480-HHH
OFFICIAL RECORD
ORDINANCE NO. 480-HHH
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTIONS 11, 29, AND 41 AS
THEY PERTAIN TO CONCEPT PLAN REQUIREMENTS; AMENDING
SECTION 30 AS IT PERTAINS TO RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT REGULATIONS; 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 ofthe Texas Constitution and Chapter
9 ofthe Local Government Code; and
WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive
Zoning Ordinance for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best interest
of the city to promote the public health, safety, and general welfare of its residents by amending
Ordinance No. 480 as provided herein; and
WHEREAS, the city council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance and subdivision ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
Ordinance 480, as amended, the City of South lake's Comprehensive Zoning Ordinance Section
11, be amended to add Section 11.7 as follows:
11.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this
ordinance is required to be submitted with a request for zoning to an SF-IA Single
Family Residential District.
SECTION 2
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section
29, be amended to add Section 29.8 as follows:
29.8 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 ofthis
ordinance is required to be submitted with a request for zoning to an "MH" Manufactured
Housing District.
SECTION 3
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section
41.1 be amended to read as follows:
41.1 PURPOSE AND INTENT - Approval of a Concept Plan shall be required in connection
with any request for zoning to any SF-lA, SF-IB, SF-30, SF-20A, SF-20B, S-P-2, MF-l,
MR, CS, B-1, B-2, and HC zoning districts, unless such zoning request is upon the
application ofthe City. (As amended by Ordinance No. 480-M and 480-HHH)
SECTION 4
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section
30 be amended as follows:
Amend Section 30.3 to read as follows:
30.3 RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD District is
developed primarily for residential uses, the tract shall have a gross area of at least one
(1) acre.
A residential PUD district may be designed to accommodate the following
development:
a. Dwelling units grouped into clusters, allowing an appreciable amount of land
for open space.
b. Projects with much or all of their housing in townhouses or apartments or both.
c. Higher densities than conventional single-family projects ofthe same acreage.
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d. Part of the land used for non-residential purposes, such as shopping or
employment centers.
e. Preservation or enhancement of areas exhibiting environmentally significant
natural features.
Amend Section 30.11 to read as follows:
30.11 COMMON OPEN SPACE - For all residential uses within a planned unit
development, common open space (whether dedicated to public use or owned and
maintained in common by all or part of the occupants of the PUD through a property
owner association) shall be reserved primarily for the leisure and recreational use of
the occupants of the residential uses. The common open space shall comprise not less
than ten (10) percent of the gross site area within a Residential Planned Unit
Development (R-PUD). The location of open space shall be subject to City Council
approval. The amount of said common open space may be varied downward by the
City Council when a lesser amount of such open space would be more appropriate to
the density of development or size of families or households proposed in a project, or
where the availability and nature of adjacent public open space is such that a lesser
amount of common open space would adequately protect the health, safety and
welfare and promote the orderly development of the residential uses.
For the purpose of this section, common open space shall include:
1. Land area accessible to and permanently reserved for the common use and
enjoyment of the occupants of the residential project for leisure and
recreational purposes, not including area devoted to parking and accessory
uses.
2. Golf courses, parks, and other open greenbelt areas adjacent to the project,
whether publicly or privately owned, which are readily accessible.
3. School sites, excluding the area devoted to buildings.
Land required for common open space shall not include the following:
1. Areas reserved for the exclusive use and benefit of an individual tenant or
owner.
2. Dedicated streets, alleys or public rights-of-way.
3. Vehicular driveways, private streets or parking, loading or storage areas.
4. Areas in retention and detention ponds of drainage easements in excess of25%
of the total open space area.
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In residential PUDs where homeowners associations are to be established for the
purpose of ownership and/or management of common open spaces, all such
associations shall be subject to the approval of the City. In residential PUDs that
either create four (4) or fewer residential lots or 0.5 acres or less of open space, the
required common open space may be in perpetual conservation or tree preservation
easements as defmed and approved in the ordinance creating the R-PUD.
SECTION 5
All rights or remedies of the City of Southlak:e, Texas, are expressly saved as to any and
all violations of Ordinance No. 480, as amended, or of any zoning ordinance or amendments
thereto of said City of South lake, Texas, that have accrued at the time of the effective date of this
ordinance; and as to such accrued violations, the Court shall have all the powers that existed
prior to the effective date of this ordinance; and all existing violations of previous zoning or
building ordinances which would otherwise become non-conforming uses under this ordinance,
shall not become legal non-conforming uses under this ordinance but shall be considered as
violations of this ordinance in the same manner that they were violations of prior zoning
ordinance of the City ofSouthlak:e, Texas.
SECTION 6
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
3
SECTION 7
Any person, fum 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
fmed 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 8
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning yard regulations which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until fmal disposition by the courts.
SECTION 9
The City Secretary ofthe City of South lake 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 10
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fme or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
4
caption and penalty in the official City newspaper one time within ten days after fmal passage of
this ordinance, as required by Section 3.13 ofthe Charter of the City ofSouthlake.
SECTION 11
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 21st day of March, 2006.
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PASSED AND APPROVED on the 2nd reading the 4th day of April, 2006.
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INVOICE
Star-Telegram Customer ID: C1T57
400 W.7TH STREET R E r`l•E I 1 E D Invoice Number: 268395931
FORT WORTH,TX 76102 f� V
(817)390 7761 Invoice Date: 4/7/06
Federal Tax ID 22-3148254 APR 1 8 2006 Terms: Net due in 21 days
Due Date: 4/30/06
Bill To: PO Number: P-Card
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST Order Number: 26839593
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Date: 4/7/06
LDescription Location Col Depth Linage MU Rate Amount l
CITY OF SOUTHLAKE ORDINANCE NO 13580 1 89 89 LINE $0.81 $72.09
CITY OF
SOUTHLAKE •
ORDINANCE NO.
AN 4 ORDINANCE Net Amount: $72.09
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED, 'THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE
TEXAS_; AMENDING
AND
AS 11.
PERTAIN TO CON-
CEPT PLAN RE-
AAQMENDING E N
SEC-
TION 30 AS IT
PERTAINS TO RES-
IDENTIAL PLANNED
UNIT DEVELOP-
MENT DISTRICT
REGULATIONS_,:
PROVIDING THA
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL �� CHRISTYL.HOLLAND
ORDINANCES; "R� °s MY COMMISSION EXPIRES
PROVIDING A SEV-
ERABILITY :.: �3
CLAUSE; N
PROVIDING FOR A '•• it �U 3t, 8
PENALTY FOR VIO- '"'•:�p;k'°
THE STATE OF TEXAS LATIONS HEREOF;
PROVIDING FOR A
County of Tarrant PRDLAFROVI PROVIDING CLAUSE;
PUBLICATION IN
APROVIDING FORM;
FI
Before me,a Notary Public in and fc PUBLICATION IN 'te,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegram, published by I THE
OFFICIAL at Fort rth, in Tarrant County,Texas;and who, after being duly sworn, did
depose and say that the attached( PROVIDING AN EF- =me t w ds published in the bove named paper on the listed dates: BIDS&
LEGAL DEPT. STAR TLEGRAM FECTIVE }
SECTIOONN 4. 1\v/PENALTY
(817) 390-7320 Any person, firm, orjjc,corporation who v „...,00, u,
lates,disobeys,omits,
---
neglects,or refuses to
comply with or who
resists the enforce-
ment of any of the
provisions of this or-
SUBSCRIBED AND SWORN TO BEFOR dinance shall be fined ,ril 10, 2
not more than two
hundred dollars //
($200.00) for each
offense. Any person, C
firm or corporation
who violates, dis-
obeys,omits,neglects
Thank You For Your Paym or refuses reto comply is the
with or who resists fhe
enforcement of any of
the provisions of
Section Three of this _
ordinance shall be
fined not more than
five hundred dollars
($500.00) for each
offense.Each day.that
a violation is permitted
Remit To: Star-Telegram tuteXat shall ate"of- Customer ID: CIT57
tense.
PASSED AND AP-
P.O. BOX 901051 P PROVED THIS THE Customer Name: CITY OF SOUTHLAKE
2t006 ADURING THE
FORT WORTH, T REGULAR CITY COUNCIL MEETING. Invoice Number: 268395931
MAYOR:
Andy Wambsganss Invoice Amount: $72.09
ATTEST:
Lori Farwell,
City Secretary PO Number: P-Card
•
Amount Enclosed: $
INVOICE gti( tn,
Star-Telegram Customer ID: CIT57
400 W.7TH STREET - C Invoice Number: 267544021
FORT WORTH,TX 76102 RECEt ��ED
(817)390-7761 Invoice Date: 3/17/06
Federal Tax ID 22-3148254 L006 Terms: Net due in 21 days
MAR 2 ? Due Date: 3/31/06
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST Order Number: 26754402
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 3/17/06
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 1 101 101 LINE `0.81 ` R 1.8 I
CITY OF SOUTH-
Notice Is h.r by given
by theCi COT Co Chia of S81.81
the City o lake, Net Amount:
Texas, that a public
hearing will be held
on April 4, 2006, at
6:00 p.m. or immedi-
ately following the
Work Session,during
the Regular City•
Council meeting to be
held in the City
Council Chambers of
Town Hall, 1400 Main
Street, Southlake,
Texas.Purpose of the
public hearing is to
consider the second
reading of the fol-
lowingg ordinance:
ORDINANCE NO.
480-HHH
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS ,a
AMENDED, 'THE r-- -
COMPREHENSIVE .,a:';p
ZONING ORDI- ;:- '"'y CHRISTY L.HOLLAND
NANCE OF THE CITY -
OF SOUTHLAKE _: MY COMMISSION EXPIRES
TEXAS; AMENDING 1I '°?,�RyiktP< July 31,2008
AND 41 AS tHE' il...
THE STATE OF TEXAS PERTAIN TO. CON-
CEPT PLAN RE-
County of Tarrant QUIRAAMENDING E NSEC-
TION 30 AS IT
PERTAINS TO RES-
Before me,a Notary Public in and for said C UNITTIALDEVELOP s day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegram, published by the Star- REGULATIONS_;DISTRICT rt WO , in Tarrant County,Texas;and who, after being duly sworn,did
depose and say that the attached clippin0 THIISSVIDORDINANCIt was ublished in the a ve named paper on the listed dates: BIDS&
LEGAL DEPT. STAR TLEGRAM SHALL BE CUMU-
LATIVE OF ALL
(817) 390-7320 ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE-
PROVIDING FOR /(
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING FOR A •
SSUBSCRIBED AND SWORN TO BEFORE ME,TI PROVIDINCLAUSE_;20,
PUBLICATION IN; ‘PAMVIDING
FOFOR �(/1
PUBLICATION IN
THE OFFICIAL
NEWSPAPER- AND
PROVIDING AN EF-
FECTIVE DATE.
Thank You For Your Payment SPEETIONY
NALT
Any person, firm, or
corporation who vio-
lates,disobeys,omits,
neglects,or refuses to
comply with or who
resists the enforce-
ment of any of the
provisions of this or-
dinance shall be fined
Remit To: Star-Telegram not more than two Customer ID: CIT57
hundred dollars
P.O. BOX 901051 offense. Any person Customer Name: CITY OF SOUTHLAKE
firm or corporation
FORT WORTH, TX who
b ys,violates,
im'its neglects Invoice Number: 267544021
or refuses to comply
with or who resists the
enforcement of any of Invoice Amount: $81.81
the provisions of
Section Three this PO Number: NO PO
ordinance shalll h be
fined not more than
five hundred dollars -_--I
(ffs0a.00 for each Amount Enclosed: $
offense.Each day that
a violation is permitted
to exist shall consti-
tute a separate of-
fense.
City of Southlake
Lori Farwell
City Secretary