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Item 7DCITY OF SOUTHLAKE MEMORANDUM May 29, 2013 To: Shana Yelverton, City Manager From: Ken Baker, AICP — Director of Planning & Development Services Subject: Amendment of Zoning Ordinance No. 480-0000 Action Requested: Consider 1" reading approval of an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, adding variance provisions to Section 37 - "DT" Downtown District. Background Information: Cooper & Stebbins has requested an amendment to the City of Southlake Zoning Ordinance No. 480, as amended, adding variance provisions to Section 37 - "DT" Downtown District. The Specific amendment will add Section 37.11 to the district which is proposed as follows: 37.11 VARIANCES At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Chapter at the request of the Owner/Applicant. To receive a variance, the Applicant must demonstrate one of the following: (a) The variance is supportive of the Town Square character and the design intent of the DT Downtown District; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) Compliance with this ordinance would likely limit or negate the ability to configure the amount of parking, the building density, and uses that are needed to establish the Downtown District; or (d) Compliance with this ordinance would weaken the perception of a well-defined streetscape, and may establish the project as an isolated development, rather than as a Downtown District. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council must determine that one of the above conditions have been met; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent Ord. No. 480-0000 Page 1 properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. Citizen Input/ Board Review: A SPIN meeting was held on May 20, 2013. See attached report. A public hearing was held by the Planning and Zoning Commission on May 23, 2013. Legal Review: This item is under review by the City Attorney. Attachments: A) SPIN Report dated May 20, 2013; B) Ord. 480, Section 37 "D7 District "redline strike -out"; C) Ordinance 480-0000 P & Z Action: May 23, 2014; Approved (4-0) as presented. Ord. No. 480-0000 Page 2 VS0UTHLA1<,E SPIN MEETING REPORT CASE NO. 480-0000 PROJECT NAME: "D7 Downtown Zoning District Amendment SPIN DISTRICT: SPIN # 8 MEETING DATE: May 20, 2013; 7:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Eleven (11) • SPIN REPRESENTATIVE(S) PRESENT: Matt Schirle # 8, Vic Awtry #7 • APPLICANT(S) PRESENTING: Larry Corson (Cooper & Stebbins), et al three (3) • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Dennis Killough, Deputy Director of Planning & Development Services: (817)748-8072 or dkilloughaci.southlake.tx.us EXECUTIVE SUMMARY Request Details • Cooper & Stebbins has received approval of a Site Plan and Plat Revision for Lot 3R and Lot 5 of Block 1 R of Southlake Town Square, in support of a new building for Del Frisco's Grille. • The Site Plan provides that any improvements built within the 32' setback must be constructed with pervious surfaces, unless and until we receive a variance or an amended approval allowing impervious surfaces to be used (restricted under current zoning, but consistent with previous Block development). • Existing Block 1 improvements already encroach within the 32', up to the minimum 20' setback line along N. Carroll Ave. Previous Town Square PUD regulations provided for variances at Council's discretion provided they were supportive of the desired Town Square character. • As discussed during the Site Plan hearings, we have proposed a zoning amendment along with our request for approval of the Del Frisco's outdoor patio, to give City Council the discretion to consider a variance to allow the Del Frisco's patio and parking field as shown. Amendment Details Cooper & Stebbins has requested an amendment to the City of Southlake Zoning Ordinance No. 480, as amended, adding variance provisions to Section 37 - "D7 Downtown District. The Specific amendment will add Section 37.11 to the district which is proposed as follows: 37.11 VARIANCES Ord. No. Attachment A 480-0000 Page 1 At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Chapter at the request of the Owner/Applicant. To receive a variance, the Applicant must demonstrate one of the following: (a) The variance is supportive of the Town Square character and the design intent of the DT Downtown District; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) Compliance with this ordinance would likely limit or negate the ability to configure the amount of parking, the building density, and uses that are needed to establish the Downtown District; or (d) Compliance with this ordinance would weaken the perception of a well-defined streetscape, and may establish the project as an isolated development, rather than as a Downtown District. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council must determine that one of the above conditions have been met; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. QUESTIONS / CONCERNS We are concerned about congestion and safety. The patio (Del Frisco's) is too close to the street. o The site plan and patio have been discussed at length. There will be a wall constructed for safety. A variance approval by Council will have to meet the criteria noted in the ordinance. • We have a real problem giving City Council more authority. 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. Ord. No. Attachment A 480-0000 Page 2 SECTION 37 — "Redline Strike -out" "D7 DOWNTOWN DISTRICT (As amended by Ordinance No. 480-SS) (As amended by Ordinance No. 480-UU) (As amended by Ordinance No. 480-UUU) (As amended by Ordinance No. 480-VW) (As amended by Ordinance No. 480-CCCC) 37.1 PURPOSE & INTENT The purpose of the Downtown district is to encourage the creation of a pedestrian - oriented, mixed -use urban environment, providing shopping, employment, housing, and business and personal services. Downtown is intended to be the focal point of the community. This is achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing developers flexibility in land use and site design. The Downtown district is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. It is the intention of this ordinance to include all C-3 uses that were attributed to the Town Square NR-PUD (Ordinance 224) as of the date of adoption of this ordinance. Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the establishment of a `Village Center - west' between S.H 114 and FM 1709, east of Carroll Avenue and west of Kimball Avenue. The appropriate geographic location for the Downtown district shall be limited to the area known as Village Center — west. The Downtown district implements the 1998 Land Use Plan, as amended, which `encourages the development of a mixed -use town center that will create a focal point for the community by way of its geographic location, standards for development and mix of uses and services' and identifies an appropriate location for "Town Center" land use designation. 37.2 SCHEDULE OF USES Uses within the Downtown district shall be in accordance with the following schedule of uses. P= Permitted (Development Standards apply) SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply) A = Permitted as an accessory use (Standards in Section 34 shall apply) PGD = Permitted within the Garden District (Development Standards apply) Ord. No. Attachment B 480-0000 Page 1 Land Use Category Use Status Commercial Uses - Retail Sales or Service ■ Antique shops P ■ Art galleries, dealers, sales and supplies P ■ Artists' workshops and studios P ■ Beer, wine, and alcohol sales o No alcoholic beverage use shall be located within three hundred (300) feet of a church, public school or public hospital. Such measurement shall be made in accordance with the requirements set forth in Section 109.33 of the Texas Alcoholic Beverage Code. (As amended by Ordinance No. 480-VVV.) P ■ Accessory Buildings* (As amended by Ordinance No. 480-VVV.) SUP ■ Bicycle sales and service P ■ Books, magazines, music, stationery, novelty, variety, etc. P ■ Camera and photographic supplies P ■ Clothing, jewelry, luggage, shoes, etc. P ■ Convenience store, no gasoline sales P ■ Cosmetic and beauty supplies P ■ Department store P ■ Electronics, appliances, computer, and software — sales, and service P ■ Electrical and gas repair and installation services SUP ■ Farmer's market SUP ■ Florist P ■ Fruit and vegetable store P ■ Furniture or home furnishings P ■ Grocery store, supermarket, or bakery P ■ Hardware and home centers, etc. P ■ Optician and optical store P ■ Pet and pet supply store P ■ Pharmacy or drug stores P ■ Specialty food store P ■ Sporting goods, toy and hobby, musical instruments P ■ Tailors and custom apparel makers P ■ Tobacco or tobacconist establishment P * Refer to Section 45.16 for Accessory Building regulations Ord. No. Attachment B 480-0000 Page 2 Land Use Category Use Status Commercial Uses — Finance, Insurance, and Real Estate ■ Bank, credit union, or savings institution P ■ Credit and finance establishment P ■ Fund, trust, or other financial establishment P ■ Investment banking, securities, and brokerage P ■ Insurance related establishment P ■ Real Estate and Property Management Services P Commercial Uses - Business, professional, and technical uses ■ Accounting, tax, bookkeeping, and payroll services P ■ Collection agency P ■ Advertising, media, and photography services P ■ Animal and pet services, including grooming and training P ■ Architectural, engineering, and related services P ■ Offices and administrative services P ■ Business support services, including photocopying, duplicating, blueprinting, or other copying services P ■ Consulting services (management, environmental, etc.) P ■ Employment agency P ■ Facilities support services P ■ Graphic, industrial, and interior design P ■ Legal services P ■ Personal services P ■ Postal, courier and messenger services P ■ Research and development services (scientific, technological, etc.) P ■ Travel arrangement and reservation services P Commercial Uses — Food Service Uses ■ Bar, or drinking establishment SUP ■ Cafeteria, delicatessens, or limited service restaurant P ■ Full -service restaurant (no drive -through facility) with or without outdoor seating P ■ Snack or nonalcoholic bar P Arts, entertainment, and recreation Uses ■ Bowling, billiards, pool — indoor only P ■ Games arcade establishment P ■ Fitness, recreational sports, gym, or athletic club P ■ Indoor skating rink P ■ Miniature golf establishment — indoor only P ■ Museums and other special purpose recreational institutions P ■ Outdoor entertainment centers (including ball parks, miniature golf, golf driving ranges, batting cages, carnivals, and similar uses) SUP Ord. No. Attachment B 480-0000 Page 3 ■ Parks, plazas, and playgrounds P ■ Theater, cinema, dance, or music establishment P Land Use Category Use Status Educational, Public Administration, Health care and other Institutional Uses ■ Ambulatory and outpatient care services, including doctors, dentists, chiropractors, optometrists, etc. P ■ Business associations and professional membership organizations P ■ Child day care and preschools P ■ CIVIC, SOCIAL, AND FRATERNAL ORGANIZATIONS SUP ■ FUNERAL HOMES, MORTUARIES, AND SERVICES SUP ■ HOSPITALS SUP ■ Information services, including libraries and archives P ■ Judicial functions - Courts P ■ NURSING AND OTHER REHABILITATIVE SERVICES P ■ Public Administration - legislative and executive functions P ■ Public Safety facilities P ■ RELIGIOUS INSTITUTIONS P Residential Uses ■ Full service hotels P ■ Garden District Residences PGD ■ Home Occupations in designated single-family residential structures A ■ Live/Work units SUP ■ Residential Lofts SUP ■ Single-family residential detached dwelling unit SUP ■ Single-family residential attached dwelling unit SUP Other Uses ■ Model homes for sales and promotion* SUP ■ Parking, surface P ■ Parking, structured SUP ■ Sales from kiosks SUP 37.3 DEFINITIONS The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37) only. For terms not defined under this subsection, Section 4, Definitions shall apply. * Model homes are limited to a time period until all the homes are sold in the neighborhood. Ord. No. Attachment B 480-0000 Page 4 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 support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on -site PC rental, and office product sales. 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. Consulting services (management, environmental, planning, design, etc.) These establishments advise and assist businesses and other organizations on management, scientific, and technological issues. This class includes establishments that provide expertise in information technologies; these may design, modify, test, support, or operate hardware and software for clients. Court A Court is an unoccupied space, open to the sky, on the same lot with a building, 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. Not a court niche. 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 alley lines where the alley is less than 10' in width. Court niche A court niche is not a court, but is an indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Court, open An open court is a court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Ord. No. Attachment B 480-0000 Page 5 Court, width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non - rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. Facilities support services These establishments provide operating staff for support services within a client's facilities. They typically provide a combination of services, such as janitorial, maintenance, trash disposal, security, mail reception, and laundry services. They provide operating staff to carry out these support activities, but are not involved with the core activities of the client. Full Service Hotels These establishments shall be defined as buildings with habitable rooms or suites which are reserved for transient guests who rent the rooms or suites on a daily basis, and with: (i) a minimum area of 300 square feet in each guestroom; (ii) (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 rooms. 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. Garden District The Garden District is an area lying within the Brownstone district of Southlake Town Square and bounded by Central Avenue to the west, Park Ridge Boulevard to the north and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south (as of January 31, 2011). Garden District Residence A Garden District Residence is a residential dwelling unit located within the Garden District in which units occupying a portion of a building share common front, rear and side walls. Each unit occupies a single level, unless combined with one or more units above or below. Access is provided by means of a central semi -private elevator and stairs serving each horizontal pair of units (typically 6 units per elevator/stair). 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. Each individual unit may have commercial space located on the street level. Ord. No. Attachment B 480-0000 Page 6 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 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. Non -Residential Building or Structure A non-residential building or structure is one in which all the floors are designated for office, retail, institutional, or any other commercial use that is not a residential use. Office and administrative services These establishments: a) provide day-to-day office and/or administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; b) hold securities (or other equity interests) of companies in order to own a controlling interest or influence management decisions; c) oversee and administer the establishments of a company often by providing strategic or organizational planning; or d) provide other administrative services. This definition is used only to classify such stand-alone establishments which, although they may be part of larger companies, are separate from the actual goods or services producing facilities. Personal services This is a catchall category for all personal service establishments. These establishments offer a wide range of personal services (clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc.). Public Buildings Public buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Research and development services (scientific, technological, etc.) Establishments in this category conduct research, or analyze, in the physical, engineering, cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany, biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language, behavior, or economics. Residential Lofts Residential lofts are typically residential units 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. Many have stores, but some Ord. No. Attachment B 480-0000 Page 7 also sell merchandise from non -stores. 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. 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. 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. 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. Specialty food store Specialty food stores primarily retail specialty food items, such as coffee and tea (i.e., packaged), confectionery products (i.e., packaged), nuts, spices, and gourmet foods. Streetscape Treatments Streetscape treatments shall include all improvements in a R-O-W that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, 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. 37.4 DEVELOPMENT REGULATIONS FOR NON-RESIDENTIAL AND MIXED -USE BUILDINGS All non-residential and mixed -use building development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all non-residential and mixed -use buildings: a. Building Height: Non-residential and mixed -use buildings shall not be less than twenty feet (20') (including parapet height) in height nor more than fifty-two feet (52') in height; with the exception of development located along Hwy 114 which shall be no more than 90 feet. The 90-foot height limitation shall apply to all non- residential and mixed -use buildings within a 1,000-foot wide strip, parallel to and along the southern edge of Hwy 114 R-O-W. Ord. No. Attachment B 480-0000 Page 8 The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right-of-way, a maximum building height of fifty-seven (57) feet shall be permitted. 3. Public buildings may be built to four (4) stories or sixty-five (65) feet in height unless they are within 1,000 feet of Hwy 114, in which case they may be built to six (6) stories or ninety (90) feet. 4. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, —and shall be exempt from the maximum elevation limitation of Section 37.4 (a). 5. Mechanical equipment, including, mechanical/elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such items(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 37.4 (a) 4 above. b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard setback is required in the Downtown district: Buildings along F.M. 1709 and the east right-of-way of North Carroll Avenue shall maintain a minimum thirty-two (32) foot setback; provided, however, in areas where right-of-way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. No service drives, parking or other impervious surfaces with the exception of sidewalks/trails shall be located in the setback area unless the buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along FM 1709 and North Carroll Avenue be less than twenty (20) feet. Ord. No. Attachment B 480-0000 Page 9 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right-of-way of State Highway 114. 3. As to the rest of the Downtown district boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the Downtown district. C. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100%. However, the maximum aggregate lot coverage for all buildings as a percentage of the Downtown district as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty-five percent (55%). d. Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, as determined by the City Council in connection with development plan or site plan review. e. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by FM 1709 to the south, Fountain Place to the north, Grand Avenue to the east and State Street to the west. f. Building Phasing: Buildings fronting on FM 1709 and North Carroll Avenue, shall be constructed prior to the construction of any above -ground structured parking behind such buildings that may be visible from F.M 1709 or North Carroll Ave. g. Building Orientation: Any building (excluding parking garages and accessory buildings) within one hundred fifty (150) feet of a public right-of-way shall either face such right-of-way or shall have a facade facing such right-of-way in keeping with the character of the main facade. h. Design Guidelines The property owner shall provide an exhibit as appropriate with each development/site plan application showing that all development in the Downtown district meets the standards outlined in the Downtown district Design Guidelines, as amended and adopted by City Council. Nothing in this paragraph shall require the retrofitting of an existing building. Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) no projection shall be permitted into a public easement or right-of-way along FM 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such Ord. No. Attachment B 480-0000 Page 10 projections; and iv) the property owner shall maintain such projections in a safe and non -injurious manner: Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. 3. Architectural projections, including bays, towers, and oriels; show windows (1 st floor only); below grace vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches into a required yard or beyond the building face. 4. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3) above less than eight (8) feet above the ground elevation may extend more than forty-eight (48) inches into a required yard or beyond the building face. 5. Canopies and/or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb subject to the following during development/site plan approval. If a canopy support is closer than two (2) feet from the back of the curb, there shall (a) be no on - street parking or loading zones along that stretch of canopy; or (b) be parallel parking along the curb; or (c) be angled parking protected by wheel stops preventing vehicular overhang over the curb. Ground - mounted supports, subject to the above standard, may be approved as part of development plan or site plan review, as determined by the City Council. 6. Below -grade footings approved in connection with building permits. Off -Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): On -street as well as off-street parking shall be permitted within the Downtown district. 2. Up to twenty-five percent (25%) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on -street and shall be limited to off-street parking locations. Compact parking spaces shall not be allocated to any retail or food service uses but could be counted toward meeting the parking requirement for business, professional, and technical uses up to a maximum of twenty-five percent (25%). Each compact space shall be Ord. No. Attachment B 480-0000 Page 11 clearly designated. 3. Required parking shall be located and maintained anywhere within the Downtown district. On -street parking and shared parking anywhere within the Downtown district may be counted toward the off-street parking requirement for the Downtown district. 4. Where on -street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty-five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on -street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 5. When a mixture of office, retail, and other uses are located in the same block or street, parking requirements for such the uses shall be reduced at a rate of ten (10) percent in order to promote shared parking. 6. Cumulative parking tabulations shall be submitted with each site plan and/or development plan. k. Off -Street Loading: With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: 1.The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space 2. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: i. Number of spaces: Office Uses or portion of buildina devoted to office uses: 0 — 49,999 sf 0 spaces 50,000 — 149,999 sf 1 regular space 150,000 — 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the followinq Tenant size: 0 — 9,999 sf 0 spaces 10,000 — 49,999 sf* 1 regular space 50,000 — 99,999 sf* 1 regular space and 1 large space 100,000 sf and up* 2 large spaces Restaurant Uses with the following Tenant size: Ord. No. Attachment B 480-0000 Page 12 0 — 9,999 sf 0 spaces 10,000 sf and up* 1 regular space *The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined within a single building and treated as a single tenant. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. Streets and Sight Triangles: Within the Downtown Zoning district the following street design standards shall apply: Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with FM 1709, Carroll Avenue and State Highway 114 (See figure 37.1). These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right-of- way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right-of-way line. 40'-0" 40'-0" Figure 3 7. 1 Sight Triangles 2. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the Ord. No. Attachment B 480-0000 Page 13 top of the ground surface to the first branch along the tree trunk. 3. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. M. Buffering and Screening —The following standards for buffering and screening shall apply to all non-residential and mixed use buildings in the Downtown district: Parking lot layout, landscaping, buffering, and screening shall minimize direct views of parked vehicles from streets and sidewalks, and avoid spill -over light, glare, noise, or exhaust fumes onto adjacent properties, in particular single-family residential properties. Parking lots exposed to view from abutting single-family residential properties shall be surrounded by a minimum of a 3-foot high barrier in the form of berms, shrubs, walls, or a combination thereof. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, as well as garbage collection points, should be located at the rear lane, drive or alley. If such uses are visible from any adjacent rights -of way or property, they shall be totally screened by a fence or suitable plant or other visual barrier of an appropriate height or as proposed and approved in a development/site plan. Trash dumpsters shall have a metal door which shall remain closed at all times. 3. Off-street loading areas shall be adequately screened from view of any adjacent single-family residential use. 4. Outside storage standards in Section 39.5 (Screening and Fencing) shall apply to all areas of primary and ancillary outdoor storage uses in the Downtown district, with the exception of related uses specifically authorized in this section. Above Grade Structured Parking — Parking structures shall be permitted in the Downtown district with a Specific Use Permit authorized by City Council. The following standards shall apply to above grade structured parking facilities: Any visible elevations of any parking structure from adjacent street R-O- Ws shall have a solid parapet wall of not less than forty-six (46) inches and shall utilize colors consistent with the surrounding principle buildings. All parking structures shall be designed in compliance with the Downtown District Design Guidelines, as amended. 2. At least 75 percent of the area occupied along street level fagade of any parking structure that is immediately adjacent to a sidewalk or street right- of-way shall be developed for active office or retail uses. Ord. No. Attachment B 480-0000 Page 14 3. If not abutting a right-of-way, above grade structured parking facilities shall be provided with adequate access from public right(s)-of-way via private drive(s) and/or access easements. 4. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. o. Accessory Structures — The following restrictions shall apply to accessory structures of non-residential and mixed use development: 1. With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. park pavilions or bandshells not exceeding fifty-two (52) feet in height 2. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. P. Minimum Width of Enclosed or Partially Enclosed Open Space — In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following requirements for minimum Court widths shall apply: 1. Minimum widths shall be based on the following schedule: COURT TYPE MINIMUM WIDTH/AREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: Min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide q. Interior Landscape Areas & Streetscape Treatments — Specific requirements for interior landscape areas and streetscape treatments shall be proposed by the developer at the time of development plan or site plan review. They shall be reviewed by the City's Landscape Administrator at the time of development plan or site plan review for conformity with the Downtown District Design Guidelines, as amended, to create an attractive, pedestrian -friendly district. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. r. Irrigation — Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those Ord. No. Attachment B 480-0000 Page 15 instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought -tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 37.5 DEVELOPMENT REGULATIONS FOR SINGLE FAMILY (ATTACHED AND DETACHED) RESIDENTIAL USES All single-family (attached and detached) residential development in the Downtown district shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the SUP requirements under Section 45, the following standards shall protect and encourage various types of single- family dwellings within the Downtown district. The minimum standards as set forth below shall apply to all single-family residential uses. a. Height. No principal single-family residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty-two feet (52') in height. Residential accessory buildings shall be a minimum of twelve feet (12') in height and a maximum of twenty-eight feet (28'). The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback shall be fifteen feet (15') except for residential buildings east of Park Ridge Avenue, for which the maximum front yard setback shall be twenty-five feet (25'). Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except on corner lots, where the side yard adjacent to the street may be up to a maximum of fifteen feet (15') and the side yard between residential buildings may be up to twenty feet (20') for each building; provided, however, if residential dwellings are detached, separation between the units shall meet the minimum required for fire safety. Rear Yard. There shall be a rear yard of not less than five feet (5'). e. Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty- seven (1,687) square feet for residences with detached garages, and (b) one thousand one hundred twenty-five (1,125) square feet for residences with attached garages. g. Lot Dimensions. Each lot shall have a minimum width of twenty-two and one-half Ord. No. Attachment B 480-0000 Page 16 feet (225). The minimum lot depth is: (i) seventy-five feet (75') for residences with detached garages; and (ii) fifty feet (50') for residences with attached garages. h. Floor Area. Each single-family dwelling unit shall contain a minimum of two thousand (2,000) square feet of gross floor area (excluding the area of any accessory structures on the same lot). Location. Single-family residential uses in the Downtown district are limited to the area east of Central Avenue. Residential Units Permitted. The number of single-family (attached and detached) units allowed shall be no more than 115 as specified in the Development Plan filed in conjunction with a request for Specific Use Permit for residential development within the Downtown district; provided, however, no more than a total of 185 residential units (single family and Garden District residential units) shall be allowed within the area east of Central Avenue. k. Parking (i) Two (2) off-street parking spaces must be provided for each dwelling unit. (ii) One (1) on -street parking space must be provided for each dwelling unit. Electrical Service. A lot for a single-family use may be supplied by not more than one electrical utility service, and metered by not more than one electrical meter. M. Building Limitations 1. All residential structures (including accessory buildings) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built similar in character to the elevations/drawings submitted with an approved development or site plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80%) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall mean and include brick, stone, rock or other masonry materials of equal characteristics. The use of stucco or a similar material shall be subject to City Council approval with the review of a site plan submitted with a SUP application. Ord. No. Attachment B 480-0000 Page 17 Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. o. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. However, open space in the Downtown district shall be planned in conjunction with an overall concept and development plan approved by City Council. P. Use Limitations on Residentially Designated Buildings. Once designated for single-family residential uses with City Council approval of an SUP, non- residential uses in single-family structures shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. q. Design Guidelines. All single-family residential development shall meet the standards outlined for single-family residential development in the Downtown District Design Guidelines as amended and adopted by City Council. 37.6 DEVELOPMENT REGULATIONS FOR GARDEN DISTRICT RESIDENTIAL USES The Garden District is intended to provide appropriately scaled buildings within a portion of the land remaining for development within the Brownstones at Town Square which offer an alternative to single-family dwellings. The Garden District shall provide a high degree of pedestrian connectivity from the existing Brownstones and Town Square commercial districts, to increase accessibility and patronage of neighboring Town Square businesses, and to enhance the pedestrian character of Southlake Town Square. All Garden District Residences shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the Site Plan requirements under Section 40, the following standards shall protect and encourage residences within the Garden District. The minimum standards as set forth below shall apply to all Garden District residential buildings. a. Height. No principal Garden District residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty-two feet (52') in height. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback adjacent to a public right-of-way shall be fifteen feet (15'). Ord. No. Attachment B 480-0000 Page 18 C. Side Yard. There shall be no side yard requirement. Separation between Garden District buildings shall meet the minimum required for fire safety. d. Rear Yard. There shall be a rear yard of not less than five feet (5'). e. Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a buildable lot shall be three thousand six hundred (3,600) square feet for buildings within the Garden District. g. Lot Dimensions. Each lot shall have a minimum width of sixty feet (60') and a minimum depth of sixty feet (60'). h. Floor Area. Each Garden District Residence shall contain a minimum of one thousand five hundred (1,500) square feet of gross floor area; provided, however, such minimum sized units shall not exceed 25% of total Garden District Residences. Location. Garden District Residences are limited to the area bounded by Central Avenue to the west, Park Ridge Boulevard to the north and east, and the limits of Phase 1 and Phase 2 Brownstone construction to the south (as of January 31, 2011). Residential Units Permitted. Not more than 130 Garden District Residences shall be permitted. k. Parking. (i) Two (2) off-street reserved parking spaces must be provided for each Garden District Residence. (ii) Visitor parking shall be provided at the rate of not less than one (1) on - street parking space for every two (2) Garden District Residences. Building Limitations. 1. All residential structures (including garages) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built to be compatible with the architecture of the adjacent Brownstone residential district, use similar materials (brick, cast stone, etc.), and in keeping with the Downtown District Design Guidelines and the approved Site Plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80%) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall be limited to Ord. No. Attachment B 480-0000 Page 19 those that are similar to materials used in the construction of the Brownstones, such as brick, stone, rock or other masonry materials of equal characteristics. M. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. n. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. However, open space in the Garden District shall be planned in conjunction with the overall concept, development plan and/or site plan approved by City Council. o. Use Limitations on Residentially Designated Buildings. Non-residential uses in Garden District residences shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. P. Design Guidelines. All Garden District residential development shall meet the standards outlined for residential development in the Downtown District Design Guidelines as amended and adopted by City Council. q. Site Plan. Prior to issuance of a building permit, a site plan must be approved by City Council following a recommendation by the Planning & Zoning Commission. Said Site Plan must also be in compliance with the underlying Concept Plan for the Garden District as approved by City Council. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the notice and hearing requirements set forth in Zoning Ordinance 480 as amended. Ord. No. Attachment B 480-0000 Page 20 37.7 APPLICATION AND DEVELOPMENT REVIEW PROCESS Applications requesting a rezoning to the Downtown district shall be submitted with a Concept Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area) or a Development Plan as specified under Section 40 (for proposals encompassing less than 100 acres is land area). An application for a rezoning to the Downtown district shall result in a contiguous boundary of the Downtown district of no more than 165 acres and no less than 100 acres within the entire city. The Planning & 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 & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. No minimum area shall be required for the submission of a development plan application. a) Development Plan An application for rezoning to the Downtown district shall include and be accompanied by a development plan (for proposals less than 100 acres) Changes in the development plan shall be considered the same as changes in the Official Zoning Map. The proposed development plan shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which meet the conditions set forth in Section 40.6 of this ordinance, may be approved by the Administrative Official. 2. The Development Plan may, in some cases, be a two-phase document. The first phase shall illustrate and contain the applicant's request and suggestion for the use, configuration of buildings, parking, etc., and the second phase shall illustrate the development plan showing the suggestions and recommendations of the Planning and Zoning Commission after review of Phase One. In addition to the requirements set forth in Section 40.3 of this ordinance, the development plan shall provide as much detail as possible including, but not necessarily limited to: A scale drawing showing any proposed public or private streets and alleys; building site, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, public buildings, street widening, street changes; and the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract. For buildings more than one (1) story in height, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. Ord. No. Attachment B 480-0000 Page 21 iii. For development projects influenced by, impacting on flood -prone areas, or containing major drainage ways or areas flood -prone by definition of the City Engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only upon the recommendation of the City Engineer. iv. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall meet the standards established for Screening and Buffering in the Downtown district. v. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation and interpretation by the Administrative Official. b. Site Plan All non- residential and mixed use development in the Downtown Zoning district shall submit a site plan meeting the requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development plan for this phase or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. 37.8 ACCESSORY USES In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2, accessory uses authorized under Section 34 of this ordinance may also be permitted use. Standards in Section 34 shall apply to all accessory structures and uses. 37.9 SPECIFIC USE PERMITS In addition to uses and standards listed under this section, specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Specific use permit requests for residential uses in the Downtown district shall be accompanied by development plan amendment applications together with any other information deemed necessary by decision making authorities, including elevations, renderings, and other layouts. Once the development plan has been amended and an SUP granted by City Council to permit residential uses, conversion to any other use shall also be considered as a further change to the approved development plan and shall be Ord. No. Attachment B 480-0000 Page 22 reviewed as such. 37.10 SPECIAL EXCEPTION USES Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. 37.11 VARIANCES At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Chapter at the request of the Owner/Applicant. To receive a variance, the Applicant must demonstrate one of the following: (a) The variance is supportive of the Town Square character and the design intent of the DT Downtown District; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) Compliance with this ordinance would likely limit or negate the ability to configure the amount of parking, the building density, and uses that are needed to establish the Downtown District; or (d) Compliance with this ordinance would weaken the perception of a well-defined streetscape, and may establish the project as an isolated development, rather than as a Downtown District. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council must determine that one of the above conditions have been met; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. Ord. No. Attachment B 480-0000 Page 23 ORDINANCE NO. 480-0000 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING VARIANCE PROVISIONS TO SECTION 37 — "DT" — DOWNTOWN 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 as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Sections 37 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the following subsection: 37.11 VARIANCES At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Chapter at the request of the Owner/Applicant. To receive a variance, the Applicant must demonstrate one of the following: Ord. No. Attachment C 480-0000 Page 1 (a) The variance is supportive of the Town Square character and the design intent of the DT Downtown District; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) Compliance with this ordinance would likely limit or negate the ability to configure the amount of parking, the building density, and uses that are needed to establish the Downtown District; or (d) Compliance with this ordinance would weaken the perception of a well-defined streetscape, and may establish the project as an isolated development, rather than as a Downtown District. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council must determine that one of the above conditions have been met; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. (As amended by Ordinance No. 480-0000) SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 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 Ord. No. Attachment C 480-0000 Page 2 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. Ord. No. Attachment C 480-0000 Page 3 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 day of March, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR ATTEST: day of CITY SECRETARY Ord. No. Attachment C 480-0000 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ord. No. Attachment C 480-0000 Page 5