480-CCI
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ORDINANCE NO. 480-CC
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TE3La, S, REVISING
CORRIDOR OVERLAY REGULATIONS; CREATING
RESIDENTIAL ADJACENCY DEVELOPMENT
REGULATIONS FOR NON-SINGLE FAMILY RESIDENTIAL
DEVELOPMENTS WITHIN FOUR HUNDRED (400) FEET
OF PROPERTIES ZONED SINGLE-FAMILY RESIDENTIAL
OR DESIGNATED LOW OR MEDIUM DENSITY
RESIDENTIAL ON THE LAND USE PLAN; 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 ~ 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 of Southlake has heretofore adopted Ordinance No. 480, as amended,
as the zoning ordinance of the city; and
WHEREAS, the City of Southlake has historically developed as a residential community
which is particularly suited for the development of a quality residential lifestyle which is separated
from non-single family residential developments which might adversely impact said residential
neighborhoods; and
WHEREAS, several existing and planned residential neighborhoods are located adjacent to
properties which are developing or will be developed for business and commercial use; and
WHEREAS, the city council of the City of Southlake recognizes the vital importance of
residential neighborhoods and the need to preserve and protect residential neighborhoods from the
potential adverse effects of adjoining non-single family residential uses; and
WHEREAS, the city council further recognizes that certain areas of the city would not be
appropriate for non-single family residential development unless special development restrictions are
placed on such areas; and
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WHEREAS, the city council desires to protect and enhance the attractiveness of the city to
visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient
growth and development of the city; to preserve property and property values; and to maintain a
generally harmonious outward appearance of both single family residential and non-single family
residential structures which are compatible and complementary; and
WHEREAS, the city council desires to adopt this ordinance for the purpose of preserving
and protecting the quality of residential life of existing and future residential neighborhoods by
adopting reasonable regulations that will promote non-single family residential development that is
compatible and complementary with adjoining single family residential properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Section 43.9.c, "General Development Standards", of Ordinance No. 480, as amended, is
hereby amended by revising the initial paragraph thereof to read as follows:
General Development Standards - The following standards shall apply to all
non-single family residential development in the Corridor Overlay Zone and
the Village Center unless noted otherwise. For any non-single family
residential use or building developing within 400' of single family residential
property, development regulations set forth in this section ("Part III
Residential Adjacency Standards" ) shall also be required."
SECTION 2.
Section 43.9.c 1, paragraphs (a), (b), (c), (d), and (h) are hereby amended or added to read
as follows and existing paragraphs (b), (c), (d), (e), (f) and (g) shall be relettered to (c), (d), (e), (f),
(g), and (h) respectively:
Architectural Standards:
(a)
Masonry Requirements: These standards shall apply to facades which
are visible from the following roadways and their respective rights-of-
way: SH 114, Carroll Avenue between SH 114 and FM 1709, FM
1709, FM 1938, and roadways designated as having sixty-foot (60')
or greater rights-of-way in the Thoroughfare Plan. All facades of
the applicable buildings shall be constructed with the same material
and all buildings shall meet the masonry requirements as set out in
Ordinance No 557, as amended. However, such masonry
requirements shall exclude the use of cement, concrete tilt wall and
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other masonry materials of similar characteristics. In addition, the use
of standard concrete block shall be limited to 10% of any facade
visible from adjacent public ROW
Stucco or plaster shall only be allowed when applied using a 3-step
process over diamond metal lath mesh to a 7/8th inch thickness or by
other processes producing comparable stucco finish with equal or
greater strength and durability specifications. It shall be the sole
authority of the Chief Building Official to determine when synthetic
products are comparable in strength and durability to stucco finishes.
These synthetic products shall be installed per the manufacturer's
standards by certified installers and shall be subject to staged
inspections throughout the construction process.
The use of synthetic products (e.g., EIFS, Hardy plank, or other
materials approved by the Chief Building Official, as noted above)
shall be limited to eighty percent (80%) of the building's exterior
finishes, exclusive of all windows, doors, and glass construction
materials
(b)
Roof Design Standards: In an effort to screen rooftop mechanical
equipment, other appurtenances, and flat or built-up roofs, all
structures having a 6,000 square feet or less footprint shall be
constructed with a pitched roof as defined in Section 43.12 of this
ordinance. Those structures having a footprint greater than 6,000
square feet shall be constructed with either a pitched, parapet, or
mansard roof system (enclosed on all sides). Standing seam metal
roofs shall be constructed of a factory-treated, non-metallic, matte
finish. Metal roofs with lapped-seamed construction, bituminous
built-up roofs, and flat, membrane-type roofs ~vhich are visible from
adjacent public ROW shall be prohibited.
(c)
Mechanical Equipment Screening: All buildings must be designed such
that no mechanical equipment (HVAC, etc.) or satellite dishes shall be
visible from SH 114, Carroll Avenue between SH 114 and FM 1709,
FM 1709, and FM 1938 and any adjacent public ROW. This shall
include equipment on the roof, on the ground or otherwise attached
to the building or located on the site
Rooftop mechanical equipment and / or other rooftop appurtenance
screening shall be accomplished by either the construction of 1) the
roof systems described in subparagraph (b) above or 2) an
architectural feature which is integral to the building's design and
ensures that such equipment is not visible from adjacent public ROW.
The fencing of or enclosure of individual mechanical units shall not be
permitted except as described above.
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All rooftop mechanicals or architectural features described herein shall
be shown on the required building elevations at the time of site plan
approval.
(d)
(h)
Facade Articulation: On all non-single family residential buildings, all
facades which are visible from SH 114, Carroll Avenue between SH
114 and FM 1709, or FM 1709, the following horizontal and vertical
articulation must be met (see Exhibit 43-A for clarification).
Horizontal Articulation: No building facade shall extend
greater than three (3) times the wall's height without having
a minimum off-set of 15% of the wall's height, and such off-
set shall continue for a minimum distance equal to at least
25% of the maximum length of either adjacent plane.
ii.
Vertical Articulation: No horizontal wall shall extend for a
distance greater than three (3) times the height of the wall
without changing height by a minimum of 15% of the wall's
height, and such height change shall continue for a minimum
distance equal to at least 25% of the maximum length of either
adjacent plane.
Height: Same as in underlying zoning, unless the building is constructed
within Village Center. All properties which are located within the Village
Center shall be further limited in height to the underlying zoning district or
maximum elevation of 710 feet (National Geodetic Vertical Datum of 1929),
whichever is lower"
SECTION 3.
Sections 439 c.2(c), "Loading and Service Areas" and 43.9.c.2(d), "Trash Receptacles",
of Ordinance No. 480, as amended, are hereby amended to read as follows:
"(c)
(d)
Loading and Service Areas: Loading and service areas shall be
located at the side or rear of buildings. A minimum 10 foot solid
screening wall shall be required to screen views of loading docks and
loading spaces intended for tractor/semi-trailer delivery from any
public right-of-way. This 10 foot wall must screen the entire loading
dock or space. Screening materials shall utilize similar masonry
materials to the front facade. The accommodation of adequate access
for service delivery trucks may be evaluated to determine the extent
of screening required.
Trash Receptacles and Recycling Receptacles: Trash and recycling
receptacles shall be four sided with a gate and located outside
bufferyards, and to the side or rear of the princi.val building. They
I shall be screened by a minimum eight foot (8') solid masonry screen
2 and shall utilize similar masonry materials to the principal structure."
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SECTION 4.
Ordinance No 480, as amended, is hereby amended by revising Section 43, "III. Residential
Adjacency Standards," by revising subparagraphs 43.10, 43.11, and 43.12 and by adding
subparagraph 43 13 to read as follows.'
"111 RESIDENTIAL ADJACENCY STANDARDS
43.10
The following residential adjacency standards shall apply to all non-single
family residential buildings or uses located within the Corridor Overlay Zone,
the Village Center, and those buildings and/or uses lying within four hundred
feet (400') of single family residential property.
These standards are in addition to the development regulations applicable to
the underlying zoning district and the corridor overlay zone (where
applicable). When any requirements in this section are in conflict with any
other requirements for the underlying zoning district, the more stringent
requirements shall apply.
4311
PURPOSE AND INTENT - In order to preserve and protect the integrity of
residential neighborhoods within the City of Southlake, and in an effort to
protect the quiet enjoyment of single family residential properties and to
maintain property values, the City has determined that it is necessary and
appropriate to adopt specialized regulations for non-single family residential
uses and buildings that develop within 400 feet of single family residential
properties
43.12
DEFINITIONS AND APPLICABILITY - For purposes of Part III of Section
43, the four hundred foot (400') distance shall be measured from the non-
single family residential building and/or use to the property line of the single
family residential property and the following terms shall be defined as:
Non-single Family Residential Use or Buildine - All nonresidential district
uses or buildings as well as two-family and multiple-family residential district
uses or buildings.
Pitched Roofs - A roof system having two or more slopes, excluding visible
flat or built-up roofs
Single Family Residential Property - Any lot or tract of land with single
family residential zoning (i.e., RE, SF-1A, SF-1B, SF-30, SF-20A, SF-20B,
and R-PUD) or any lot or tract of land designated as low or medium density
2 residential on the Land Use Plan.
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Vi~ibl~ - Capable of being seen at a height of six feet (6) while standing at the
highest grade on the residential property line.
43 13
DEVELOPMENT REGULATIONS: In addition to the development
regulations set forth in the underlying zoning district, a plan meeting the
requirements set forth in subparagraph 43 9a of this section and meeting the
following additional development regulations shall be required to be submitted
for any use or building that develops within 400 feet of single family
residential properties. When applicable, line-of-sight drawings shall be
submitted with the application to assess issues of visibility.
Masonry Requirements: All facades of the applicable buildings shall be
constructed with the same material(s) and all buildings shall meet the
masonry requirements as set out in Ordinance No 557, as amended.
However, such masonry requirements shall exclude the use of cement,
concrete tilt wall and other masonry materials of similar characteristics.
In addition, the use of standard concrete block shall be limited to 10% of
any facade which is visible.
Stucco or plaster shall only be allowed when applied using a 3-step
process over diamond metal lath mesh to a 7/Sth inch thickness or by
other processes producing comparable stucco finish with equal or greater
strength and durability specifications. It shall be the sole authority of the
Chief Building Official to determine when synthetic products are
comparable in strength and durability to stucco finishes.
The use of synthetic products (e.g., EIFS, Hardy plank, or other
materials approved by the Chief Building Official, as noted above) shall
be limited to eighty percent (80%) of the building's exterior finishes,
exclusive of all windows, doors, and glass construction materials.
Roof Design Standards: In an effort to screen rooftop mechanical
equipment, other appurtenances, and flat or built-up roofs, all structures
having a 6,000 square feet or less footprint shall be constructed with a
pitched roof. Those structures having a footprint greater than 6,000
square feet shall be constructed with either a pitched, parapet, or
mansard roof system (enclosed on all sides). Standing seam metal roofs
shall be constructed of a factory-treated, non-metallic, matte finish.
Metal roofs with lapped-seamed construction, bituminous built-up roofs,
and flat, membrane-type roofs which are visible shall be prohibited.
C
Mechanical Equipment Screening: All buildings must be designed such
that no mechanical equipment (HVAC, etc.) or satellite dishes shall be
visible This shall include equipment on the roof, on the ground 0r
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otherwise attached to the building or located on the site.
Rooftop mechanical equipment and / or other rooftop appurtenance
screening shall be accomplished by either the construction of 1) the
roof systems described in subparagraph (b) above or 2) an
architectural feature which is integral to the building's design and
ensures that such equipment is not visible. The fencing of or
enclosure of individual mechanical units shall not be permitted
except as described above.
All rooftop mechanicals or architectural features described herein
shall be shown on the required building elevations at the time of site
plan approval.
d. Facade Articulation: On all facades the following horizontal and vertical
articulation must be met (see Exhibit 43-A for clarification).
Horizontal Articulation: No building facade shall extend greater
than three (3) times the wall's height without having a minimum
off-set of 15% of the wall's height, and such off-set shall continue
for a minimum distance equal to at least 25% of the maximum
length of either adjacent plane.
ii.
Vertical Articulation: No horizontal wall shall extend for a
distance greater than three (3) times the height of the wall without
changing height by a minimum of 15% of the wall's height, and
such height change shall continue for a minimum distance equal to
at least 25% of the maximum length of either adjacent plane.
e. Height: Same as in underlying zoning
Loading and Service Areas: Loading and service areas shall be located
at the side or rear of buildings. Where visible, a minimum 10 foot solid
screening wall shall be required to screen views of loading docks and
loading spaces intended for tractor/semi-trailer delivery. This 10 foot
wall must screen the entire loading dock or space. Screening materials
shall utilize similar masonry materials to the building's facades. The
accommodation of adequate access for service delivery trucks may be
evaluated to determine the extent of screening required.
Trash Receptacles and Recycling Receptacles: No trash receptacles or
recycling receptacles shall be located within fifty feet (50') of single
family residential property. Trash and recycling receptacles shall be four
sided with a gate and located outside bufferyards, and to the side or rear
of the principal building. They shall be screened by a minimum eight foot
(8) solid masonry screen and shall utilize similar masonry materials to the
building' s facades."
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J
Setbacks / Yards: No non-single family residential building may
encroach in the area above a line having a slope of 4: l from any single
family residential property. However, a structure may be built up to
within 40 feet of the residential property line, provided that the structure
is no greater than one story or 20 feet in height. (See Exhibit 43-E for
clarification. )
Any applicable structures abutting a local street (i.e., residential street
and cul-de-sac as defined in the Thoroughfare Plan) shall provide
minimum front and side yards equivalent to the front and side yards
required for the single family residential property within 400,' but not
less than the front and side yards otherwise required in the underlying
zoning district.
i. Spill-over Lighting:
No use or operation shall produce direct or indirect illumination
across a residential property line from a source of illumination nor
shall any such light be of such intensity as to create a nuisance or
detract from the use and enjoyment of adjacent property.
A nuisance shall be defined as more than two-tenths (0.2) of one
foot candle of light measured at the property line.
Noise:
Measurement: Measurement of noise shall be made at the
residential property line with a sound level meter and octave band
analyzer meeting the standards prescribed by the American
Standards Association.
2. Noise Level at Property Lines:
(a)
Nighttime Noise Level: Noise levels shall not exceed 49
dBA at a residential property line between 7 p.m. and 7
a.m.
(b)
Daytime Noise Level: Noise levels shall not exceed 56
dBA at a residential property line.
(c)
Octave Band Standards: At no point along the bounding
property line of any lot or parcel in a residential district
shall the sound pressure level of any operation or activity
exceed the decibel limits specified in the octave band
groups designated in the following table:
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Octave Band Range Decibel Band Limit
(cps) (dB re 0.0002 microbar)
37 - 75 80
75 - 150 68
150 - 300 61
300 - 600 55
600- 1200 51
I200 - 2400 48
4800 - 9600 43
A scale (for monitoring 56
purposes only)
Noise Level Adjustments:
Nighttime Noise - Between 7 am and 8 pm - Subtract
7 db
Impulsive Noise - Subtract 7 db
(Meter reading changes at a rate greater than 10 db
per second)
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Higher Ambient Noise Levels: Where ambient noise levels from
traffic or multiple sources already exceed the standards, the
subject source may not increase that existing noise level.
Variances: Variances to the development regulations in this Section shall
be limited tn those set forth in Section 43.9 b of this ordinance."
SECTION 5.
Ordinance No. 480, as amended, is hereby amended by adding new sections 8.6, 16.6,
17.6, 18.6, 194, 20 6, 21.6, 22.6, 23.6, 24.6, 25.6, 26.6, 27.6, 28.6, 29.6, 30.6, 31.4 and 32.4
each respectively to read as follows, and by renumbering the remaining sections accordingly:
"ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR
USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE
FAMILY RESIDENTIAL PROPERTY - In addition to the development
regulations applicable to this zoning disthct, the development regulations in
"Section 43 III, "Residential Adjacency Standards," shall also apply. When
any requirements in this section are in conflict with any other requirement~ for
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this zoning district, the more stringent requirements shall apply."
SECTION 6.
Section 43.9b, "Variances_" (Corridor Overlay Zone)of Ordinance No. 480, as
amended, is hereby amended by adding the following provision thereto:
"Vahance~ - 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 Section and to Section 35.6, "Number of Off-Street Parking Spaces
Required." A parking space variance can only be at the request of the
Owner/Applicant and cannot be required by the City Council as a part of their
approval of any Concept Plan, Site Plan, Developer's Agreement or by any
other means. The City Council shall be limited to granting a variance to no
more than ten percent (10%) of the required number of off-street parking
spaces."
SECTION 7.
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 8.
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.
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SECTION 9.
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 if permitted to exist shall constitute a separate offense.
SECTION 10.
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 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 11.
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 12.
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 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 or its
caption and penalty in the official City newspaper one time within ten days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
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SECTION 13.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and shall apply to all applications filed after the effective date,
and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS
DAY OF ~ ,1998.
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
APPROVED AS TO FORM AND LEGALITY:
AT,ST:
C T¥
~I~Y ATTORNEY
DAY OF