Item 7D
City of Southlake
Department of Planning
MEMORANDUM
March 29, 2006
TO: Shana Yelverton, City Manager
FROM: Ken Baker, AICP, Planning Director
SUBJECT: Ordinance 480 – HHH - an amendment to the Comprehensive Zoning Ordinance No.
480, as amended, as it pertains to Planned Unit Development districts and plan
requirements with certain zoning districts.
________________________________________________________________________________
REQUESTEDACTION: Conduct a Public Hearing on proposed Ordinance 480-HHH
Conduct a second reading on proposed Ordinance 480-HHH
BACKGROUND: Based on discussions with the Planning and Zoning Commission
and City Council, staff is proposing the following amendments to
the Comprehensive Zoning Ordinance:
1. Requiring concept plans for all new residential development
proposed in the “SF-1A, “SF-1B”, and “MH” districts (Sections
11, 29, and 41)
2. Planned Unit Development Standards (Section 30): as they
pertain to the implementation of the Tree Preservation
Ordinance including:
a. Reducing the minimum area required for an R-PUD from
20 acres to 1 acre
b. Limiting the percentage of common open space to be in
retention and detention areas to 25% or less
c. Requiring open space of a minimum of 10% the gross site
area
d. Allowing 100% of the required open space to be in
conservation easements or tree preservation easements in
R-PUDs that have 4 residential lots or less or result in the
creation of open space of 0.5 acres or less
Attached with this memo are the corresponding sections of the
zoning ordinance with the strikethrough and underlined text to
indicate the changes proposed. For questions about the proposed
changes, please contact Ken Baker.
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FINANCIAL
CONSIDERATIONS: None
LEGAL REVIEW: Yes
CITY COUNCIL
ACTION: Approved on first reading (7-0) on March 21, 2006
P&Z ACTION: Recommended approval (6-0) with noted changes
ATTACHMENTS: Proposed Section 11 – “SF-1A” Single Family Residential District
Section 29 – “MH” Manufactured Housing District
Section 30 – “PUD” Planned Unite Development district,
Section 41 – Concept Plans
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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 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive
Zoning Ordinance for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best interest of
the city to promote the public health, safety, and general welfare of its residents by amending
Ordinance No. 480 as provided herein; and
WHEREAS, the city council has given published notice and held public hearings with respect
to the amendment of the zoning ordinance and subdivision ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance Sections
11, 29, 41, and 30 be amended to read as follows:
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SECTION 11
SF-1A SINGLE-FAMILY RESIDENTIAL DISTRICT
11.1 PURPOSE AND INTENT - The purpose and intent of the SF-1A Single Family Residential
District is to provide for compatible land, building, and structure uses primarily oriented to
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low density residential purposes, select agricultural uses, open space uses, and select
community facility uses. The SF-1A district may serve as a transitional element between
limited residential development and intense agricultural activities and higher density urbanized
areas of this City. Low density detached single family residential dwellings and development,
along with the aforedescribed uses, comprise the principal elements of the district.
11.2 PERMITTED USES
a. Agricultural Uses - Agricultural uses whose products are grown primarily for home
consumption, such as domestic gardening, berry or bush crops, tree crops, flower
gardening, orchards, and aviaries.
b. Residential Uses - Single family detached dwellings.
c. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space including playgrounds, parkways, greenbelts, ponds and
lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails,
nature centers, bird and wildlife sanctuaries;
3. Private boat docks, swimming pools and game courts;
4. City hall, fire and police stations and other municipal uses; and
5. Other uses of a similar nature and character.
11.3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section
34 of this ordinance, any use may be established as an accessory use to a permitted use when
it complies with the conditions for an accessory use as defined in this ordinance.
11.4 SPECIFIC USE PERMITS - 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. (As amended by Ordinance No. 480-C.)
11.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations
shall be applicable:
a. Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it
exceed thirty-five (35) feet.
b. Front Yard: There shall be a front yard of not less than forty (40) feet.
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c. Side Yard: There shall be a side yard of not less than twenty (20) feet.
d. Rear Yard: There shall be a rear yard of not less than forty (40) feet.
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage
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not exceeding twenty percent (20%) of the lot area, except the sum total of accessory
buildings shall not exceed 1,000 square feet. (As amended by Ordinance No. 480-C.)
f. Lot Area: The minimum area of a lot shall be forty-three thousand five hundred sixty
(43,560) square feet.
g. Lot Dimensions: Each lot shall have a minimum width of one hundred (100) feet and a
minimum depth of one hundred twenty-five (125) feet.
h. Floor Area: The main residence shall contain a minimum of two thousand (2,000) square
feet of floor area.
i. Maximum Residential Density: The maximum number of dwelling units per acre shall be
1.0.
11.6 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. (As amended by Ordinance No.
480-D.)
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-1A Single Family
Residential District.
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SECTION 29
Formatted: Left: 1", Top: 0.75", Bottom: 1",
"MH" - MANUFACTURED HOUSING
(As amended by Ordinance No. 480-QQ)
Header distance from edge: 0.75", Footer
(As further amended by Ordinance No. 480-EEE)
distance from edge: 0.55"
29.1 PURPOSE AND INTENT - This zoning classification is established to provide for diverse
types of single-family residential uses, including manufactured homes, industrialized
(modular) homes and site built homes. This zoning classification provides appropriate
development standards for the placement of manufactured, industrialized and site built
housing in the City of Southlake where adequate streets and other community facilities are
available for present and future needs. Manufactured housing shall only be permitted in the
MH district unless otherwise specifically authorized elsewhere in this ordinance. (as
amended by Ord. 480-QQ)
29.2 PERMITTED USES
29.2 PERMITTED USES (as amended by Ord. 480-QQ)
Residential Uses:
a.
Single-family detached (one dwelling unit per lot)
Home occupation
Recreational uses:
b.
Parks and open space (for recreational, resource protection, conservation, and
health and safety benefits)
Public playgrounds, greens, plazas, and squares
29.3 TYPES OF RESIDENTIAL STRUCTURES PERMITTED
(as amended by Ord. 480-QQ)
HUD-code manufactured homes
Industrialized or modular housing
Site built housing
29.4 ACCESSORY USES - In addition to those accessory uses specifically authorized in
Section 34 of this ordinance, any use may be established as an accessory use to a permitted
use when it complies with the conditions for an accessory use as defined in this ordinance.
29.5 SPECIFIC USE PERMITS - 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. (As amended by Ordinance No. 480-C.)
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29.6 DEVELOPMENT REGULATIONS - In this district, the following development
regulations shall be applicable:
a. Height: No building or structure hereafter erected, reconstructed, altered or
enlarged shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-
five (35) feet.
b. Front Yard: There shall be a front yard of not less than fifteen (15) feet. Corner
lots shall have a minimum side yard of ten (10) feet on the second front yard.
c. Side Yard: There shall be a minimum side yard requirement of not less than ten
(10) feet on all lots, except that corner lots may have a minimum side yard of five
(5) feet on the side yards adjacent to interior lots.
d. Rear Yard: There shall be a rear yard having a depth of not less than twenty-five
(25) feet, except that the principal building may encroach as close as fifteen (15)
feet to the rear property line as long as no more than fifty percent (50%) of the
area between the twenty-five (25) foot and fifteen (15) foot rear yard area and the
ten (10) foot side yard setbacks is encroached. (As amended by Ord. No. 480-
EEE)
e. Only one residential structure may be placed upon an approved lot.
f. Lot Area: The minimum area of a lot shall be 20,000 square feet. The minimum lot
area set forth above shall not apply to any unplatted tract, deeded and filed of
record prior to January 1, 2000. Subsequent to the enactment of this ordinance,
no property in the MH zoning district may be subdivided or re-subdivided to a lot
or tract size less than the smaller of 20,000 square feet or the size of the tract as it
existed on January 1, 2000, with the exception of deviations authorized below:
Deviations from deeded tract boundaries may be authorized by the City
Council with plat approval. When preparing a plat for the subdivision or re-
subdivision of unplatted tracts in the “MH” - Manufactured Housing
district, the subdivider is encouraged to formalize pre-existing tract
patterns into lots. In an effort to establish a consistent and cohesive lot
pattern, limited deviations from the pre-existing tract area boundaries may
be permitted due to irregularity in tract ownership and development. Any
such allowance shall not result in an increase in the total number of
tracts/lots unless authorized by City Council. Any changes from the pre-
existing tract layout shall be firmly based on promoting a regular lot pattern
that is in keeping with the characteristics for that particular neighborhood.
g. Width of Lots - The width of a lot shall be a minimum of sixty (60) feet at the
building line.
h. Maximum Lot Coverage – Lots having an area of ten-thousand (10,000) square
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feet or less, all buildings or structures shall have a maximum lot coverage not
exceeding forty five percent (45%) of the lot area and Lots having an area greater
than ten-thousand (10,000) square feet shall have a maximum lot coverage not
exceeding thirty percent (30%) of the lot area. The sum total of accessory
buildings shall not exceed 600 square feet and shall be included in the calculation
of lot coverage.
29.7 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. (As amended by
Ordinance No. 480-D.)
29.8 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 “MH” Manufactured
Housing District.
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SECTION 41
CONCEPT PLANS
(As amended by Ordinance No. 480-C)
41.1 PURPOSE AND INTENT - Approval of a Concept Plan shall be required in connection with
any request for zoning to any SF-1A, SF-1B, SF-30, SF-20A, SF-20B, S-P-2, MF-1, MH,
CS, B-1, B-2, and HC zoning districts, unless such zoning request is upon the application of
the City. (As amended by Ordinance No. 480-M.)
41.2 APPLICATION / FORMAL SUBMITTAL - A written application for Concept Plan approval
shall be filed with the Administrative Official on forms prepared by the City, together with all
required documents, such as studies, drawings, exhibits, or other ordinance requirements, in
sufficient size and number as required by the most current submittal policies, and any
reasonable information requested by the Administrative Official to assist the City in its review
of the application. The application shall be signed by the owner, lessee, developer or option
holder of the property. Any Concept Plan application submitted after a submittal deadline has
passed will be processed at the next applicable submittal deadline. An application will not be
advertised for public hearing nor forwarded to the Planning and Zoning Commission and the
City Council for action until it meets the criteria of a formal submittal. (As amended by Ord.
No. 480-FF)
41.3 CONTENT OF CONCEPT PLAN - A Concept Plan shall include all of the following
information in graphic representation or written documents as appropriate, and shall be
prepared by a registered architect, registered engineer, registered surveyor, or a registered
landscape architect:
a. North arrow, graphic and written scale in close proximity.
b. Vicinity map indicating the area in which the property is located.
c. Appropriate title, i.e., "CONCEPT PLAN FOR ____ Zoning Request."
d. Title includes project name, City, County, State.
e. Title includes gross acreage and date of preparation.
f. Provide name and address of owner and/or applicant.
g. Provide name, address, and phone of consultant who prepared the plan.
h. Legal description and a survey or plat certified by a registered professional land surveyor
showing boundary dimensions, bearings, and existing easements.
i. Label the existing zoning of the property, the existing land use, the proposed land use
designation, and any proposed zoning.
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j. Adjacent tracts labeled with owners name, existing zoning and proposed land use
designation (L.U.D.).
k. Conceptual representation of proposed use(s) and generalized representation of proposed
improvements.
l. Conceptual representation of points of connection to public rights-of-way.
m. Approximate extent of existing tree cover.
n. Label all required Bufferyards as to type and width.
o. Computation of proposed number of dwelling units.
p. Screening and landscaping plan shall be required where such treatment is essential to the
proper arrangement of the development. Such plan when required should include
screening walls, ornamental planting, lawns and gardens, playgrounds, and wooded areas
that are to be retained.
q. Other information the applicant and/or owner might wish to include.
r. Such other information as may reasonably be required by the City Staff, Planning and
Zoning Commission or the City Council.
41.4 EFFECT OF CONCEPT PLAN - All subsequent site plans or development plans shall
substantially conform to the Concept Plan approved with the zoning application. If, in the
opinion of the Administrative Official, the site plan or development plan does not substantially
conform to the Concept Plan approved by the City Council, the applicant shall either seek
approval of the revised Concept Plan per Section 41 or a revised site plan or development
plan per Section 40. Approval of these Plans shall be within the authority of the City Council
upon a recommendation by the Planning & Zoning Commission. (As amended by Ordinance
No. 480-M.)
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SECTION 30
"PUD" PLANNED UNIT DEVELOPMENT DISTRICT
(As Amended by 480-RR)
30.1 PURPOSE AND INTENT - The purpose of this district, sometimes identified as a suffix
to one of the other districts, is to permit flexibility and encourage a more creative, efficient
and aesthetically desirable design and placement of buildings, open spaces, circulation
patterns and to best utilize special site features such as topography, size and shape. It is
intended that the flexibility permitted by this zoning category extends to discretionary
approval, in conjunction with site plan or concept plan review, not limited to, but including
such items as those relating to parking space requirements, building line setbacks, square
footage of buildings and structures, sign placement and specifications and protective
screening in order to achieve conformance with good planning practices. This district may
also be used to accommodate planned associations of uses developed as integral land use
units, including mixed uses, which may be planned, developed and operated either by a
single owner or a combination of owners.
30.2 PERMITTED USES - The PUD District, when approved as a suffix to a particular zoning
district, will allow the development of any combination of uses which are permitted in that
district. The PUD District may also be approved for a specific use or uses, or a class of
generic uses such as office, retail, personal services, educational facilities or warehousing.
a. In the event certain uses are deemed inappropriate in a PUD district, whether
approved for specific uses or as a suffix to another district, the use of the property
may be specifically restricted by eliminating certain uses from the category of
permitted uses.
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 twenty
(20) One (1) acres.
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 of the same acreage.
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.
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30.4 NON-RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD District is
developed primarily for non-residential uses, the tract shall have a gross area of at least five
(5) acres. A non-residential PUD district may be designed to accommodate the following
development:
a. Commercial or industrial uses grouped into clusters, allowing an appreciable amount
of the land for open space or joint use such as parking and storage.
b. Commercial or industrial projects with part of the land used for residential purposes.
c. Single purpose commercial or industrial uses projected to involve innovative land
utilization.
30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space, and other
development regulations for permissible uses in a PUD district shall conform to the
development regulations which would be applicable to such uses if the same were situated in
the most restrictive district in which such uses are permitted. Zero lot line development may
be permitted for non-residential uses on a common interior lot line where construction of a
party wall is used. Where zero lot development is utilized, the equivalent open space and
plantings (normally provided in adjoining bufferyards along the common lot line) shall be
provided elsewhere within the two developing lots. In addition, the City Council may
approve more flexible development standards if other design features provide adequate
protection to surrounding and adjacent properties. For any residential PUD, the maximum
density permitted shall not exceed 1.80 dwelling units per gross acre. This calculation shall
exclude all proposed nonresidential acreage from the gross acreage. In any residential PUD,
all buildings and structures shall have a maximum lot coverage not exceeding thirty percent
(30%) of the lot area, except the sum total of accessory buildings shall not exceed six hundred
(600) square feet. (As amended by Ordinance No. 480-U.) (As further amended by Ordinance
No. 480-X.)
When developing a residential PUD in phases, the City Council shall establish in the individual
PUD ordinance the maximum density permitted in each phase to assure that the maximum
density of the entire residential PUD is not exceeded once complete buildout is achieved. (As
amended by Ordinance No. 480-C.)
The Board of Adjustment may grant variances of up to, but not exceeding, ten percent (10%)
of any required setback or lot coverage requirement established by the City Council in the
specific P.U.D. regulations at the time of zoning of said Planned Unit Development. This
approval shall be per the requirements set forth in Section 44.3 (b) of the Zoning Ordinance.
(As amended by Ordinance No. 480-L).
30.6 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 district,
Section 43, Part III, Residential Adjacency Standards
the development regulations in , shall
also apply. When any requirements in this section are in conflict with any other requirements
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for this zoning district, the more stringent requirements shall apply. (As amended by
Ordinance No. 480-CC).
30.7 PARKING REGULATIONS
a. All parking and vehicle use areas shall be paved with an all-weather surface.
b. Off-street parking facilities shall be provided at locations designated on the approved
development plan.
c. Minimum off-street parking requirements shall be established in the approved
development plan. Any deviation less than the minimum requirements specified in
Section 35 shall require specific approval from the City Council. (As amended by
Ordinance No. 480-M.)
30.8 APPLICATION - An application for a Planned Unit Development District shall be made to
the Planning and Zoning Commission in the same manner that an application for zoning
change is made. The application shall be processed according to the procedures specified
herein. For purposes of application processing, all Planned Unit Development applications
shall initially be divided into two (2) broad categories:
1. Planned Unit Developments encompassing one hundred (100) acres or less in land
area. These shall require the submission and processing of a Development Plan and
any specific Planned Unit Development ordinance approving such a proposal shall
require specific compliance with the terms of the development plan which shall be
incorporated by reference into the Zoning Ordinance Amendment.
2. Planned Unit Developments encompassing more than one hundred (100) acres of land
area shall be given the opportunity at the time of zoning application to select between
two (2) alternative processing procedures:
a. The applicant may choose to submit a Development Plan in conformance with
the provisions of this Section and thereby complete all processing
requirements at the inception of the zoning action.
b. The applicant may choose to submit a Concept Plan for the entire Planned
Unit Development area. In addition to the requirements set forth in Section
41.3 of this ordinance, the Concept Plan shall include the following:
(1) A preliminary drainage study;
(2) A preliminary major utility layout showing water and sewer mains, etc.
(3) A proposed major thoroughfare plan; and
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(4) A legend detailing the minimum area of open space, the maximum
density, the percentage of land allotted to each use, and the general
location of each use.
The zoning application may then be processed and a zoning classification of
Planned Unit Development allocated to the site by appropriate municipal
ordinance. The ordinance will identify the tract as a Planned Unit
Development and will identify the types, intensity and density of land uses on
the site. The ordinance will further provide that no actual construction can
commence on any portion of the project until a Development Plan complying
with the provisions of this Section has been processed and approved on that
specific section or phase of the Planned Unit Development. Each
Development Plan which is submitted for approval of a specific section or
phase of the Planned Unit Development shall cover a minimum of fifty (50)
acres. This approach is designed and intended to allow a large development
to be approved in concept and then constructed in phases. The City
recognizes that it may not be feasible and it may be unrealistic to require a
highly detailed development plan to be completed on a very large project
when it is recognized that it will be constructed in sections or phases over
several years. Any Planned Unit Development projects undertaken on the
basis of Concept Plan approval rather than full Development Plan approval do
not reflect the concurrence of the City to any specific lot arrangement or
sizing, street arrangement or pattern, or approval of any specific open space
or public facility plans not reflected on the approved Concept Plan. Planned
Unit Development zoning based solely on a concept plan reflects only zoning
approval of the basic concept and may not be implemented until full
development plan approval on each section or phase has been granted;
however, an applicant receiving approval of a Concept Plan shall be entitled to
rely on, and implement by subsequently approved Development Plans, the
type, intensity and density of land uses set forth in the approved concept plan.
A concept plan based upon the Planned Unit Development Ordinances shall
be subject to the following additional restrictions:
Consistency Requirement. Each and every development plan submitted to
secure implementation authority under the concept plan approval option must
be consistent with the original concept plan. If the Zoning Administrator
should identify any material variance between a submitted development plan
application and the approved concept plan for the Planned Unit Development,
he shall reject the development plan application and not accept it for
processing until a new concept plan for the entire Planned Unit Development
has been approved under the terms and provisions of this ordinance.
City/Developer Agreement. All Planned Unit Development zoning granted on
the basis of concept plan approval or development plan approval shall be
required to enter into a City/Developer Agreement prior to or
contemporaneous with final plat approval. This Agreement is designed and
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intended to reflect the agreement of the City and the Developer as to the
phasing of construction to insure the timely and adequate provisions of public
works facilities and public type improvements. This Agreement is also
intended to insure balanced intensity of development to avoid overloading
existing public facilities during the construction phase. This Agreement will
be individually negotiated for each project, but should address the following
issues:
(1) Any agreements on cost sharing for the installation or oversizing of
major utility systems, lines or facilities.
(2) Any agreements on cost sharing for the installation of interior or
perimeter roadways, thoroughfares, or street systems.
(3) Any agreements as to a mandatory construction or dedication
schedule for a specific amount of park or open space area or
improvements, school site or sites, landscaping or greenbelt
development or other comparable items to be dedicated or
constructed for each acre of property within the development released
for construction by development plan approval. This requirement is
intended to allow the City to insure that pre-planned public type
facilities, improvements or amenities are installed concurrently with
other development on the basis of a negotiated formula.
(4) Any agreements between the City and the Developer as to the
establishment of a maximum residential density or commercial or
industrial intensity of use during the construction process. This
requirement is intended to allow the City to establish a maximum
development intensity that cannot be exceeded while each phase of the
project is being completed. Under this provision, the City may
establish a maximum overall density for each phase of the project to
be applicable only during the construction phase of the Planned Unit
Development. This restriction would require concurrent development
of lower density or intensity of use activities with higher density or
intensity of use activities.
(5) An agreement by the Developer to maintain all open space lands at no
cost to the City. (As amended by Ordinance No. 480-M.)
30.9 DEVELOPMENT PLAN
a. Except as otherwise provided in Section 30.7, an application for a Planned Unit
Development shall include and be accompanied by a development plan which shall
become a part of the amending ordinance and shall be referenced on the Official
Zoning Map. Changes in the development plan shall be considered the same as
changes in the Official Zoning Map. The proposed development plan shall be
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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.
b. 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:
1. 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,
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.
2. For buildings more than one (1) story in height, except single-family and two-
family residences, 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.
3. For development projects influenced by, impacting on flood-prone areas, or
containing major drainageways 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.
4. 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, when required, include screening walls, planting,
wooded areas to be retained, and lawns if such are determined to be necessary
by the City Council.
5. 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.
c. In any residential and nonresidential Planned Unit Development, all nonresidential
building sites shall submit a site plan meeting the requirements of Section 40 of this
ordinance.
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This site plan shall be submitted either concurrently with the development site plan for
this phase of the Planned Unit Development 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.
(As amended by Ordinance No. 480-M.)
30.10 DEVELOPMENT SCHEDULE - The Planning and Zoning Commission may, at its
discretion, require that an application for a Planned Unit Development District be
accompanied by a development schedule indicating the approximate date on which
construction is expected to begin and the rate of anticipated development to completion.
Such schedule shall not be binding upon the applicant, but the City shall be entitled to utilize
this schedule in arranging for the construction of supporting public works facilities.
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 total gross site
area devoted to the residential usewithin 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. 3. Vehicular driveways, private streets or parking, loading or storage areas.
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3.4. Areas in retention and detention ponds of drainage easements in excess of 25% of
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the total open space area.
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 defined and approved in the
ordinance creating the R-PUD.
30.12 APPROVAL - Every Planned Unit Development District approved under the provisions of
this ordinance shall be considered as an amendment to the zoning ordinance as applicable
to the property involved. In carrying out the development of a Planned Unit Development
District, the development conditions shall be complied with and such conditions as are
specified for the development of a Planned Unit Development District shall not be
construed as conditions precedent to the approval of the zoning amendment, but shall be
construed as conditions precedent to the granting of a certificate of occupancy.
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SECTION 2
All rights or remedies of the City of Southlake, Texas, are expressly saved as to any and all
violations of Ordinance No. 480, as amended, or of any zoning ordinance or amendments thereto of
said City of Southlake, Texas, that have accrued at the time of the effective date of this ordinance;
and as to such accrued violations, the Court shall have all the powers that existed prior to the
effective date of this ordinance; and all existing violations of previous zoning or building ordinances
which would otherwise become non-conforming uses under this ordinance, shall not become legal
non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the
same manner that they were violations of prior zoning ordinance of the City of Southlake, Texas.
SECTION 3
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
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 5
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 6
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 7
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty
in the official City newspaper one time within ten days after final passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
SECTION 8
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _ day of __, 200_.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _ day of __, 200_.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY