Item 8BCity of Southlake
Department of Planning
MEMORANDUM
Februan- 28, 2003
TO: Honorable Mayor and Council Members
FROM: Bruce Payne, AICP, Planning Director
SUBJECT: Ordinance No. 480 -TT — Being an amendment to the Comprehensive Zoning Ordinance No.
480, as amended, as it pertains to the Planned Unit Development District.
REQUESTED ACTION: Consider first reading of Ordinance No. 480 -TT
APPLICANT: City of Southlake
BACKGROUND: During the discussions and work session held by the City Council on the
Southlake Town Square request for residential "brownstones ", a concern was
raised regarding the ability to request ancillary uses within the Planned Unit
Development Districts (i.e. residential uses in a NRPUD and commercial uses
in a RPUD). The current regulations for PUD's permits an applicant to
request up to 10% of the land area within the PUD boundary to have ancillary
uses. The City Council approved an amendment (480 -RR) removing the
provision on November 19, 2002.
Following more discussions on the Southlake Town Square residential
"brownstones ", additional concerns were raised about the ability to make
future requests for attached, townhouse or apartment type residential units
within the RPUD zoning district. The City Council directed staff to bring
forward an amendment removing language regarding these types of structures
and to add language limiting the RPUD district to single- family detached type
residential units. Staff was also asked to include a minimum lot area provision
for RPUD. A RPUD comparison matrix is included in this packet for purpose
of the lots size discussion.
This amendment also removes some language regarding ancillary uses and
mixed use type development that no longer applies following the removal of
ancillary use provisions.
FINANCIAL
CONSIDERATIONS: None
LEGAL REVIEW: Currently under review by the City Attorney's Office. No Comments have
been received.
Ord. 480 -TT
SUPPORTING
DOCUMENTS: Attachment A - Proposed Ordinance Changes
Attachment B - Ordinance 480 -TT
Attachment C - RPUD Comparison by separate file "R -PUD-
Comparl.doc"
P &Z ACTION: February 6, 2003; Denied (6 -0)
In order to overrule a recommendation of the Planning and Zoning
Commission that a proposed change to a regulation or boundary be denied, an
affirmative vote of at least three - fourths of all the members of the City
Council shall be required.
N: \Coimuunity Development \WP - FILES \MEMO \2002cases \Ordinance 480- TT.doc
Ord. 480 -TT
ORDINANCE No. 480 -TT
PROPOSED MODIFICATIONS TO SECTION 30
"PUD" PLANNED UNIT DEVELOPMENT DISTRICT
SECTION 30
"PUD" PLANNED UNIT DEVELOPMENT DISTRICT
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 dis ie ,,, also be us ed to aeeemmedate
planned asseeiations of uses developed as integfal land use units, ineluding fnixed uses, Whie
may be planned, developed and opefated either- by a single ownef or- a eembination 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 for residential uses, the tract shall have a gross area of at least twenty (20) 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. Pfejeets �N nimeh or- all of theif housing in townhatises or- apartments of be
Permitted housing types shall be limited to single family detached residential units.
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Ordinance 480 -TT Page 1 Attachment A
Preservation or enhancement of areas exhibiting environmentally significant natural
features.
The minimum residential lot size in a residential planned unit development shall be
30.4 NON - RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD District is
developed pfiniafi 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:
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.
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 ealeulatien shat
r^lude all pfoposed nonfesidential aefeage f ^m the gfess aefeage. 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).
Ordinance 480 -TT Page 2 Attachment A
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,
the development regulations in Section 43, Part III, Residential Adjacency Standards, shall
also apply. When any requirements in this section are in conflict with any other requirements
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.
Ordinance 480 -TT Page 3 Attachment A
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
(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 we that is submitted for approval of a
specific section or phase of the Planned Unit Development shall
cover a minimum of €sue twenty (20) acres for Residential
Planned Unit Developments and shall cover a minimum of five (5)
acres for Non - residential Planned Unit Developments. 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
Ordinance 480 -TT Page 4 Attachment A
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 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
Ordinance 480 -TT Page 5 Attachment A
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 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 recom-
mendations 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:
Ordinance 480 -TT Page 6 Attachment A
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.
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.)
Ordinance 480 -TT Page 7 Attachment A
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 area devoted to the
residential use. 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.
Ordinance 480 -TT Page 8 Attachment A
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.
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.
Ordinance 480 -TT Page 9 Attachment A
ORDINANCE NO. 480 -TT
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; REVISING SECTION 30
REGARDING PLANNED UNIT DEVELOPMENTS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its residents by
amending Ordinance No. 480 as provided herein; and
WHEREAS, the city council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
Section 30, of Ordinance No. 480, as amended, is hereby amended by deleting
Sections 30.3b, 30.3c, 30.3d, 30.4b,
SECTION 2
Ord. 480 -TT Attachment B
Page 1
Section 30 of Ordinance No. 480, as amended, is hereby amended by deleting the
following from the respective Sections:
Section 30.1
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.
Section 30.4
primarily
Section 30.5
This calculation shall exclude all proposed nonresidential acreage from the gross
acreage.
SECTION 3
Section 30.8.2b of Ordinance No. 480, as amended, is hereby amended by deleting the
sentence "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." and by inserting the sentence "Each Development Plan that is submitted for
approval of a specific section or phase of the Planned Unit Development shall cover a
minimum of twenty (20) acres for Residential Planned Unit Developments and shall
cover a minimum of five (5) acres for Non - residential Planned Unit Developments."
SECTION 4
Section 30, of Ordinance No. 480, as amended, is hereby amended by adding the
following:
30.3b Permitted housing types shall be limited to single family detached
residential units.
30.3d The minimum residential lot size in a residential planned unit
development shall be ?? to be determined by City Council
SECTION 5
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.
Ord. 480 -TT Attachment B
Page 2
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.
SECTION 7
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 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 final disposition by the courts.
SECTION 9
Ord. 480 -TT Attachment B
Page 3
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 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, 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 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 day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
Ord. 480 -TT Attachment B
Page 4
PASSED AND APPROVED on the 2nd reading the day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Ord. 480 -TT Attachment B
Page 1