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Item 7ICity of Southlake sii Department of Planning 1400 Main Street, Suite 310, SoutWake, TX 76092 MEMORANDUM September 14, 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 renumber Sections 47 through 54 of the Zoning Ordinance and add the Transition (TD) District as the proposed new Section 47. REQUESTED ACTION: Conduct a Public Hearing on Ordinance 480 — BBB. Conduct a second 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 Expense — 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: Approved (5 -0) Ordinance 480 -BBB on August 16, 2005 (first reading). 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 with strikethroughs and underlines) 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 OF ORDINANCE 480 TO SECTIONS 55 THROUGH 62; AMENDING SECTION 47 AND ESTABLISHING THE TRANSITION DISTRICT (TD); PROVIDING DEFINITIONS; PROVIDING PROCEDURES FOR THE ESTABLISHMENT AND AMENDMENT OF THE DISTRICT; AMENDING SECTIONS 5.02, 5.03 AND 5.06 OF THE CITY OF SOUTHLAKE SUBDIVISION ORDINANCE TO PROVIDE FOR DIFFERENT STREET DESIGN REQUIREMENTS IN A TRANSITION DISTRICT; 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 and subdivision ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the existing Section 47 (Schedule of Fees; Charges and Expenses) of the Comprehensive Zoning Ordinance, Ordinance No. 480, as amended, is hereby renumbered as Section 48. That Sections 48 through 54 of the Comprehensive Zoning Ordinance, Ordinance No. 480, as amended, are hereby renumbered to Sections 55 to 62, respectively, and Sections 48 through 54 are hereby reserved for future use. It is the intent of the City Council that no substantive changes be made to Sections 48 through 54 as they exist prior to the effective date of this ordinance, but that these changes are for the sole purpose of reorganizing Ordinance No. 480, as amended, the Comprehensive Zoning Ordinance. The codifier of the Comprehensive Zoning Ordinance is directed to inscribe on the ordinance that Ordinance 480 -BBB renumbered original Section 54 to Section 62 but did not affect the original effective date of Ordinance 480. SECTION 2 Sections 47 - 62 of Ordinance No. 480, the City of Southlake Comprehensive Zoning Ordinance, are hereby amended to read as follows: FINAL DRAFT SECTION 47 TRANSITION DISTRICT (TD) 47.1 Relationship to the Comprehensive Master Plan ate- September 14, 2005 a. The Transition &District (TD) i ffipleffleffts is established to implement the following goals of the Southlake 2025 Plan — Phase 1: &eal l �Pfefflete . 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 a. allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses to create economic vitality; p b. develop commercial and mixed -use areas that are safe, comfortable and attractive to pedestrians and protect sit4nificant environmentallv sensitive areas: 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 Rein fefee d. reinforce streets as public places that encourage pedestrian and bicycle travel; Pfevide e. provide roadway and pedestrian connections to residential areas; Pfevide f. provide transitions between high traffic streets and neighborhoods; 47 -5 FINAL DRAFT ate- September 14, 2005 Enee ifa- encourage efficient mo uses of land by facilitating compact development and minimizing the amount of land that is needed for surface parking; e h. provide appropriate locations and design standards for automobile- and truck - dependent uses; and Ni i. maintain mobility along traffic corridors and state highways. Business "?g 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. Business, professionfdProfessional an( 0en! uses 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 lintited estn iron *Limited 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. Civic Uses These are uses that are related to non - profit organizations dedicated to arts, culture, education, and government fiinctions. 47 -6 FINAL DRAFT ate- September 14, 2005 47 -7 FINAL DRAFT ate- September 14, 2005 Conservation ensementEasement 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. 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. ;. VW i SldewalklTrail Parking Lanel Continuous Vehicle Lane Planters ytous planters , which is bounded on two (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 -8 FINAL DRAFT J I I Q Environmental Preserve ate- September 14, 2005 An environmental preserve is , ' natural open space reserved for land that is under permanent conservation. It '�a'�stconsists of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant lake access is available, canoe put -ins or other passive water recreation activities may be permitted. The size of an environmental preserve may vary depending upon the environmental element being preserved. Environmental preserves may also be in conservation easements. ns -a street or roadway, Full- service r estflo 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 47 -9 FINAL DRAFT Awre- September 14, 2005 natural arrangement, requiring minimal maintenance. The size of a green shall range from 1 acre to 10 acres. 24 Examples of typ greens Landscape Concept Plan building. 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. 47 -10 FINAL DRAFT ate- September 14, 2005 Mobility and Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan is a component of the Southlake 2025 Plan, the city's Comprehensive Master Plan. The Mobility and Master Thoroughfare Plan, as amended, serves as the community's blueprint for the city's future transportation network based on the future land use allocation and intensity. Neighborhood 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. Personal sei-,Aees Services This is a category for limited personal service establishments These ,,,, . ews which offer a range of personal services that include clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc. Plaza: • plaza is an open space available for civic purposes and limited commercial activities. • plaza is spatially defined by buildings and its landscape shall consist primarily of hseape— (pavement) with trees being optional. Plazas are to be located fey i in the Retail Area or the Retail Ed ee %Neighborhood Edge and the size shall be under a 1 /4 acre in size. Plazas can be wider sidewalks or extensions of sidewalks for the purpose of providing outdoor seating for restaurants and cafes. 47 -11 recent Comprehensive Plan, as adopted by the City Council. FINAL DRAFT L----J L I I ate- September 14, 2005 r— Image of a typical plaza. Public or Civic Buildings Public or civic buildings are buildings used for acts e 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 fagade to building facade. This includes the street, any landscaping strips, pedestrian amenities, parks, common yards, etc. Residential Lofts Residential lefts afe loft is typically a residential units designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Retail sf�Area The Retail Area is a component sub - district of a Transition District with predominantly non- residential (retail and office) uses and open spaces squares and plazas). Limited residential uses may be appropriate in mixed use buildings. Retail Edge/Neighborhood Edge The Retail Ed e /Nei ghborhood Edge is a component sub - district of a Transition District with predominantly office, residential uses, open spaces, and limited retail uses. 47 -12 FINAL DRAFT ate- September 14, 2005 Retail Sales or ser-viee 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, consumer goods, other grocery, food, specialty food, beverage, dairy, etc, and health and personal services. Single - Family Residential, detnehed dwelling ofti Metached 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. am am a a am am a am ►idryi1 - i II 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. 47 -13 Examples of typical squares FINAL DRAFT ire- �S'eptember 14, 2005 Southlake 2025 Plan The City of Soutlake 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 ild i ffel ire and includes trees inside and outside the street right -of -way. Streetscape Treatments Streetscape treatments shall include all improvements in arightof -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. Street Typology roadway network as established in the City's most current Mobility and Master Thoroughfare Plan. Street typologies augment the functional classification system by appropriately linking functionality with other elements such as streetscape desi" landscaping, pedestrian mobility, intersection treatments, building design, and adjacent land uses. 47.4 Transition DistrictComponent Requirements a. Generally. A Transition District shall consist of a minimum of two et+of the Retail Wit. The retail area (RA) shall be the primary location of tea? kretail & e and offices for business, professional and technical uses in the Transition �District and is appropriate etr properties designated as Transition 1 in the Seth lake '' Consolidated Future Land Use Plan. The location of the retail afea etail Area relative to the other two components shall be based upon the seale and ee. 4 �.4 :- f f fetail tis Scale and Context Criteria for Retail Uses under the T -1 land use category in Section 4 of that Plan_ as amended and the overall character and design of the proposed district 47 -14 FINAL DRAFT ate- September 14, 2005 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 ma c,.,, t hl a e 2025 Consolidated Future Land Use Plan. The location size, and mix of uses of the r_*_a_'_ _dgeh eighbefhe d? _dgeRetail Edge/Neighborhood Edge shall generally meet the sew and e' -LexL V iterift fi)f enee trses Scale and Context Criteria for Office Uses under the T -1 /T -2 land use category in Section 4 of that - Plan. The Retail Edge/Neighborhood may contain a mix of retail, office, and residential uses as approved by City Council based upon the overall character of the proposed district However, it shall be pfedefflinaftfly effie&mainly consist of office and residential i-ft ehafaetef with fifflited neighborhood -scale corner retail uses limited to street intersections in the Retail Edge/Neighborhood Edge d. Neighborhood. The neighborhood component is appropriate in areas designated as either Transition 1 or Transition 2 in the i ke '' Consolidated Future Land Use Plan. The location of the neighborhood shall ge lly ffl the scale be determined based upon the overall character and design of the proposed district and the following criteria: , 1. The neighborhood component is to be located between the proposed office and existing residential neighborhoods. These uses are intended to provide a lower intensity transition between existing neighborhoods and non - residential uses. 2. The neighborhood should be well integrated with proposed open space and other civic uses to create a sense of place. 3. The neighborhood should also be integrated with proposed commercial uses in a manner that provides internal automobile and pedestrian access to convenience commercial uses. Uses in the neighborhood shall be to the density and scale that is appropriate based on the context and character of the proposed district. e. Open Space. The open space component shall be integrated into the overall design of the Transition District. 1. 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. 2. 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 Neighb&Fhee&my component. 4143. The open space component shall ee,�y meet the Scale and Context Criteria for Open Space in the Transition 1 or Transition 2 land 47 -15 FINAL DRAFT ate- September 14, 2005 use category, depending upon the district within which it is located, as set forth in the Consolidated Future Land Use Plan, Section 4. legend Retail Brea Q Neg Edge1 Neigh twrhood Edge ® Neighharhaad J Garner Retail dg Ian "n the Rem E e Relobre location of open space areas LAnrP USE 6A TTG�ABLE 47 -1 Use Status LAND USE CATEGORY RA RE (T -1) / N NE (T -2) Commercial Uses (Office, Retail, and Service Uses 47 -16 FINAL DRAFT ate- September 14, 2005 L 4 nm USE GAT CCn ABLE 47 -1 Use Status LAND USE CATEGORY RA RE (T -1) / N P P* NE (T -2) P P P P* NP . ■ Retail Sales or Service with no drive through fag LIAL ■ Public Safetv facilities P P* Excluded from this category are retail sales and services establishments geared towards the P P* P* automobile, including gasoline service stations. ■ Finance, Insurance, and Real Estate establishments P P NP including banks, credit unions, real estate, and P* P* SUP property management services -( with no drive P* P* NP through seie� } facility NP P P ■ BusinessOffices for business professional, and NP P NP technical uses such as accountants, architects, law -ers, doctors, etc. P* P P ■ Food Service Uses such as full- service restaurants. P P* NP cafeterias, and snack bars with no drive throe 6h facilities and no alcohol sales Arts, iii- .--tfiiiii•• fftEntertainment, and reer - eiifioii ]?ecreation Uses • Fitness, recreational sports, gym, or athletic club P P" NP • Parks, greens, plazas, squares, environmental P P P reserves, and playgrounds Educational, Public Administration, Health e-EC-PeCare and eth, -Wther Institutional Uses ■ Business associations and professional membership P P NP ■ Child day care and preschools P P NP ■ Schools, libraries, and community halls P P P* ■ Civic sem': afid fiateffial ergafiii�atiens uses P P ■ Social and fraternal or(anizations ■ Public Safetv 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 other special events held in outdoor spaces SUP SUP NP "Model homes are lim4ed teatime pefied permitted only for the time until all the homes are sold in the neighborhood. 47 -17 FINAL DRAFT ate- September 14, 2005 r A LD USE GA T GORY T ABLE 47 -1 Use Status LAND USE CATEGORY RA RE (T -1) / NE (T -2) N • 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 • Veterinaiv clinic (no outdoor facilities for overnight SUP NP NP storage of animals) b. The percentages allocated to each land use as 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 guidelines for the applicant and the City to determine the appropriate percentage of acreage devoted to each land use. The City Council may vary percentages within the limits indicated based upon site specific conditions in the ordinance establishing the district. C. Any use not specifically listed in Table 47 -1 is prohibited. 47.6 Development Standards a. Development in the Transition distf_c *District shall be subject to all the provisions of the Comprehensive Zoning Ordinance, as amended, with the exception of e-� the following standards: 1. Section 39 — Screening, Ordinance 480 (with the exception of mall lots �Immediately adjacent to existing residential development); 2. Section 42 — Bufferyards, Ordinance 480 (with the exception of mall lots immediately adjacent to existing residential development); — Overlay Zones, Ordinance 480; 4. Section 35 — Parking Requirements, Ordinance 480, 5. 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). b. Uses and regulations of Section 34 — Accessory Uses shall apply unless other standards are proposed by the applicant and approved by City Council. 47 -18 FINAL DRAFT ate- September 14, 2005 C. 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 dev shall propose, subject to Council approval npproprinte 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). IAL TABLE 47 -2 Standard RetailArea Retail Edge (T -I)/ Neighborhood Nei hborhood Edge 1.0 Street Design Standards (This standard applies only to new streets located in the Transition Zoning 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 shall be &seew-age are prohibited and residential streets may have a pavement width of 32 feet with parking on both sides of the street. a To meet fire safety standards, the applicant sheit 1d 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). .4M itl ale -shall be ". The right -of -way widths for streets in the TD shall depend on the street typology and streetscape standards proposed and approved in the ordinance creating the district. The minimum right- of -wav (R -O -W) width shall be 50 feet for all streets and 20 feet for allevs. Design speed ­r�<25 mph (except new --<25 mph (except new < 25 mph collector streets) collectors) Street i�ee tjpologies D.,. s P Boulevards: Be dsAvenues allowed Boulevards: 4 -lane 4 -lane divided {k 2 -lane divided {h ef es3 divided me ' . e di .,,, ......,:".r b laftes) Iffites) ■ Avenues: 3 -lane Be Avenues: ■ Neighbefheed µu divided 3 -lane divided kw4th S+FeetResidential Vlmii streets and me ' streets 2 -lane lames) undivided i ' ' R olflevH r - d": u� - 3 1 a ■ Neighbefheed ■ Alleys -i Med'ii � ed:afts- eetResidential t streets 2 -lane U undivided e`esidential ■Allevs streets 2 -lane undivided ■ Allevs Travel lane widths* Flexible Flexible Flexible *Curbside lanes may be wider only if they are designed to accommodate bicyclists as identified iH�by the city's current Pathways Plan. On -street Parking Parallel Yes Yes Yes Angled (only if Yes Yes Not perinitted vehicles per day 47 -1y FINAL DRAFT ate- September 14, 2005 TABLE 47 -2 Standard RetailArea Retail Edge (T -1)/ Neighborhood are projected to be Block Type Regular (square or Regular or irregular less than 8,000) rectangular) (square, rectangular, or Parking lane width curvilinear based on Parallel 8 feet 8 feet 7 - 8 feet Angled 18 feet 18 feet N/A Turning radii Flexible Flexible Flexible Allevs Yes/Flexible Yes/Flexible Yes/Flexible 2.0 Streetsca a Standards Sidewalks /Trails/ 6 feet — 910 feet (6 feet 6 feet (minimum) feet (minimum) Walkways fflinifffflffl4 When there is a conflict between the 64e+�e foregoing standard and the city *s current Pathways Plan, the hi#w4 oregoing standard efke- t+rshall prevail. Planter/Planting Strip Tree wells or continuous I Tree wells or continuous Continuous planters Planter/Planting Strip 6 feet — 8 feet 6 feet — 8 feet 6 feet (minimum) Width Street Trees Required Yes/Flexible Yes/Flexible Yes/Flexible A— applicant shall submit a proposed street tree planting plan as a part of the Landscape Concept Plan, which shall be reviewed by the city's Landscape Administrator and must be appred by City Council at the time of Development Plan s °r and zoning change. The requirements for su�`'�`�' dscape concept plan are outlined in section 47.8 of this ordinance. 3.0 Open Space Standards Open Space* Required/Flexible; Required/Flexible, squares squares and plazas may be and greens may be appropriate ;ti appropriate Flexible, greens and parks may be appropriate. Conservation easements and/or environmental preserves may also be perrmuea. *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 47.7 { of this ordinance. Dedicated open spaces in the rr - aii. ., 44Hii a;4 .; f ID mays with Park Board and City Council grant of a variance, be applied as a credit up to ft-100 percento the park and open space dedication requirements in Ordinance 4.0 Block and Lot Standards Block Type Regular (square or Regular or irregular Regular or irregular rectangular) (square, rectangular, or (square, rectangular, or curvilinear based on curvilinear based on topography and vegetation) topography and vegetation) Block Dimensions Between 500 feet and— Between 500 feet and 1000 Less than 1,200 feet 800 feet feet (unless limited by unique site conditions such as topography and ' Alleys shall be required for all development with lots 60 feet or less in width. 47 -20 FINAL DRAFT ate- September 14, 2005 TABLE 47 -2 Standard RetailArea Retail Edge (T -1)/ Neighborhood Nei hborhood Edge (T -2) Lot Area Flexible Flexible Flexible Lot Width and Depth Flexible Flexible Flexible Maximum Lot Flexible Flexible Flexible Coverage Maximum Impei0ous Flexible Flexible Flexible Cover 5.0 Building Standards Building Height 3 stories ( 2 ' /2 - stories (maximum) 2 stories ( (excludin, anv basements) (excluding any basements) Setbacks* Front 30 feet (max 25 25 feet (max 4-0-25 feet (max Side Flexible Flexible Flexible Rear Flexible Flexible Flexible *Minimum setback standards are to be proposed by the deveieyq*-� or ..'e _shall be based on the minimum fi . separation standards adopted by the city's bl- dldiLg code. Accessory buildings Flexible Flexible Flexible Standards for accessory hff4d4ii�*i ises and structures shall be provided by the developer. The standards shall result in accessory buildings being subordinate in size and scale to the principal building. Section 34 Accessory Uses shall apply if the applicant does not specifically provide reggilations for accessory uses and strictures. Principal building Buildings shall be oriented to the primaty street or toward another focal point. See orientation stibseefie nsubsections 47.7 ( _` Q. 1,4` of t his e -dii i iieea) and (b) for additional efiteriirrequirements. Building facade & The deyeleper 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 s� subsections 47.7 ( and e) of this ordinance. 6.0 Site Design Standards Off - street parking The Eleyeleper shall propose appf-apfiate off- street parking standards for- ll requirements appropriate to seise the proposed uses in the TD. Section 35 shall be used as a guide to establish parking standards. However, 47.7 (fl shall regulate the location and design of all proposed off - street parking. Parking standards in the Transition District are intended to be flexible due to the mixed use nature, shared parking opportunities, and availability of on- street parking. Off - Street Loading Section 36 applies N/A N/A Screening • Trash/recycling receptacles Required/Flexible Required/Flexible Flexible - generally recommended along the alleyways, if alleys are provided. • Other utility See subsection 47.7 ( -5e� See subsection 47.7 (5 See subsection 47.7 (5 equipment • 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 47 -21 FINAL DRAFT ate- September 14, 2005 TABLE 47 -2 Standard RetailArea Retail Edge (T -1)/ Neighborhood Permit application to Cite Coirricil as per the city's Sign Ordinance, as amended. Slgnage in the TD shall integrate the streetscape and architectural design of the district through a palette of signs that enhances the Nei hborhood Edge (T -2) parking and sidewalks /trails and streets ■ Parking lot Flexible Flexible Flexible minimum interior landscaping # As The applicant shall provide a p6HW andscape concept plan with the development plan application —the that identifies landscape themes and general design approach addressing street tree planting, streetscape treatments, any required screening, parking lot landscaping, and landscaping proposed in all the identified open space areas. Information provided at the development plan phase may be schematic and conceptual meeting the design intent of the proposed development. Detailed landscaping plans shall be required at the site plan stage for all non - residential development. Lighting' ■ Building Required/Flexible Required /Flexible Flexible entrances ■ Parking areas, Required /Flexible Required /Flexible Requi " /Flexible trails, and streets T As a part of the development plan application, the devel 5 , er applicant shall propose lighting standards that includes street light standards and other amenities as apart of the streetscape treatment plan. The landscape conceptplan may be combined with a concept plan for lighting. Signs I Flexible I Flexible I Flexible Flexible signage in the Transition District may be proposed by the developer in the forin of a Conditional Sign Permit application to Cite Coirricil as per the city's Sign Ordinance, as amended. Slgnage in the TD shall integrate the streetscape and architectural design of the district through a palette of signs that enhances the pedestrian environment and creates a rmique idenfity. 47.7 Performance &- and Design Standards a. General Layout Standards 1. The proposed district shall contain a network of connected streets and walkways: Streets in the TD shall provide a variety of transportation routes and disperse traffic. ii. Streets ire —shall be designed to create a pleasant walking environment with on- street parking and streetscape treatments. iii. Cul -de -sacs are diseeufaged unless natural features such as topography or stream corridors pfehi 4 rp event a street connection. 47 -22 FINAL DRAFT i. The lots and a variety of buildings should generate a cohesive pattern that allows streets to be civic places. structures typical in the neighborhood and neighborhood edge /retail edge. Buildings shall should help define the sidewalk. 4 " iii. Driveway siz d locations shall minimize the impact of the automobile on the public realm and thus enhance the pedestrian experience. ding Orientation. rimary building facades for all non - residential and mixed use buildings rnt e oriented to the primary street or shall be oriented toward a focal uch as a landscaped street, plaza, or similar formal open space. ate September 14, 2005 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. vi. Average blocks widths shall be i-rrbetween 500 feet and 7-99800 feet. Blocks afe eiieeti faged +should vary in size ftii�'�based on the component sub- district. (-!}}vii. Blocks that are s igiiifieafffly - longer than 1,200 feet afe a ffeeti fag „, te should be bisected by a walking path. (e) Designa+ed 2. The proposed district shall contain designated sites for civic, institutional, and religious buildings__ Buildings such as schools, libraries, meeting halls, places of worship, and day care facilities should occupy prominent places in the TD and be planned in coordination with open spaces. (d) Mftffy 3. The proposed district shall contain many separate and human- scaled buildings: 2. Primary buildings shall have a minimum of 50% of their building fagade oriented along arterial, highway frontage, or collector streets and a minimum of 75% of their building facade oriented along other public or private streets (with the exception of alleyways) (see illustration below). 47 -23 FINAL DRAFT J 0 r a I I L Alley Parking piara S a h ate- September 14, 2005 Building Frontage Requirements @ Artehal /Collector /Highway Frontage Road: a + b �— 50% of total block dimension (ii) All other streets (except alleys): a* + b* + c* >= 75% of total block dimension along that street 1z Note. Plazas and squares shalt be counted towards conlribOng to the block frontage Block Dimension (100 %) Arterial or Collector 1 ax �C Ailey h Pin tedCr in the middle of the block . n ary j trance 1 Parking screened m alterM[ stre`el x I Retail Uses f... r Typical Site'Design and Building Orientation for Retail and Office Uses in the TD 47 -24 FINAL DRAFT i 2 .1 m J � � ate- September 14, 2005 Kesioenuai uses Tromnng - on the oommon green J r All SWace) rki}ig screenedd7 from residential uses i, J J ..J �rirraa ui# ing entrances Neigh orhoud Street fr t - street- ,77 Typical Site De;F and Building Orientation for Office rd Residential Uses in the TD C. Building Entrances. "', 1. Primary facades shall contain the main entrance of any principal building. All principal buildings in the Transition i e g distf istrict located on a primary street serving the development shall also have doors, windows, and other architectural features facing the primary street. Gefftef-Non- residential or mixed use corner buildings shall have at least one customer entrance facing each street or a corner entrance instead of two entrances. U. Building Facade Standards. 1. , 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 ��tr 47 -25 —'° Parking for residential uses FINAL DRAFT Jwte- September 14, 2005 3. The first floor elevation of single - family fes efff ,' s "ettifesdwellings shall be raised a minimum of two 2) feet above the finished level of the public sidewalk/trail in front of the residential structures. .e. Architectural Design Standards. Afehiteettifal des b , ^ iMs� ^M i 4^ b b efde1� 1. To ensure compatibility of building types and to relate new buildings to the building traditions of the region.--These - architectural design shall be regulated_ uoverned_ and enforced throuuh architectural design standards proposed by the applicant. The applicant shall submit the proposed standards as a part of the development plan application for all development in the TD a lid shall 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. b 2. Architectural design standards for a proposed Transition District shall -= i. specify the materials and configurations permitted for walls, roofs, ngs street furniture, and other elements. ; be ed on traditional building precedents from the region- 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 as, but not limited to, porches, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas, 47 -26 FINAL DRAFT ate- September 14, 2005 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 , masonry, stucco, stone, terra cotta, ceramic tiles, and similar durable architectural materials are allowed and shall be approved with the Development Plan for the district 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 not be visible be etit of . 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. 6, f. Location and Design of Off - Street Parking. 1. The applicant shall provide standards for the quantity of off - street parking proposed in the district based on an analysis of the parking demand for the mix of uses proposed and availability of on- street parking in the district. The proposed off - street parking standards shall be approved by City Council in the ordinance establishing the district. Section 35 shall be used as a guide to establish the amount of parking required for uses �� "�'proposed in the TD if the applicant does not specifically provide alternative standards 2. A P-parking lot-s for non - residential uses shall be located at the side or rear of a building. If located adjacent to a street or a residential use, screening shall be provided in the form of —. landscape fence which is at least 4 feet in heieglit. 3. -Parking lot-s may not be adjacent to a street intersection or square, or Abccupy a lot-s that terminate a street vista. 4. Shared parking facilities are encouraged for non- residential uses in the TD. 5. Bicycle parking shall be provided for non - residential uses, especially for schools, parks, trails, and other recreational facilities. Bicycle parking shall be provided at a rate of 5% of all off - street automobile parking 47 -27 FINAL DRAFT ate- September 14, 2005 spaces provided for non - residential and mixed uses in the development. 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 roadway and the building facades as long as their location does not impede pedestrian walkways. 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 non collector streets and 50% or less n arterial, collector, and highway frontage streets (see correspond building frontage requirement). 6. Any off - street parking provided for residential uses shall be located in such a manner as to minimize the impact of garages and driveways along the residential street. All residential lots that are 60 feet or less in width shall have off - street parking and /or garages accessed from alleys. All lots wider than 60 feet may have front loaded garages, but in no case shall the width of the garage exceed 30% of the front facade width of the entire building. In addition, the garage shall be set back at least three (3) feet from the front fa ade of the homy' � �• N -7 U. Size of Primary Buildings. as follows: Use of building, Retail sales and service Financial and office uses Civic religious, educational and i institutional) Maximum Building Footprint 10,000 47 -28 FINAL DRAFT h. Open Space Standards. ate September 14, 2005 1. The provision of adequate and appropriate open space areas shall be integral to all development in the TD district . The minimum requirement for open space in the district is 15% of the area of the site pie be- which shall be dedicated open space and shall be included in the zoning change /development plan application— for a proposed TD. 2. The open space provided shall be appropriately designed and scaled in each of the district components . _ 3+. -_The following bti� criteria shall be used to evaluate the merits of proposed open spaces in the TD transition district i. The extent to which environmental elements preserved are considered as "features" or "focal points" and integrated into and prominently featured as "front yards" in the development,; adding value to the development.. ii. The extent to which emph sis has been placed on preservation of existing wooded areas, view sheds, water bodies, topography, and 4-43 1 0-p6 5 en spaces may be in the form of pocket parks, children's play areas, squares, linear greens, and eensefvatten afeasenvironmental preserves Active sports fields and structured recreational activities shall be limited to h less than 10% of any parks located in the TD district . 4. Plazas and sauares shall be permitted onlv 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 1 /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. 5. In addition to the above, an application for development apphea4ieiis in the TD shall subfiiifinclude an open space management plan to be approved by City Council at the time of the zoning /development plan application which shall includ . 47 -29 FINAL DRAFT ate- September 14, 2005 i. d -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 —; 1. An � apalicant requesting a rezoning to the TD shall he submit a Development Plan that meets the requirements of 6k subsection 47.8.b.(2) and includes the informational requirements for a Development Plan in the NR -PUD under Section 40 of this ordinance. 2 The Planning w and Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning w and Zoning Commission or City Council deems appropriate . The Development Plan shall be approved with the ordinance establishinu the Transition District. If the applicant elects, the City Council may approve a site plan in conjunction with the Development Plan for all or a portion of the district at the time of the creation of the district by ordinance. Iq 47 -30 FINAL DRAFT b. Plan Review Process. ate- September 14, 2005 ii. The applieffi4 shall l d demonstrate compliance with the District's purpose and standards and the Southlake 2025 Plan fef T1 -- - r— - - -- �— — f� -- - - - - f ** - as amende Mftp (b) include a map that : es meeting all the informational requirements for a b Zoning Change /Development Plan in the NR -PUD district (as listed under Section 40), and meeting the standards of this section including: 47 -31 FINAL DRAFT fie- ,September 14, 2005 (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 and ati itidieatie 1 4 ea whether each twill be privately owned, a common area for residents only or dedicated to public use; (4) the location, ftefeftge and percentages of retail, office, residential, civic, and open space uses; LLL A statement iiidie tiw,— the purpose and intent of the pfejeet proposed district cription of the mix of land uses and the which ensure compatibility both within the with adjacent land uses, and compliance with the recommendations of all the adopted elements of the Southlake 2025 Plan_ the city's development site, Comprehensive Master Plan; 3) anv saecial standards for siunaue 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, 4) a parkinu demand analvsis for the mix of uses proposed to support the on- street and off - street parking to be provided in the development, especially if the applicant is not using Section 35 as a guide. 47 -32 FINAL DRAFT ate- September 14, 2005 (5) s -Statistical information including: Gfess a daily and peak hour trip generation and directional distribution report by use fflay be reEttti ed unless the Director of Public Works preparation and submission of a study vi. the maximum allowable building coverage, density, and height; and vii. the minimum building setbacks. 6 street design standards, with typical cross - sections and street classifications for the proposed develepffiefl district (or for each phase, if it is to be developed by phases) specifying minimum pavement width, right -of -way width, presence of curbs, on- street parking, street trees, bikeways and sidewalks; (7) d -Development standards for the proposed develepffiefl district (or for each phase, if it is to be developed by phases) specifying Vie - standards 47 -33 FINAL DRAFT ire- September 14, 2005 for all the "flexible" elements by each TD component area in the form of a table; (8) a Architectural design standards for the proposed district (or for each phase, if it is to be developed by phases) specifying materials and configurations permitted for walls, roofs, openings and other elements, renderings, and typical elevations; (9) Aa landscape concept plan that includes_ the design direction and general schematics for all proposed landscaping including all aspects of the public realm such as street trees, streetscape treatments, pavement details, front yards, and medians i proposals for required parking lot landscaping, screening, design concepts for all open spaces, lighting, and any other information required by City Council; 1( O) a An open space matiagement plan as outlined in subsection 47.7 (7} C6) hereof and Ci) the proposed order of construction by section delineated on the Development Plan; 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 to the review of a specific development. 47 -34 FINAL DRAFT ate- September 14, 2005 3. Site Plan. Si Pl afis 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 €er review only after the City Council has approved a development plan ha-�, for that area incorporated by the site plan. Site P'afts s! b & sh all if b sh leis all 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 Texas Local Government Code Chapter 211, as amended. If an applicant submits an application for approval of a Development single application. receiving a recommendation of the Planning and Zoning Commission. iii. An application for site plan approval shall contain the information ,! set forth in Section 40.4. A buildin be approved after Development Plan, Preliminary Plat and Final Plat approval and filing at the county clerk's office and only if the design of the proposed residential use meets the approved development plan standards 47 -35 FINAL DRAFT ate- September 14, 2005 47.9 Modifications The City Council may approve modifications to any of the �e andards in the transition district after a recommendation by the Planning &and Zoning Commission based on unique site conditions and development intent at the time of the ehange,lde��elepfiieftt p! application. In granting a modification, the City Council may impose any conditions that it deems necessary or desirable to protect the public interest and implement the goals of the Southlake 2025 Plan. However, an applicant may submit to the Board of Adjustment a request for a variance and the Board may grant variances to ffU– established standards approved by the City Council in the ordinance establishing the particular transition district b de��ele . 47.10 Amendments to Approved Plans or Regulations Established in a Transition District Ordinance The Planning Director may approve minor changes to and deviations from � l�an approved site Ian n-s with the applicant's written justification o the ftatefe -effor such 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 &- 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 p lan - 2. whether there is an increase in the number of residential units, 47 -36 ■ ■ 47.9 Modifications The City Council may approve modifications to any of the �e andards in the transition district after a recommendation by the Planning &and Zoning Commission based on unique site conditions and development intent at the time of the ehange,lde��elepfiieftt p! application. In granting a modification, the City Council may impose any conditions that it deems necessary or desirable to protect the public interest and implement the goals of the Southlake 2025 Plan. However, an applicant may submit to the Board of Adjustment a request for a variance and the Board may grant variances to ffU– established standards approved by the City Council in the ordinance establishing the particular transition district b de��ele . 47.10 Amendments to Approved Plans or Regulations Established in a Transition District Ordinance The Planning Director may approve minor changes to and deviations from � l�an approved site Ian n-s with the applicant's written justification o the ftatefe -effor such 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 &- 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 p lan - 2. whether there is an increase in the number of residential units, 47 -36 ■ 47.9 Modifications The City Council may approve modifications to any of the �e andards in the transition district after a recommendation by the Planning &and Zoning Commission based on unique site conditions and development intent at the time of the ehange,lde��elepfiieftt p! application. In granting a modification, the City Council may impose any conditions that it deems necessary or desirable to protect the public interest and implement the goals of the Southlake 2025 Plan. However, an applicant may submit to the Board of Adjustment a request for a variance and the Board may grant variances to ffU– established standards approved by the City Council in the ordinance establishing the particular transition district b de��ele . 47.10 Amendments to Approved Plans or Regulations Established in a Transition District Ordinance The Planning Director may approve minor changes to and deviations from � l�an approved site Ian n-s with the applicant's written justification o the ftatefe -effor such 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 &- 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 p lan - 2. whether there is an increase in the number of residential units, 47 -36 FINAL DRAFT Jwte- �S'eTtember 14, 2005 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 TD, it must be processed as an amendment to the Zoning Ordinance, and must be approved by the City Council after a recommendation from the Planning and Zoning Commission. C. If the City receives an application to rezone only a portion of the property within a TD 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 47 - 37 context of the proposed chance, es. 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 SECTION 3 That Section 5.02 of Ordinance No. 483, the City of Southlake Subdivision Ordinance, is hereby amended by the addition of a new subsection E, which shall be and read as follows: "The requirements of Section 5.02.A. shall not apply to a plat of a subdivision in a Transition District. Rather, the City Council shall establish right -of -way widths based upon Section 47 of the Comprehensive Zoning Ordinance, as amended, and traffic engineering studies." SECTION 4 That Section 5.03 of Ordinance No. 483, the City of Southlake Subdivision Ordinance, is hereby amended by the addition of a new sentence to subsection A, which shall be and read as follows: "The requirements of Section 5.03.A. shall not apply to a plat of a subdivision in a Transition District. Rights -of -way in a transition district shall be established by the City Council based upon the provisions of Section 47 of the Comprehensive Zoning Ordinance, as amended, street typology, and upon traffic engineering studies." SECTION 5 That subsections B, I, and J of Section 5.03 of Ordinance No. 483, the City of Southlake Subdivision Ordinance, are hereby amended by the addition of a new sentence to each subsection which shall be and read as follows: "The requirements of this section shall not apply to a plat of a subdivision in a Transition District." SECTION 6 All rights or remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of Ordinance No. 480, 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. SECTION 7 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 8 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 Section One of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. 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 Section Three of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9 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 10 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 11 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 12 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR day of , 2005. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY :1 CCC