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Item 5MCity of Southlake Department of Planning MEMORANDUM November 30, 2005 TO: The Honorable Mayor and City Council FROM: Ken Baker, A1CP, Planning Director SUBJECT: Ordinance 480 - FFF, Amendment to the Comprehensive Zoning Ordinance — addition of the Employment Center Zoning District (Proposed Section 49) REQUESTED ACTION: Conduct a first reading of Ordinance 480 - FFF. BACKGROUND: One of the key strategies following the approval of the new land use categories in the Southlake 2025 Plan has been the creation appropriate zoning districts to facilitate more flexible development to implement the vision of the plan. Two new zoning districts, the Transition Zoning District and the Rural Conservation Subdivision Zoning District, have been approved to date. Staff is bringing forward the Employment Center Zoning District to implement the recommendations of the Employment Center Land Use Category. The purpose of the Employment Center (EC) land use designation and the corresponding zoning district is to provide for a comprehensive set of design standards and guidelines for the development of the City's premier corridor — the S.H. 114 Corridor. The proposed zoning district is intended for a continuum of development from the highest intensity mixed use development immediately adjacent to the highway to the lowest intensity residential uses adjacent to existing neighborhoods. At their regular meeting on November 17, 2005, the Planning and Zoning Commission unanimously recommended approval of the proposed zoning district. Attached with this memo is the Planning and Zoning Commission recommended copy of the new Section 49 — Employment Center Zoning District (EC) of Zoning Ordinance 480. FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: Yes CITY COUNCIL ACTION: None P &Z ACTION: November 17, 2005; Conducted a Public Hearing on the proposed Ordinance 480 -FFF and approved (5 -0) the proposed Section 49. ATTACHMENTS: Proposed Section 49 — Employment Center Zoning (EC) District ORDINANCE NO. 480 -FFF AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING SECTION 49 ESTABLISHING THE EMPLOYMENT CENTER ZONING (EC) DISTRICT; PROVIDING DEFINITIONS, USES, AND STANDARDS FOR DEVELOPMENT; PROVIDING FOR THE APPROVAL PROCESS; 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 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the addition of a new Section 49, which shall read as follows: Section 49 Employment Center Zoning (EC) District 49.1 Relationship to the Comprehensive Master Plan The Employment Center Zoning (ECZ) District implements the following goals and objectives of the Southlake 2025 Plan — Phase 1: Maintenance of a balanced approach to growth and development in order to preserve the city's assets (schools, public safety, and competitive edge in the region) and its fiscal health; 2. Promotion of the development of commercial and mixed -use development with an emphasis on design detail and performance standards such as building and street design, pedestrian/automobile orientation and transition to adjacent uses; Encouragement of a range of uses, including retail, office, hospitality, entertainment, industrial and residential, that is both responsive to changing market conditions and sustains growth in property values for the future; and 4. Assurance that the character and quality of Southlake's built environment, relative to commercial development, contribute to desired community character objectives and foster a positive relationship between the taxable value of real property and the corresponding cost of municipal services. b. The EC Zoning District implements the goal for the S. H 114 corridor of the Southlake 2025 Plan — Phase 11 to create an employment center (EC) land use category that provides a tiered approach to development along the highway corridor. This new land use category provides for the highest intensity of development immediately adjacent to the highway and decreasing intensities as development moves away from the highway and closer to existing low intensity residential neighborhoods. 49.2 Purpose and Intent The EC Zoning District is intended for a continuum of development from the highest intensity mixed use development immediately adjacent to the highway to the lowest intensity residential uses adjacent to existing neighborhoods. It is intended to apply to contiguous properties that are a minimum of 50 acres. The Employment Center Zoning District is intended to: promote development that enhances Southlake's position as a premier location for corporate campuses and quality commercial development; b. promote development that is concurrent to proposed capital improvement projects, thus not burdening the city's infrastructure; facilitate development that establishes a unique visual and economic identity for Southlake in the Dallas -Fort Worth Metroplex; d. protect and enhance critical environmental and natural features; allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses to create economic vitality; f. develop commercial and mixed -use areas that are safe, comfortable and attractive to pedestrians; g. provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace; h. reinforce streets as public places that encourage pedestrian and bicycle travel; i. provide roadway and pedestrian connections to residential areas; encourage efficient land use by facilitating compact development and minimizing the amount of land that is needed for surface parking; k. provide appropriate locations and design standards for automobile- and truck - dependent uses; and 1. maintain mobility along traffic corridors and state highways. 49.3 Definitions The following definitions shall apply to uses and category of uses listed in the EC Zoning District schedule of uses and to other terms used in Section 49 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 feet in width, parallel to each side of 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. Business, Professional, and 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 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, religious, or government functions. Conservation Easement 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 providing guidelines for the appropriate location, concentration, and intensity of future development by land use categories. Continuous Planting Strips Continuous planting strips landscaping verges between the vehicle lane /parking lane and the sidewalk. These planting strips run parallel along the sidewalk with a few breaks for pedestrian access from the parking lane to the sidewalk. These areas may be used for street trees and other landscaping including shrubs and ground cover to soften the edge of the pavement. 6 J Planting Stnps —de Lane Examples of continuous planting strips Commercial Core Area The Commercial Core Area is a component sub - district of an Employment Center Zoning District with the highest intensity of non - residential (retail and office) uses and open spaces (squares and plazas). Limited residential uses may be appropriate in mixed use buildings. Court A court is an unoccupied space, open to the sky, 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, Closed 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. I I L c F_ Image of typical courts EC Edge The EC Edge is a component sub - district of the Employment Center Zoning District located between the EC Core Area and EC Neighborhood and is composed of predominantly office, residential uses, open spaces, and limited retail uses. (t M p! J M Sidewalk - - ' Parking a anef ,. e ; .r :: I ' 'a" g ' —de Lane Examples of continuous planting strips Commercial Core Area The Commercial Core Area is a component sub - district of an Employment Center Zoning District with the highest intensity of non - residential (retail and office) uses and open spaces (squares and plazas). Limited residential uses may be appropriate in mixed use buildings. Court A court is an unoccupied space, open to the sky, 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, Closed 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. I I L c F_ Image of typical courts EC Edge The EC Edge is a component sub - district of the Employment Center Zoning District located between the EC Core Area and EC Neighborhood and is composed of predominantly office, residential uses, open spaces, and limited retail uses. Environmental Preserve An environmental preserve is natural open space reserved for land that is under permanent conservation. It consists of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and 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. IS r i y a. N. Typical environmental preserves along creeks and flood plains Facade Fagade(s) is the front of the building facing or oriented toward a street or roadway, excluding alleyways. Full- service Hotels Full- service hotel establishments are buildings with habitable rooms or suites which are reserved for temporary lodging for guests who rent rooms or suites on a daily basis, and with: i. A minimum area of 300 square feet in each guest room; ii. Either (a) a full service restaurant with full kitchen facilities providing service to the general public or (b) a kitchen on the premises in which meals are prepared by the management or a concessionaire of the management for room service delivery; iii. On -site staff required seven (7) days a week, twenty -four (24) hours per day; and iv. A minimum of one thousand (1,000) square feet of meeting or conference room. Full- service Restaurant 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. Human Scale or Pedestrian Scale Human scale is the proportional relationship of a particular building structure, or streetscape element to the human form and function. Human scale relates the size and /or height of a structure to the height and mass of a pedestrian traveling along the sidewalk or street adjacent to that structure. Landscape Concept Plan A landscape concept plan is a series of drawings that includes design direction and general schematics for all proposed public and private landscaping. Drawings do not have to detail every element but provide images that convey the important landscape design themes. Live -work Unit A live -work unit is a dwelling unit that is also used for work purposes, provided that the `work' component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The `live' component may be located on the street level (behind the work component) or any other level of the building. 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. 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 Examples of typical greens future land use allocation and intensity. Neighborhood A neighborhood is a component sub - district of the Employment Center Zoning 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 city's Master Trail System Plan, an element of the city's most recent Comprehensive Plan, as adopted by the City Council. Personal Services This is a category for limited personal service establishments 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 A plaza is an open space available for civic purposes and limited commercial activities. A plaza is spatially defined by buildings and its landscape shall consist primarily of pavement with trees being optional. Plazas are to be located in the EC Core Area or the EC Edge and shall be under a' /4 acre in size. Plazas can be wider sidewalks or extensions of sidewalks for the purpose of providing outdoor seating for restaurants and cafes. L__J L r Image of a typical plaza. 10 Examples of typical parks 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 building. Primary Entrance The primary entrance is the main or principal 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 principal 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 a highway frontage road, an arterial or collector roadway to the Employment Center 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. Residential Loft Residential loft is typically a residential unit designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Retail Sales or 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, consumer goods, other grocery, food, specialty food, beverage, dairy, etc, and health and personal services. Single - Family Residential, Detached 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. II 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. Square A square is generally a geometrically symmetrical open space of /z to 2 acres, available for unstructured recreation and civic purposes. A square is spatially defined by streets and buildings, at least on three sides. Its landscape consists of paths, lawns, and trees, all formally arranged. a1 s� 4 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 and includes trees inside and outside the street right -of -way. Streetscape Treatments Streetscape treatments include all improvements in a 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. 12 Examples of typical squares Street Typology Street typologies are overlay designations to the functional classification ofthe city's 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 design, landscaping, pedestrian mobility, intersection treatments, building design, and adjacent land uses. 49.4 Employment Center Zoning District Component Requirements Generally. An Employment Center Zoning District shall consist of a minimum oftwo of three distinct components designated in the ordinance creating the district: a Commercial Core Area, an Edge, and a Neighborhood together with open space. The components may vary, depending on the specific land use categories of EC -1, EC -2, and EC -R. All EC districts shall contain open spaces scaled and designed to preserve existing wooded areas, stream corridors and views, and invite passive recreational activities. b. Commercial Core Area. The core area (CA) shall be the primary location of large scale retail uses and offices for business, professional and technical uses in the Employment Center Zoning District and is appropriate for properties designated as EC -1 in the Consolidated Future Land Use Plan. The location of the core area relative to the other components shall be based upon the Scale and Context Criteria for the EC -1 land use category in Section 4 of that Plan, as amended. EC Edge. The EC edge component is appropriate in areas designated as EC -2 in the Consolidated Future Land Use Plan. The location of the edge shall generally meet the Scale and Context Criteria for the EC -2 land use category in Section 4 of that Plan. The edge may contain a mix of retail, office, and residential uses. However, it shall mainly consist of office and residential uses with retail uses limited to street intersections in the EC Edge. d. Neighborhood. The neighborhood component is appropriate in areas designated as Employment Center Residential (EC -R) in the Consolidated Future Land Use Plan. The location of the neighborhood shall be determined based upon the overall character and design of the proposed district and the following criteria: The neighborhood component is to be located between the EC Edge 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. 13 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. 4. Uses in the neighborhood shall be to the density and scale that is appropriate based on the context and character of the proposed district. e. Open Space. The open space component shall be integrated into the overall design of the Employment Center Zoning 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 EC District. 2. Squares and plazas may serve as open spaces and are appropriate in the EC Commercial Core and Edge components. Parks, greens, and environmental preserves are appropriate in any component. 3. The open space component shall generally meet the Scale and Context Criteria for Open Space in the EC land use category, depending upon the district within which it is located, as set forth in the Consolidated Future Land Use Plan, Section 4. 49.5 Schedule of Uses a. Uses within the EC Zoning district shall be in accordance with the following schedule of uses. P = Permitted (All Development Standards in Section 49 apply) P* = Permitted only where identified and based on specific criteria in the EC Development Plan approved by City Council. NP = Not Permitted SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply in addition to Section 49) A = Permitted as an accessory use (Standards in Section 34 shall apply unless the applicant proposes alternative standards for accessory uses and structures subject to City Council approval.) EC -C = EC Commercial Core EC -E = EC Edge EC -N = EC Neighborhood 14 Table 49 -1 Use Status LAND USE CATEGORY EC -C EC-E EC-N Commercial Uses (Office & Retail Uses) • Retail Sales or Service with no drive through facili ty . Excluded from this category are retail sales and services establishments geared towards the automobile, including gasoline service stations. P P* NP • Finance, Insurance, and Real Estate establishments including banks, financial institutions, investment banks, insurance related establishments, credit unions, real estate, and property management services, with no drive through facili P P NP • Offices for business, professional, and technical uses such as accountants, architects, lawyers, doctors, business support services, 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 • Bars or drinking establishments SUP P* /SUP NP Arts, Entertainment, and Recreation Uses • Fitness, recreational sports, gym, or athletic club P P* NP • Games arcade establishments P P* NP • Theater, cinema, dance, or music establishment P NP NP • Museums and other special purpose recreational institutions P NP NP • Parks, greens, plazas, squares, environmental reserves, and playgrounds P P P Educational, Public Administration, Health Care 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 uses P P P* • Social and fraternal organizations P P NP • Hospitals P NP NP • Public uses including administration, libraries, courts, and public safety facilities P P* NP • Religious institutions P P* NP Residential Uses • Full- service Hotels P P* NP • Home Occupations N/A A A • Live/Work units P* P* NP • Residential Lofts P* P* NP 15 Table 49 -1 Use Status LAND USE CATEGORY EC -C EC-E EC-N • 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 • Outdoor vendor sales SUP NP NP • Parking, structured P* P* 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 • Veterinary clinic (no outdoor facilities for overnight storage of animals) SUP NP NP • Information centers P P P* b. The percentages recommended in the paragraph entitled "Land Use Mix ", as set forth in the EC -1, EC -2, and EC -R Employment Center 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 Core Area shall contain the land use mixes identified in the Consolidated Future Land Use Plan as EC -1 and /or Employment Center 1. The Edge area shall contain the land use mixes identified in the Plan as EC -2 and /or Employment Center 2 and the Neighborhood Area shall contain the mixes identified in the Plan as EC -R and /or EC- Residential. 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 49 -1 is prohibited. 49.6 Development Standards a. Development in the Employment Center District shall be exempt from the following standards: 1. Section 39 — Screening, Ordinance 480 (with the exception of all lots immediately adjacent to existing residential development); 2. Section 42 — Bufferyards, Ordinance 480 (with the exception of all lots * * Model homes are limited to a time period until all the homes are sold in the neighborhood. 16 immediately adjacent to existing residential development); 3. Section 43 — 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; Sections 5.03 A, B, I, and J; 5.06 A and 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. C. The following standards shall apply to development in the Employment Center District. Most standards have a numerical range and few have a specific numerical value. Due to the inapplicability of one development standard across all Employment Center 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 49.8 for development plan submittal requirements in the EC district). TABLE 49 -2 Standard EC Commercial Core EC Edge EC Neighborhood 1.0 Street Design Standards (This standard applies only to new streets located in the Employment Center 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 are prohibited and residential streets may have a pavement width of 32 feet with parking on both sides of the street. To meet fire safety standards, the applicant 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). The right -of -way widths for streets in the EC shall depend on the street typology and streetscape standards proposed and approved in the ordinance creating the district. The minim right -of -way (R -O -V) width shall be 50 feet for all streets and 15 feet for alleys. Design speed <25 mph (except new <_25 mph (except new < 25 mph collector or arterial collectors) streets) Street typologies Boulevards: 4 -lane Boulevards: 4 -lane Avenues: 2 -lane allowed divided) divided divided Avenues: 3 -lane Avenues: 3 -lane Residential streets: 2- divided divided lane undivided Main streets and Residential streets: 2- Alleys Residential streets: 2- lane undivided lane undivided Alleys Alleys Travel lane widths* Flexible Flexible Flexible 17 TABLE 49 -2 Standard EC Commercial Core EC Edge EC Neighborhood *Curbside lanes may be wider only if they are designed to accommodate bicyclists as identified by 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 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 — 10 feet 6 feet (minimum) 5 feet (minimum) Walkways When there is a conflict between the foregoing standard and the city's current Pathways Plan, the foregoing standard shall prevail. Planter/Planting Strip Tree wells or Tree wells or Continuous planters Type continuous planters continuous planters Planter or 6' X 6' tree well or 6' X 6' tree well or Planting Strip Width 6 feet — 8 feet planting 6 feet — 8 feet planting 6 feet ( strip strip planting stri Street Trees Required Yes/Flexible Yes/Flexible Yes/Flexible The 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 approved by City Council at the time of Development Plan and zoning change. The requirements for the landscape concept plan are outlined in section 49.8 of this ordinance. 3.0 Open Space Standards Open Space* Required/Flexible; Required/Flexible, Flexible, greens and squares and plazas squares and greens may may be may be appropriate be appropriate appropriate. Conservation easements and/or environmental preserves may also be p ermitted. *Overall open space allocations in the EC district shall be a minimum of 15% of the gross area of the entire site included in the EC development plan and shall be distributed appropriately between the EC components. Higher open space allocations may be eligible for bonuses outlined in Section 497.g. The location and design of appropriate open spaces shall be based on Section 49.7 of this ordinance. Dedicated open spaces in the Employment Center District may, with Park Board and City Council grant of a variance, be applied as a credit up to 100 percent of the park and open space dedication requirements in Ordinance 483. ' Alleys shall be required for all development with lots 60 feet or less in width. 18 TABLE 49 -2 Standard EC Commercial Core EC Edge EC Neighborhood 4.0 Block and Lot Standards Block Type Regular (square or Regular or irregular Regular or irregular p roposed off- street parking including any structured parking proposed. rectangular) (square, rectangular, or (square, rectangular, Section 36 applies Section 36 applies curvilinear based on or curvilinear based topography and on topography and vegetation) vegetation) Block Dimensions Between 500 feet — Between 500 feet and Less than 1,200 feet 800 feet 1000 feet (unless limited by unique site conditions such as topography and vegetation) Lot Area Flexible Flexible Flexible Lot Width and Depth Flexible Flexible Flexible Maximum Lot Coverage Flexible Flexible Flexible Maximum Impervious Flexible Flexible Flexible Cover .5.0 Building Standards Building Height* 5 stories (maximum) + 3 stories (maximum) 2 stories (maximum) 1 bonus floor (see (excluding any (excluding any Section 49.7.g) basements) + 1 bonus basements) floor (see Section 49.7.g) Setbacks* Front 30 feet (maximum) 25 feet (maximum) Flexible Side Flexible Flexible Flexible Rear Flexible Flexible Flexible *See Section 49.7 or bonus oor rovisions * *Minimum setback standards are to be proposed by the applicant or shall be based on the minimum fire separation standards adopted by the city's buil i . ng code. Accessory buildings I Flexible Flexible Flexible Standards for accessory uses and structures shall be provided by the applicant. 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 rovide regulations for accessory uses and structures. Principal building Buildings shall be oriented to the primary street or toward another focal point. See orientation subsections 49.7 (a) and (b) for additional requirements. Building fagade & The applicant shall propose appropriate building fagade and architectural design architectural design standards for all the EC components in the development with the application for standards zoning change /development plan. They shall be based on the criteria established in subsections 49.7 (d) and (e) of this ordinance. 6.0 Site Design Standards Off - street parking The applicant shall propose off - street parking standards appropriate to serve the requirements proposed uses in the EC. Section 35 shall be used as a guide to establish parking standards but parking standards shall be established in the ordinance creating the EC district. However, 49.7 (f) shall regulate the location and design of all p roposed off- street parking including any structured parking proposed. Parking standards in the Employment Center District are intended to be flexible due to the mixed use nature, shared p arking opportunities, and availability of on- street parki n . Off- Street Loading Section 36 applies Section 36 applies N/A Screenin 19 TABLE 49 -2 Standard EC Commercial Core EC Edge EC Neighborhood • Trash/recycling Required/Flexible Required/Flexible Flexible — generally receptacles recommended along the alleyways, if alleys are provided. • Other utility See subsection 49.7 (e) See subsection 49.7 (e) See subsection 49.7 equipment (6) (6) (e) (6) • Loading spaces See subsection 49.7 (e) See subsection 49.7 (e) N/A Required/Flexible • Surface parking Required/Flexible Required/Flexible areas Landscaping" Landscape buffer Yes/Flexible Yes/Flexible Yes/Flexible between surface parking and sidewalks /trails and streets Parking lot minim Flexible Flexible Flexible interior landscapin # The applicant shall provide a landscape concept plan with the development plan application 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 developmentplan phase may be schematic and conceptual meeting the design intent of the proposed development. Detailed la dscaping plans shall be required at the site plan sta e or all non - residential develo ment. Lighting' Building entrances Required/Flexible Required /Flexible Flexible Parking areas, trails, and streets Required /Flexible Required /Flexible Required /Flexible T As a part of the development plan application, the applicant shall propose lighting standards that includes street light standards and other amenities as apart of the streetscape treatmentplan. The landscape conceptplan may be combined with a concept plan for lighting. Signs I Flexible Flexible Flexible Flexible signage in the Employment Center Zoning District may be proposed by the developer in the form of a Conditional Sign Permit application to City Council as per the city's Sign Ordinance, as amended Signage in the EC Zoning District shall integrate the streetscape and architectural design of the district through a palette of signs that enhance the pedestrian environment and create a unique identity. 49.7 Performance and Design Standards a. General Layout Standards. 1. The proposed district shall contain a network of connected streets and walkways: i. Streets in the EC Zoning District shall provide a variety of transportation routes and disperse traffic. ii. Streets shall be designed to create a pleasant walking environment with on- street parking and streetscape treatments. 20 iii. Cul -de -sacs are prohibited unless natural features such as topography or stream corridors prevent 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. vi. Average blocks widths shall be between 500 feet and 800 feet. Blocks should vary in size based on the component sub - district. vii. Blocks that are longer than 1,200 feet should be bisected by a walking path. 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 EC district and be planned in coordination with open spaces. 3. The proposed district shall contain many separate and human - scaled buildings: i. The lots and a variety of buildings should generate a cohesive pattern that allows streets to be civic places. ii. Building heights should vary, with two story structures typical in the neighborhood and two to three story structures in the EC Edge. Buildings in the employment center should help define the sidewalk. iii. Driveway sizes and locations shall minimize the impact of the automobile on the public realm and thus enhance the pedestrian experience. b. Buildin( Orientation. 1. Primary building facades for all non - residential and mixed use buildings shall be oriented to the primary street or shall be oriented toward a focal 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 fagade oriented along other public or private streets (with the exception of alleyways) (see illustration below). 21 J v I � 0 I I I Alley Parking pi square a h L Building Frontage Requirements (i) Alerial /Collector /Highway Frontage Road: a + b:­ 50% of total block dimension (ii) Al other streets (except alleys): a' + b' + c' >= 75% of total block dimension along that street Note: Plazas and squares shall be counted towards condributing to the block frontage Block Dimension (100%) Arterial or Collector r I Buildinz Entrances. Primary facades shall contain the main entrance of any principal building. 2. All principal buildings in the Employment Center Zoning District located on a primary street serving the development shall also have doors, windows, and other architectural features facing the primary street. 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. d. Building Fagade Standards. All 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. The first floor elevation of single - family dwellings shall be raised a minimum of two (2) feet above the finished level of the public sidewalk/trail in front of the residential structures. Architectural Design Standards. 22 1. To ensure compatibility of building types and to relate new buildings to the building traditions of the region, architectural design shall be regulated, governed, and enforced through 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 EC district. 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. Architectural design standards for a proposed Employment Center District shall: i. 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; iii. include the following: (a) architectural compatibility among structures within the neighborhood; (b) human scale design; (c) pedestrian use of the entire district; (d) relationship to the street, to surrounding buildings, and to adjoining land uses; and (e) special architectural treatment of gateways /civic buildings. 3. 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, plazas, courts, or other treatments to create visual interest, community character, and promote a sense of pedestrian scale. 4. All buildings in the EC Zoning District 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. 5. 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 23 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 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. All buildings in the EC Zoning District shall comply with the applicable Employment Center District Form Standards contained in Appendix B of the Consolidated Future Land Use Plan. For purposes of applying these standards, the standards to apply to the EC- Neighborhood and EC -N are the same as those for that area designated on Appendix B of the Consolidated Future Land Use Plan as EC -R and /or EC- Residential; the standards to apply to the Core Area are the those for the area designated on Appendix A as EC -1 and /or Employment Center 1; and the standards to apply to the Edge Area are those for the area designated on Appendix B as EC -2 and /or Employment Center 2. 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. Section 3 5 shall be used as a guide to establish the amount of parking required for uses proposed in the EC Zoning District if the applicant does not specifically provide alternative standards. The City Council shall establish the parking standards in the ordinance establishing the district. 2. All surface parking lots 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 a landscape fence which is at least 4 feet in height. 3. A parking lot may not be adjacent to a street intersection or square, or occupy a lot that terminate a street vista. 4. Shared parking facilities are encouraged for non - residential uses in the EC district. 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 spaces provided for non - residential and mixed uses in the district. Bicycle parking may be shared between uses and should be centrally located, easily accessible, and 24 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 on arterial, collector, and highway frontage streets (see corresponding building frontage requirement). 7. 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 fagade width of the entire building. In addition, the garage shall be set back at least three (3) feet from the front fagade of the home. g. Bonus Provisions. 1. Development in the Employment Center Zoning District Commercial Core and Edge shall be eligible for specific bonuses if the district provides for: i. a greater area of dedicated open space than the 15% requirement of subsection h.; ii. the preservation of significant tree stands to create a contiguous network of open spaces; and /or iii. the dedication of acreage for permanently protected open space pursuant to the Southlake Conservation and Development Program for permanently protected open space in areas designated as Rural Conservation land use in the Consolidated Future Land Use Plan map. 2. The Planning and Zoning Commission and the City Council shall evaluate the type and amount of dedicated open space as described in subsection 1 above, in the context of the proposed uses and the features of the site, and the Commission may make a recommendation to the City Council and the City Council may: i. increase the number of floors permitted in the EC Core to six stories and in the EC Edge to four stories; or ii. increase the development intensity permitted in any or all of the component EC sub - districts. 25 h. Open Space Standards. I . The provision of adequate and appropriate open space areas shall be integral to all development in the district. The minimum requirement for open space in the district is 15% of the gross area of the site which shall be dedicated open space and shall be included in the zoning change /development plan application for a proposed EC district. Any open space provided in excess of 15% may be eligible for bonus provisions as outlined in Section 49.7 (g). 2. The open space provided shall be appropriately designed and scaled in each of the district components. 3. The following criteria shall be used to evaluate the merits of proposed open spaces in the Employment Center Zoning 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 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; and iv. The extent to which a range of open spaces have been provided to be contiguous with existing open spaces and to invite passive recreational uses from plazas and squares to playgrounds, parks and environmental preserves, appropriately organized within the respective EC component. 3. Open spaces may be in the form of pocket parks, children's play areas, squares, linear greens, and environmental preserves. Active sports fields and structured recreational activities shall be limited to less than 10% of any parks located in the district. 4. Plazas and squares shall be permitted only in the EC Core or Edge. 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. 5. In addition to the above, an application for an EC Zoning District shall include an open space management plan to be approved by City Council at the time of 26 the adoption of the ordinance establishing the district, which shall include: i. 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; ii. an estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; iii. a provision for enforcement of the open space management plan; and iv. provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision,. 49.8 Applications and Development Review Process a. Applications for Rezoning. 1. An applicant requesting a rezoning to the EC Zoning District shall submit a Development Plan that meets the requirements of subsection 49.8.b. (2) and includes the informational requirements for a Development Plan in the NR- PUD under Section 40 of this ordinance. 2. The Planning 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 and Zoning Commission or City Council deems appropriate. The Development Plan shall be approved with the ordinance establishing the Employment Center Zoning 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. b. Plan Review Process. 27 1. Overview of Review Process: Development of land in the EC Zoning District 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 City Council for all non - residential and mixed use development. A building permit for a single- family detached dwelling unit may be obtained after approval of the final plat by the Planning and Zoning Commission. 2. The Development Plan: The Development Plan 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 for which the rezoning is sought. A Development Plan in the district is not intended to be a detailed proposal; rather, it shall illustrate the 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 district shall illustrate the proposed general design direction of the site with dimensional guidelines that provide adequate information about the design intent, intensity, and phasing of the proposed district. ii. The application shall: (a) demonstrate compliance with the District's purpose and standards and the Southlake 2025 Plan, as amended; (b) include a map(s) meeting all the informational requirements for a Zoning Change/Development Plan in the NR -PUD district (as listed under Section 40), and meeting the standards of this section including: (1) delineation of EC Zoning 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 and whether each will be privately owned, a common area for residents only or dedicated to public use; (4) the location, area, and percentages of retail, office, residential, civic, and open space uses; 28 (5) the approximate shape, size, and placement of buildings; and (6) the general parking layout and approximate parking count, with indication of parking lot landscape areas; (c) include a report in the form of text, statistical information, tables, guidelines, and graphics that includes: (1) a statement of the purpose and intent of the proposed district; (2) a description of the mix of land uses and the factors which ensure compatibility both within the development site, with adjacent land uses, and compliance with the recommendations of all the adopted elements of the Southlake 2025 Plan, the city's Comprehensive Master Plan; (3) any special 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; (4) a parking demand analysis 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. (5) statistical information including: (i) gross acreage of the site, and net acreage of the site excluding jurisdictional wetlands, regulatory floodplains, and slopes over 20 %; (ii) the amount of land devoted to open space, both in acres and as a percentage of the gross acreage of the site. (iii) the amount of land devoted to retail, office, residential, and civic uses, both in acres and as a percentage of the gross acreage of the site. (iv) a plan for pedestrian, bicycle, and vehicular circulation describing the general design 29 capacity of the system as well as access points to the major thoroughfare system. (v) a daily and peak hour trip generation and directional distribution report by use 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; (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 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) development standards for the proposed district (or for each phase, if it is to be developed by phases) specifying standards for all the "flexible" elements by each EC component area in the form of a table; (8) 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) a 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; proposals for required parking lot landscaping, screening, design concepts for all open spaces, lighting, and any other information required by City Council; (10) an open space management plan as outlined in subsection 49.7 (h) (6) hereof, and 30 (11) a non - binding schedule for the district (or for each phase, if it is to be developed by phases), which shall show generally how the applicant will complete the project containing the following information: (i) the proposed order of construction by section delineated on the Development Plan; (ii) the proposed schedule for construction of improvements to open space areas; and (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. 3. Site Plan: 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 only after the City Council has approved a development plan for that area incorporated by the site plan. i. An application for approval of a Site Plan shall constitute and 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 Plan and a Site Plan concurrently, they may be consolidated as a single application. ii. The City Council shall approve or disapprove a Site Plan only after 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. iv. A building permit for any lot with a single - family detached dwelling may 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 31 development plan standards. 49.9 Modifications The City Council may approve modifications to any of the standards in the Employment Center district after a recommendation by the Planning and Zoning Commission based on unique site conditions and development intent at the time of the 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 any specifically established standards approved by the City Council in the ordinance establishing the particular Employment Center Zoning District. 49.10 Amendments to Approved Plans or Regulations Established in a Employment Center Zoning District Ordinance The Planning Director may approve minor changes to and deviations from an approved site plan with the applicant's written justification for 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 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: whether the proposed change substantially alters the arrangement ofbuildings or changes the use of building space designated on the original plan; 2. whether there is an increase in the number of residential dwelling units; 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; If the proposed change is significant or conflicts with regulations specified within the ordinance establishing the EC Zoning District, 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. If the City receives an application to rezone only a portion of the property within an EC Zoning District established by ordinance, the City may consider the request 32 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. SECTION 2 That Section 5.02 of Ordinance No. 483, the City of Southlake Subdivision Ordinance, is hereby amended by the changing 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 Zoning District or the Employment Center Zoning District Rather, the City Council shall establish right -of -way widths based upon Section 47 and 49 of the Comprehensive Zoning Ordinance, as amended, and traffic engineering studies." SECTION 3 That Section 5.03 of Ordinance No. 483, the City of Southlake Subdivision Ordinance, is hereby amended by the changing 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 Zoning District or the Employment Center Zoning District Rights -of -way in a Transition Zoning District and the Employment Center Zoning District shall be established by the City Council based upon the provisions of Section 47 and 49 of the Comprehensive Zoning Ordinance, as amended, street typology, and upon traffic engineering studies." SECTION 4 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 Zoning District or the Employment Center Zoning District SECTION 5 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 33 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 ofthis ordinance in the same manner that they were violations of prior zoning ordinance of the City of Southlake, Texas. SECTION 6 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 7 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. 34 SECTION 8 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 9 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 ofthis ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10 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 11 35 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 _, 200_. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _ day of , 200_. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 36