -2 Standard Retail Area Retail Edge (T -1)/ Neighborhood Neighborhood Edge (T -2) Angled 18 feet 18 feet N/A Turning radii Flexible Flexible Flexible Alleys Yes/Flexible Yes/Flexible Yes/Flexible 2.0 Streetsca a Standards Sidewalks /Trails/ 6 feet —910 feet f64ee4 6 feet (minimum) 5 feet (minimum) Walkways �) When there is a conflict between the foregoing standard and the city's cunt Pathways Plan, the h foregoing standard " shall prevail. Planter/Planting Strip Tree wells or continuous Tree wells or Conti us 'Continuous planters Type planters planters Planter/Planting Strip 6 feet - 8 feet 6 feet - 8 feet 6 feet (minimum) Width Street Trees Required Yes/Flexible Yes/Fl ='ble Yes/Flexible A- The applicant shall subinit a proposed street tree planti an" ?? be i egti eg as a part of �e eeiiee t k gii repose r.,, the k+ ` Landsca e C "ent Plan which shall be reviewed by the city's Landscape Administrator and must be approved by City cil at the one of Development Plan s k and zoning change. The requirements for such a landTap ept pl e outlined in section 47.8 of this ordinance. O *Overall open space allocations in the TD shall be a minimum of 15% of the gross area of the entire site included in the TD development plan and shall be distributed appropriately between the TD components. The location and design of appropriate open spaces shall be based on Section 47.7f7-)-of this ordinance. Dedicated open spaces in the Transition District mays# frith Park Board and City Council approval, be applied as a credit up to q -100 percent, c o 'the park and open space dedication requirements in Ordinance 483 Lot Area Flexible Flexible Flexible Lot Width and Depth Flexible Flexible Flexible Maximum Lot Flexible Flexible Flexible Maximum Impervious Flexible Flexible Flexible Cover* * *Although individual lots in a TD shall not have maximum impervious cover standards, the impervious coverage in the entire proposed development shall not exceed H 9 ,- i i. e0 ,,. °tHH -44. ' 4 75 %. 47 -17 FINAL DRAFT �=lAu u�, 200? TABLE 47 -2 Standard RetailArea Retail Edge (T -1)/ Neighborhood Neighborhood Edge 5.0 Building Standards Building Height 3 stories (maximum) 2 stories (maximum) 2 stories (maximum) (excluding anv basements) (excluding any basements) Setbacks* Front 30 feet (max -imum ) 25 feet (max 20 feet (max Side Flexible Flexible Flexible Rear Flexible Flexible Flexible *Minimum setback standards are to be proposed by the developer or - ' "f", °,,;,," a A�' shall be based on the minimum ire 6y� & , -iits'. se aration standards ado )ted br the cih= 's biiildiiic� code. Accessory buildings Flexible Flexible I Flexible h"� 'mou ses and structures shall be provided by the developer. The standards shall Standards for accessory " result in accessory buildings being subordinate in size and scale to the principal building. Section 34, Accessory Uses shall apply if the developer does not specifically rovide reguulati accessory uses and structures. Principal building Buildings shall be oriented to the primary street or toward ano ' aPeal point. See orientation siibseefie nsubsections 47.7 ( 2` Q '?` of this ef a and "for additional Sar re uirements. Building fagade & The dei shall propose appropriate building fagade and architectural architectural design design standards for all the TD components in the development with the application standards for zoning change /development plan. They shall be based on the criteria established in subsections 47.7 ( ''�, (mo and Le) of this ordinance. 6.0 Site Design Standards Off- street parking The devele gempl2licant shall propose off-street parking standards for- all requirements appropriate to serve the proposed uses in the TD. Section 35 shall be used as a guide to establish parking standards. However. 47.7 (f) shall regulate the location and design of all proposed off- street parking. Parking standards in the Transition FtDistrict are intended to be flexible due to the mixed use nature, shared parking o ortuunities, and availability of on -street parking. Off -Street Loading Section 36 applies N/A N/A Screening Mob ■ Trash/recycling Required/Flexible Required/Flexible Flexible – generally receptacles recommended along the alleyways, if alleys are provided. ■ Other utility See subsectY47.7 (5ej See subsection 47.7 (5�j See subsection 47.7 (-5el equipment L) • Loading spaces • Surface parking See subsection 47.7 (5e) N/A N/A areas Required/Flexible Required/Flexible Required/Flexible Landscaping" • Landscape buffer Yes/Flexible Yes/Flexible Yes/Flexible between surface parking and sidewalks /trails and streets • Parking lot Flexible Flexible Flexible minimum interior landscapin AsTlle a»licant shall provide a 4landsca)e conceit plan irith the development plan application—, 47 -18 FINAL DRAFT Streets in the 7 disperse traffic. TABLE 47 -2 1 Standard RetailArea I Retail Edge (T -1)/ Neighborhood S� Flexible Flexible Flexible Flexible signage in the Transition District may be proposed by the developer in the form of Conditional Sign Permit application to ON Council as per the city's Sign Ordinance, as amended. Signage in the TD shall gh a alette of signs that enhance the integrate the streetscape and architectural design of the district through pedestrian environment and create a unique identity. ' A 47.7 Performance &- and Design Standards a. _General Layout Standards_. (a)A 1. ., e proposet distj walkways j �4Au ust 3, 2005 of connected streets and provide a variety of transportation routes and Streets aFto —shall be designed to create a pleasant walking environment with on- street parking and streetscape treatments. : s een - age a a iii. Cul -d e -sacs are m pro ite unless natural features such as topography or stream corridors rp event a street connection. iv. Stub streets may be required where a street is likely to be extended in the future. V. Blocks may be square, elongated or irregular. Block shape and size should respond to topography, existing vegetation, hydrology, and design intentions. 47 -19 FINAL DRAFT �4Au ust 3, 2005 vi. Average blocks widths shall be irrbetween 500 feet and -99 feet. Blocks are encouraged to vary in size and based on the component sub - district. (b}vii. Blocks that are .b longer than 1,200 feet are encouraged to be bisected by a walking path. (e) Pesigna+ed 2. The proposed district shall contain designated sites for civic, institutional, and religious buildings-_ Buildings such as sc pols, libraries, meeting halls, places of worship, and day care facilities s ` d occupy prominent places in the TD and be planned in coordination with open spaces. 3. The proposed district shall contain many separate and human - scaled buildings: iii. Driveway sizes and locations shall minimize the impact of the automobile on the public realm and thus enhance the pedestrian point such as a landscaped street, plaza, or similar formal open space. 2. Primary buildings shall have a minimum of 50% of their building facade oriented along arterial, highway frontage, or collector streets and a minimum of 75% of their building facade oriented along other public or rivate streets (with the exception of alleyways) (see illustration below). 47 -20 FINAL DRAFT Alley r Z 12 Parking Rieza 0 r �4Au u� 2005 L Building Frontage Requirements (i) Artehal /Collector /Highway Frontage Road: a + b n= 50% of total block dimension (ii) All other streets (except alleys): a* + b* + c* ,= 75% of total block dimension along that street Note: Plazas and squares shall be counted towards conlribuling to the block frontage Block dimension (100 %) Arterial or Collector r 1 47 -21 , yV_V, — -". — mein Lwe��ncic vi cwccuccvic fvi --... mein —flue vow c.. vice — FINAL DRAFT �g �; g --�% J i W CZ - o +�M' &� a.1 CO - der- s�cedus�s ---- ng entr ��slreet = _ �4Au u� 2005 Green Residential uses fronting on the common green Parking for residential uses r SPace parki6g screened I f Typical Site Design and Building C. Building Entrances. Office" esidential Uses in the TD 1. Primary facades s all p contai e main entrance of any principal building 2 All principal buildings i the Transition zen g d str- istrict located on primary street serving the development shall also have doors, window and other architectural features facing the primary street. Fefffer— residential or mixed use corner buildings shall have at least one custom ,,;i trance facing each street or a corner entrance instead of two entrances. lding Facade Standards. development shall provide ground floor windows on the building 'facade facing and adjacent to a street (with the exception of alleys) or facing onto a park, plaza, or other public outdoor space. 2. Darkly tinted windows and mirrored windows that block two -way visibility shall not be permitted �e fire�e— ,-fotiix�'�; 47 -22 J, Winhhnrhnnrl .Sf�f rirf ar} w =_I1 FINAL DRAFT 3 —E u o t st 3, 2005 3. The first floor elevation of single - family residential structures shall be raised or lowered a minimum of two 2) feet above or below the finished level of the public sidewalk/trail in front of the residential structures. Vie. Architectural Design Standards. " - ,.h4 -„I desig shall he -„ ff geN ^ e M 4f^ b desi E*d Cl� 1. To ensure compatibility of building types and prelate new buildings to the building traditions of the region e- arclli ecttiral design shall be regulated, Qoverned, and enforced throu,h architectural design standards proposed by the applicant. The developer shall submit the proposed standards as a part of the development plan application for all development in the „ T - The Planning and Zoning Commission shall make a recommendation and the City Council shall approve them at the time of approval of the Development Plan. 2. Minor changes in architectural design standards may occur from time to time thereafter Vi may be approved administratively only if they meet the architectural concepts as approved by City Council with the Development Plan.- 3. Architectural design standards for a proposed Transition District shall -_ specify the materials and configurations permitted for walls, roofs, openings, street furniture and other elements. ii. 'be based on traditional building precedents from the region- 116, Established aFehiteetdr-al standards should i 4. All building frontages along public and private streets (with the exception of alleys) shall break any flat, monolithic facades by including architectural elements such as bay windows, recessed entrances, or other articulations so as to provide pedestrian interest along the street level facade including discernible and architecturally appropriate features such 47 -23 FINAL DRAFT 3 - E jivot 3, 2005 as, but not limited to, porches, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas, plazas, courts, or other treatments to create visual interest, community character, and promote a sense of pedestrian scale. 5. All buildings in the TD shall be constructed with exterior building materials and finishes of a quality to convey an impression of permanence and durability. Materials such as, and including, masonry, stucco, stone, terra cotta, ceramic tiles, and similar durable architectural materials are allowed. 6. Non - residential buildings and sites shall be organized to group the utilitarian functions away from the public view of any street (with the exception of alleys). Delivery and loading operations, HVAC equipment, trash compacting and collection, and other utility and service functions shall be incorporated into the overall design of the buildings and landscaping. The visual and acoustic impacts of all mechanical, .electrical, and communications equipments (ground and roof - mounted) shall be out of view from adjacent properties and public streets, *and screening materials and landscape screens shall be architecturally compatible with and similar to the building materials of the principal structures on the lot. 41 Location and Design of Off - Street Parking. Parking lots may not be adjacent to a street intersection or square, or occubots that terminate a street vista. parking facilities are encouraged for non - residential uses in the 5. Bicycle parking shall be provided for non - residential uses, especially for schools, parks, trails, and other recreational facilities. Bicycle parking may be shared between uses and should be centrally located, easily accessible, and visible from streets or parking lots. They may be located between the roadwav and the building facades as lone as their location does not impede pedestrian walkways. 47 -24 FINAL DRAFT �4Au u� 2005 6. Off - street parking for non - residential and mixed uses located along public streets shall be limited to 25% or less of the block frontage along non arterial and collector streets and 50% or less on arterial, collector, and highway frontage streets (see corresponding building frontage requirement). � �. Size of Primary Buildings. Because of the size of the tracts of land included within the zone_ and the intent of the district to facilitate a pedestrian friendly integrated development while preserving existing environmental features, maximum building footprint sizes are as follows: Use of building Retail Maximum Building Footprint ermitted (square feet 40, in nnn h. Open Space Standards. 1. The provision of adequate and appropriate open space areas shall be integral to all development in the TD. The minimum requirement for open space in the TD is 15% of the area of the site proposed to which shall be dedicated open space and shall be included in the zoning change /development plan application— for a proposed transition district. 2. The open space provided shall be appropriately designed and scaled in each of the TD components (s seet ,,, 47.7 r 3} -_The wing gti criteria shall be used to evaluate the merits of prop 3 open spaces in the TD: he extent to which environmental elements preserved are considered as "features" or "focal points" and integrated into the development, thus adding value to the development. ii. The extent to which emphasis has been placed on preservation of existing wooded areas, view sheds, water bodies, topography, and stream corridors in a natural and contiguous state. iii. The extent to which pedestrian connectivity in the form of sidewalks, natural walking paths along stream and creek corridors has been addressed. iv. The extent to which a range of open spaces have been provided from plazas and squares to playgrounds, parks and environmental 47 -25 FINAL DRAFT �4Au u� 2005 preserves, appropriately organized within the respective TD component. —4. Open spaces may be in the form of pocket parks, children's play areas, squares, linear greens, and conservation areas. Active sports fields and structured recreational activities shall be limited to less than 10% of any parks located in the TD. 5. Plazas and squares shall be permitted only in the Retail Area or Retail Edge /Neighborhood Edge of a TD. A plaza which is intended to serve as open space may be located at a street intersection or a focal point and shall generally be small in scale (under '/4 acre in size). A square which is intended to serve as open space may also be located at a street intersection or as a focal point of a development. 47 -26 FINAL DRAFT 3 - E Ailot 3, 2005 -17.8 Applications and Development Review Process +a. Applications for Rezoning. 1. Overview of Review Process Development of land in the TD includes two steps and plat approval. The first step is the rezoning and development plan review and approval phase. The second step is site plan review and approval required by b Depai4fiief40ty Council for all non - residential and mixed use development sites. A building permit for building with sin - - family residential uses may be obtained after approval of final plat by the Planning &- Zoning Commission. The Development Plan_ The Development Plan in the TD is intended to illustrate the general development pattern of the district consistent with the purpose and intent of the district. i. The applicant shall submit a Development Plan for the entire property ~de~ side +.e~ a+ + + 4~_ 4for which the rezoning "his sought. A Development Plan in the TD is not intended to be a detailed proposal; rather, it shall illustrate general location of land uses, street layout, treatment of transition areas to adjacent uses and any other appropriate information required by decision makers. The Development Plan in the TD shall illustrate the general design direction of the site with dimensional guidelines that provide adequate information on the design intent, intensity, and phasing of the jeet proposed development 47 -27 FINAL DRAFT �4Au ust 3, 2005 ii. The „application shall pr-epaf:e a DeN-elepfflext Pl aft (a) Demonstrate compliance with the District's purpose and standards and the Southlake 2025 Plan for- zeview- -o-y Couneil A Development Dl"„ i t h e T-D shall ifiel de-t he map fella wiogi, as amended; (b) Include a map (s) that includes all the informational requirements for a Zon hang Zoning Change /Development Plan in the NR - PUD district (as listed under Section 40), and mzeangmeets the standards of this section including: (1) delineation of TD district components proposed in the development, (2) the layout of proposed blocks, streets, bikeways, and pedestrian paths; (3) the location and acreage of open space areas with an indication for each whether it will be privately owned, a common area for residents only or dedicated to public use; (4) the location, urea and percentages of retail, wow office, residential, civic, and open space uses, the approximate shape, size, and placement of buildings, and the general parking layout and approximate pa count, with indication of parking lot landscape areas, include a report in the form of text, statistical information, tables, guidelines, and graphics Deve opment Pla a nd hich shall include: (1) A statement indicating the purpose and intent of the ejee proposed district (2) A description of the mix of land uses and the factors which ensure compatibility both within the 47 -28 FINAL DRAFT �4Au u� 2005 development site, with adjacent land uses, and compliance with the recommendations of the Southlake 2025 Plan and other elements of the city's Comprehensive Master Plan; (3) Any pecial standards for signage in the form of a conditional sign permit application that provides a design palette addressing the location, lighting, colors, and materials for all signage in the district, (e) a daily and peak hour trip generation and directional distribution report by use is may be required unless the Director of Public Works finds that the traffic to be generated by the proposed district does not warrant the preparation and submission of a study (fl the maximum allowable building coverage, density, and height, and 47 -29 FINAL DRAFT �4Au u� 2005 (g,) the minimum building setbacks. (7) Development standards for the proposed development (or for each phase, if it is to be developed by phases) specifying Vie - standards for all the "flexible" elements by each TD component area in the form of a table; 10 An open space management plan as outlined in subsection 47.7 (7} (6) hereof; and 11 A schedule for the proposed development (or for each phase, if it is to be developed by phases), which schedule shall not be binding but shall be provided in order to show generally how the applicant will complete the project containing the following information: T1+e (i) the order of construction by section delineated on the Development Plan; 47 -30 FINAL DRAFT �4Au ust 3, 2005 eke GO the proposed schedule for construction of improvements to open space areas; and eke ( iii) the proposed schedule for the installation of required public or utilities improvements and the dedication of public rights -of -way, easements and properties. iii. The applicant may request that the Director of Planning waive or defer any of the foregoing requirements of the application that are not applicable for the review of a specific development. 3. Site Plan. Site A City Council approved site plan shall be required before building_ permits can be issued for all individual, non - residential and mixed use buildings Applications for site plans shall be submitted fer FeN4e after the City Council has approved a development plan 4+as been appr-E)N °' for that area incorporated by the site plan. Site Plans s ! I' & z "", Gafflfflissi a al si t e Plans shall me et + cT — c he s=c� III i. An application for approval of a Site Plan shall be processed as an amendment to the Zoning Ordinance. Property owners shall be notified, public hearings shall be conducted, and notice and publication shall be made in accordance with the requirements of applicant submits an application for approval of a Development Plan and a Site Plan concurrently, they may be consolidated as a single application. recommendation by the Planning and Zoning Commission. set forth in Section 40.4. Tv. A bulldin hermit for anv lot with a whollv residential use may be approved after Development Pla Preliminary PW Plat, and Final Plat approval and filing at the county cleric's office and only if the design of the proposed residential use meets the approved development plan standards 47 -31 FINAL DRAFT �4Au ust 3, 2005 -t4. Preliminary wand Final Plat Approval -ai. Preliminary Plat Approval: An application for Preliminary Plat approval may be submitted only after the City Council has approved a Development Plan . (a) A Preliminary Plat may be submitted for all of a plamie4 development ,r for a section of development. (b) The Preliminary Plat shall conform to the approved Development Plan. The applicant shall €eltew with Article, III, Section 3.02 of Ordinance 483, the city's Subdivision Regulations, for the Preliminary Plat Submittal Requirem ts. ii. Simultaneous Submittals ^ ppl eat ons f Y : An applicant may submit an application for a Preliminary Subdivision Plat approval may be sub , 4ted for review simultaneously with the Development Plan application. In such cases, any approval of the Preliminary Plat must be conditioned upon the approval of the Development Plan. If the approved Development Plan includes any additions or conditions by the decision - making authority, the Preliminary Plat A Final Plat may be submitted for all of a planned development or for a section of development. The Final Plat shall conform to the approved Preliminary Plat and Development Plan. The applicant shall €elle,�, with Article III, Section 3.03 of Ordinance 483, the e4y-Ls Subdivision R°g��Ordinance, as amended for the Final Plat Submittal Requirements. 47.9 Variances The City Council may approve variances to any of the specific standards in the TD after a recommendation by the Planning &and Zoning Commission based on unique site conditions and development intent at the time of the zoning change /development plan application. In granting a modification, the City Council may impose any conditions that 47 -32 FINAL DRAFT — E Azr,Ist 3, 2005 it deems necessary or desirable to protect the public interest. However, an applicant may submit to the Board of Adjustment a request for a variance and the Board may grant variances to all specifically established TD standards for a particular development -a€tef aPPFE)N'ft! Of the fl b deVelO ' 47.10 Amendments to Approved Plans or Regulations Established in a Transition District Ordinance a. The Planning Director may approve minor changes to and deviations from officially approved site plans with the applicant's written justification of the nature of changes. Any significant changes to and deviations from approved plans shall be regarded as an amendment to that particular plan and shall be reviewed by staff and subject to Planning w and Zoning Commission recommendation and City Council approval. The Planning Director shall make the determination as to whether a proposed change is minor or significant.. based upon consideration of the following factors: 1. whether the proposed change substantially alters the arrangement of buildings or changes the use of building, space designated on the original plan; 2. whether there is an increase in the number of residential units, 3. whether the proposed change substantially alters vehicular circulation or the placement/ arrangement of parking areas, 4. whether the proposed change will reduce or lessen the effectiveness of open space, landscape buffers, and edges, or 5. whether the proposed change will substantially alter or change the design elevation, roof pitch, materials, or massing of the buildings, b. If the proposed change is significant or conflicts with regulations specified within the ordinance establishing the district, it must be approved by the City Council after a recommendation from the Planning and Zoning Commission. C. If the Citv receives an aaalication to rezone onlv a aortion of the aroberty within a transition district established by ordinance, the City may consider the request for rezoning that portion and is not required to rezone the remainder of the property. However, the zoning change requested shall be evaluated based on the purpose, intent, and context of the proposed changes. 47 -33 SECTIONS 48 - 54 RESERVED FOR EXPANSION XX -1 SECTION 55 SCHEDULE OF FEES. CHARGES AND EXPENSES 47.1 SCHEDULE OF FEES, CHARGES AND EXPENSES - The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for the administration, review and processing of applications regarding the issuance of building permits, certificates of occupancy, zoning change requests, appeals, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the Administrative Official, and may be altered or amended only by the City Council. This schedule shall be reviewed at least annually by the City Council. 47.2 FEES REQUIRED - Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. The fees shall not be refundable. Fees will be required for the following items: a. Applications regarding a change to zoning district boundaries, or to the text of the Zoning Ordinance. b. Application for a "Certificate of Occupancy" for non - conforming Structures. c. Applications to the Zoning Board of Adjustment. d. Annexation of Property by Formal Petition: Utility fee per lot. e. Building Permits for Valuations Exceeding $100. f. Sign Permits. g. Moving of buildings or structures. h. Demolition of buildings or structures. i. Impact Fees. 55 -1 SECTION 56 PENALTIES: INJUNCTION 48.1 PENALTIES - 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 $2,000.00 for each offense. Each day that a violation exists shall constitute a separate offense. The penalty should not be construed as exclusive, and the City hereby provides that any other remedy available to it, in law or in equity, is not intended to be, and is not, foreclosed by the provision of such penalty. 48.2 INJUNCTION - The City shall have and retain the right for injunctive relief against any person, firm or corporation who is in the process of or about to violate any section, paragraph, or part of this ordinance. Such right for injunctive relief shall exist independent of the other penalty provisions of this ordinance and not in lieu thereof. The right of injunctive relief is essential to the City in order that it may maintain an orderly and properly planned control over all land uses thus protecting the health, morals, safety and well being of the citizens and halting any attempt by any person, firm, or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this ordinance. 56 -1 SECTION 57 SAVINGS CLAUSE All rights or remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of Ordinance No. 334, as amended, or of any zoning ordinance or amendments thereto of said City of Southlake, Texas, that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the Court shall have all the powers that existed prior to the effective date of this ordinance; and all existing violations of previous zoning or building ordinances which would otherwise become non - conforming uses under this ordinance, shall not become legal non - conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that they were violations of prior zoning ordinance of the City of Southlake, Texas. 57 -1 SECTION 58 CUMULATIVE CLAUSE 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. Ordinance No. 334, as amended, is hereby repealed. 58 -1 SECTION 59 SEVERABIL,ITY CLAUSE 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. 59 -1 SECTION 60 PUBLICATION IN PAMPHLET FORM 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. 60 -1 SECTION 61 PUBLICATION IN OFFICIAL NEWSPAPER 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 said hearing, 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 in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 61 -1 SECTION 62 EFFECTIVE DATE (Editor's Note: Ordinance 480 -BBB renumbered original Section 54 to Section 62 and did not affect the original effective date of Ordinance 480.) 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 FIRST READING ON THIS 5th DAY OF SEPTEMBER, 1989. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS 19TH DAY OF SEPTEMBER, 1989. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: 62 -1 PART 2 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. PART 3 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. PART 4 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. PART 5 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. PART 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. PART 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 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. PART 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 Ist reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY