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Item 13bDRAFT July 15, 2005 Section 46 Rural Conservation Subdivision District (RCS) 46.1 Relationship to the Comprehensive Master Plan The Rural Conservation Subdivision (RCS) District implements the following recommendations of the Southlake 2025 Plan – Phase II: • Protect the city’s remaining ranching/agricultural and environmental areas in the northern part of the city by requiring residential development to occur in a manner that has the minimum impact on these resources. • Create a new land use district that protects and preserves a portion of Southlake’s agricultural/ranching environment and rural character. • Identify and protect significant wooded areas and other environmentally sensitive areas in perpetuity as natural open spaces. 46.2 Purpose & Intent The purpose of the Rural Conservation Subdivision zoning district is to implement the recommendations of the Southlake 2025 Plan with respect to: • Protecting and preserving a portion of Southlake’s agricultural/ranching environment and rural character; • Providing a zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land; • Preserving unique or sensitive natural resources such as floodplains, wetlands, streams, steep slopes, woodlands, wildlife habitat, and agricultural/ranching areas in perpetuity; • Permitting clustering of houses and structures in less environmentally sensitive areas which will reduce the amount of infrastructure, including paved surfaces and utility easements necessary for development; • Reducing erosion and sedimentation by minimizing land disturbance and removal of vegetation for development; • Encouraging interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood; and • Conserving scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space. 46.3 Definitions The following definitions shall apply to uses, category of uses, and other terms used in the RCS District only. For terms not specifically defined under this subsection, Section 4, Definitions shall apply. 46-1 DRAFT July 15, 2005 Best Management Practices A practice or combination of practices determined to be the most effective and practical means of reducing the impact on the environment from a particular activity. Conservation Easement A conservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the purpose of protecting and preserving a portion of Southlake’s environmentally sensitive and natural resources, including agricultural and ranching areas. The landowner retains title to the property and the easement applies to all subsequent owners. The easement must be held by a qualifying party approved by the city. Conservation Subdivision A Conservation subdivision is a residential development in which houses are clustered onto part of the development parcel, so that the remainder may be preserved as open space. The open space is permanently protected under a conservation easement. Equestrian Uses Equestrian uses are those uses related to equine activities such as ranching, grazing, private stables, private riding corrals, trails, and other related non-commercial uses. This definition shall not include any commercial stables or other operations. Land Trust A land trust is a non-profit, non-governmental conservation organization that protects natural resources and open space, in part by holding and managing conservation easements. Net Density Net density is defined as the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Protected Open Space Open space preserved in perpetuity by a conservation easement. Qualifying Party An organization approved by the city to hold conservation easements. Qualifying parties may include neighborhood associations, land trusts, conservation commissions, governmental entities, or other organizations pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. 46.4 Permitted Uses a. Residential Uses 1. Single family detached dwellings. 46-2 DRAFT July 15, 2005 b. 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, and bird and wildlife sanctuaries. 3. Swimming pools and game courts. 4. City facilities and other municipal uses. 5. Other uses of a similar nature and character. c. Conservation Easement/Protected Open Space Uses 1. Conservation of natural, archeological or historical resources. 2. Meadows, woodlands, wetlands, wildlife corridors, or similar conservation- oriented areas. 3. Walking or bicycle trails, provided they are constructed of porous paving materials. 4. Passive recreation areas. 5. Active recreation areas provided that they are limited to no more than 10 percent of the total protected open space. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space. 6. Agriculture, ranching, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts. 7. Nonstructural stormwater management practices. 8. Easements for drainage, access, and underground utility lines. 9. Other conservation-oriented uses compatible with the purposes of this ordinance. d. Prohibited Uses in Conservation Easements/Protected Open Space Uses 1. Golf courses. 2. Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections. 3. Agricultural, ranching, and forestry activities not conducted according to accepted Best Management Practices. 4. Planting of exotic, invasive species. 5. Other activities as determined by the applicant and recorded on the conservation easement. 46.5 General Standards for Rural Conservation Subdivisions (RCS) Where the RCS is developed, the tract shall have a gross contiguous land area of twenty (20) acres or greater and shall be may be developed into lots of 20,000 square feet or more under a cluster option. The cluster option is intended to prevent the loss of natural features while providing optimal development potential to developers. without 46-3 DRAFT July 15, 2005 46-4 increasing the overall net density or impervious surface of the development. The development’s overall net density shall not to exceed 1.4 one (1) dwelling units per acre, provided that the following conditions are met: 1. Sewer and water service are available. 2. For every square foot of land allocated for a residential lot, an equal or greater amount of open space shall be dedicated. 2. A minimum open space requirement of 35% of the gross site area shall be met. 3. The open space dedicated shall be contiguous and shall be protected by a perpetual conservation easement held by a qualifying party approved by the city. 4. Lots shall be developed in the least obtrusive location and away from environmentally sensitive areas such as tree areas, active agricultural activities, or equestrian activities. 5. Where possible structures shall be oriented with respect to scenic views, natural landscape features, topography of the site, solar energy, and natural drainage areas, in accordance with an overall plan for site development. 46.6 Bonus Lots Additional lots that result in an overall net density exceeding one (1) dwelling unit per acre may be considered provided that the conditions in section 46.(3) 1, 2, 4, 5 and 6 are met as well as the following conditions: 1. For every square foot of land allocated for a bonus residential lot, 150% of that amount of open space shall be dedicated. 2. The maximum number of bonus lots shall not exceed seven (7) lots. 46.6 Development Regulations The height, setback, area floor space, fence design, and other development regulations shall be established as part of the Development Plan with City Council approval. The Board of Adjustment may grant variances of up to, but not exceeding, ten percent (10%) of any regulation. Special attention shall be placed on the design of perimeter and interior fencing. Such fencing shall be limited to open, visually permeable fences that are typical along the city’s rural roadways. The following images shall be used as a guide in designing appropriate fences in the RCS. The following are examples of acceptable fence designs: Acceptable wood and pipe-rail fences DRAFT July 15, 2005 46-5 Acceptable masonry, wood, and wrought-iron fences The following images are examples of unacceptable fence designs: Unacceptable fence designs 46.7 Ownership & Delineation of Conservation Easements The applicant must identify the owner of the conservation easement who is responsible for maintaining the open space and facilities located thereon. If a Homeowners Association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a Homeowners Association is the owner, the Homeowners’ Association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the conservation easement and any facilities located thereon shall be borne by the owner. All conservation easements shall be duly platted and approved by the city through its normal platting process. Conservation easement plats shall explicitly state the type of easement, restriction on future development on the land, and any other conditions placed on the property by City Council. 46.8 Protected Open Space Management Plan The applicant shall submit a Plan for Management of Protected Open Space (“Plan”) that: 1. Allocates responsibility and guidelines for the maintenance and operation of the protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements. DRAFT July 15, 2005 2. Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and outlines the means by which such funding will be obtained or provided. 3. Provides that any changes to the Plan be approved by the City Council 4. Provides for enforcement of the Plan. 5. In the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, Homeowner’s Association, or to the individual property owners that make up the Homeowner’s Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. 46.9 Legal Instrument For Permanent Protection of Open Space Protected open space shall be preserved in perpetuity by a permanent conservation easement held by a qualifying party. The easement must contain an appropriate provision for retransfer in the event the qualifying party becomes unable to carry out its functions. The conservation easement shall include clear restrictions on the use of protected open space. These restrictions shall include all restrictions contained in this ordinance as well as any further restrictions the applicant chooses to place on the use of the protected open space. 46-6