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Item 6CCITY OF SOUTHLAKE MEMORANDUM March 13, 2013 To: Honorable Mayor and City Council From: Shana Yelverton, City Manager Subject: Amendment of Zoning Ordinance No. 480-JJJJ Action Requested: Conduct a public hearing and consider 2nd reading approval of an amendment to the City of Southlake Zoning Ordinance 480, as amended, as it pertains to building color. Background Information: The City Council has requested Staff to bring forward an amendment to the City of Southlake Zoning Ordinance No. 480, as amended, to address building color. The amendment will prohibit use of florescent or extensive use of bright colors on non-residential buildings and structures, service doors, down spouts, utility boxes and panels, and other similar features. The amendment also includes a definition for non-residential buildings. Since the public hearing before the Planning & Zoning Commission, staff has revised the conditions for variance approval to be more appropriate for the proposed regulation. Citizen Input/ Board Review: A SPIN meeting was held on January 28, 2013. Legal Review: Currently under City Attorney review. P&Z Action: February 21, 2013; Approved (4-0) noting to consider amending proposed ordinance to ensure that the ordinance also includes structures as well as non-residential buildings. (Staff has incorporated this recommendation) Council Action: March 5, 2013; Approved first reading (7-0) on Consent Attachments: Attachment A — Redline -Strikeout of proposed Ordinance No. 480-JJJJ; Section 4, Definitions and Section 33, Supplementary District Regulations with Appendix. Attachment B — Proposed Ordinance No. 480-JJJJ Attachment C — Full-sized Appendix Attachment D — SPIN meeting report Attachment A City of Southlake Zoning Ordinance No. 480-JJJJ _ c+.-�bFt Section 4 — Definitions NONRESIDENTIAL BUILDING — Any building or structure used for non-residential use to include non -conforming uses. (As amended by Ord. No. 480-JJJJ) NONRESIDENTIAL USE - Any use permitted in the "0-1," "0-2," "C-1," "C-2," "C-3," "C- 4," "B-1," 1113-27" "1-1," 111-27" "HC," "CS," "S-P-1," "S-P-2," a� "Nonresidential P.U.D.," and uses other than residential uses permitted in the "DT," "TZD," and "EC" zoning districts. (As amended by Ord. No. 480-JJJJ) NONCONFORMING USE - A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. Section 33 — Supplementary District Regulations 33.21 BUILDING COLOR STANDARDS FOR NON-RESIDENTIAL BUILDINGS: a. The use of florescent colors and the use of bright colors on non-residential buildings and structures, service doors, down spouts, utility boxes and panels, and other similar features shall not be permitted. b. Prohibited color range: Pantone Matching System Yellow C — Process Blue C: Yellow 0131 C — Green 0921 C: and, 801 C — 807 C: or any color deemed similar. (as shown in the Appendix) c. Any non-residential building having a pre-existing prohibited color(s) prior to the adoption of this ordinance shall be permitted to maintain that same color or similar. d. Non-residential building colors that are approved as a part of PUD, S-P-1, S- P-2, TZD or EC regulations shall not be subject to these building color standards. e. City Council may grant variances to regulations set forth in Sections 33.21.a and 33.21.b. To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. (As amended by Ordinance No. 480-JJJJ) APPENDIX Pantone Matching System Reference Color Sample Pantone Yellow C Pantone Yellow 012 C Pantone Orange 021 C Pantone Warm Red C Pantone Red 032 C Pantone Rubine Red C Pantone Rhodamire Red C Pantone Purple C Pantone Violet C Pantone Blue 072 C Pantone Reflex Blue C Pantone Process Blue C Pantone Yellow 0131 C Pantone Red 0331 C Pantone Magenta 0521 C APPENDIX CONTINUED Pantone Matching System Reference Color Sample Pantone Violet 0631 C LmmM Pantone Blue 0821 C Pantone Green 0921 C Pantone 801 C Pantone 802 C Pantone 803 C Pantone 804 C Pantone 805 C Pantone 806 C Pantone 807 C Attachment B ORDINANCE NO. 480-JJJJ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO BUILDING COLOR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 4.2 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended by adding the following: NONRESIDENTIAL BUILDING — Any building or structure used for non-residential use to include non -conforming uses. (As amended by Ord. No. 480-JJJJ) NONRESIDENTIAL USE - Any use permitted in the "0-1," "0-2," "C-1," "C-2," "C-3," "C- 4," "B-1," 1113-2," "1-1 ," 111-2," "HC," "CS," "S-P-1," "S-P-2," "Nonresidential P.U.D.," and uses other than residential uses permitted in the "DT," "TZD," and "EC zoning districts. (As amended by Ord. No. 480-JJJJ) SECTION 2 Section 33 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended by adding the following: 33.21 BUILDING COLOR STANDARDS FOR NON-RESIDENTIAL BUILDINGS: a. The use of florescent colors and the use of bright colors on non-residential buildings and structures, service doors, down spouts, utility boxes and panels, and other similar features shall not be permitted. b. Prohibited color range: Pantone Matching System Yellow C — Process Blue C; Yellow 0131 C — Green 0921 C; and, 801 C — 807 C; or any color deemed similar. (As shown in the Appendix) c. Any non-residential building having a pre-existing prohibited color(s) prior to the adoption of this ordinance shall be permitted to maintain that same color or similar. d. Non-residential building colors that are approved as a part of PUD, S-P-1, S- P-2, TZD or EC regulations shall not be subject to these building color standards. i. City Council may grant variances to regulations set forth in Sections 33.21.a and 33.21.b. To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. (As amended by Ordinance No. 480-JJJJ) APPENDIX Pantone Matching System Reference Color Sample Pantone Yellow C Pantone Yellow 012 C Pantone Orange 021 C Pantone Warm Red C Pantone Red 032 C Pantone Rubine Red C Pantone Rhodamine Red C Pantone Purple C Pantone Violet C Pantone Blue 072 C Pantone Reflex Blue C Pantone Process Blue C Pantone Yellow 0131 C Pantone Red 0331 C Pantone Magenta 0521 C APPENDIX CONTINUED Pantone Matching System Reference Color Sample Pantone Violet 0631 C Pantone Blue 0821 C Pantone Green 0921 C Pantone 801 C Pantone 802 C Pantone 803 C Pantone 804 C Pantone 805 C Pantone 806 C Pantone 807 C SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 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 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two -Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 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 7 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 8 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) 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 in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 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 51" day of March, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment C APPENDIX Pantone Matching System Reference Color Sample Pantone Yellow C Pantone Yellow 012 C Pantone Orange 021 C Pantone Warm Red C Pantone Red 032 C Pantone Rubine Red C Pantone Rhodamine Red C Pantone Purple C Pantone Violet C Pantone Blue 072 C Pantone Reflex Blue C Pantone Process Blue C Pantone Yellow 0131 C Pantone Red 0331 C Pantone Magenta 0521 C APPENDIX CONTINUED Pantone Matching System Reference Color Sample Pantone Violet 0631 C Pantone Blue 0821 C Pantone Green 0921 C Pantone 801 C Pantone 802 C Pantone 803 C Pantone 804 C Pantone 805 C Pantone 806 C Pantone 807 C Attachment D USOUTHLAKE SPIN MEETING REPORT CASE NO. 480-JJJJ PROJECT NAME: Building Color Ordinance SPIN DISTRICT: Citywide MEETING DATE: January 28, 2013; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Eight (8) • SPIN REPRESENTATIVE(S) PRESENT: N/A • APPLICANT(S) PRESENTING: Lorrie Fletcher, Planner I • STAFF PRESENT: Lorrie Fletcher. Planner I STAFF CONTACT: Lorrie Fletcher, Planner I: (817)748-8069 or Ifletcheraci.southlake.tx.us EXECUTIVE SUMMARY Details • An amendment to the City of Southlake Zoning Ordinance No. 480, as amended, as it pertains to building color. • Once approved, the ordinance will affect all future building colors for non-residential buildings, to include, any legal non -conforming commercially used buildings. • The amendment proposes examples of prohibited colors, such as fluorescent or similar. COMMENTS / QUESTIONS • I think you need to be more specific in your definition... what does compatible mean? Could have different meanings to different people. • How has Southlake managed so far without a color ordinance? It looks really good here. • This is for the future? o Yes, once the ordinance is adopted by City Council, it will become effective. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council.