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Item 5 MEMORANDUM April 29, 2005 TO: Planning and Zoning Commission FROM: Ken Baker, AICP, Planning Director SUBJECT: Proposed Amendments to Ordinance 480 – Comprehensive Zoning Ordinance: Adding the Rural Conservation Subdivision (RCS) and Transition Zoning (TZD) Districts _____________________________________________________________________________________ One of the key strategies following the approval of the new land use categories in the Southlake 2025 Plan has been the need to create appropriate zoning districts to facilitate more flexible development to implement the vision of the plan. The first two such land use categories that staff is recommending new zoning districts for are the Transition and Rural Conservation land use categories. Attached with this memo are draft copies of two new sections of the Zoning Ordinance. Section 46 is to be the new Rural Conservation Subdivision (RCS) Zoning District and Section 47 is to be the new Transition Zoning District (TZD). These two draft sections are on your April 21, 2005 agenda as discussion items. Please review them at your convenience and if you have any questions regarding this item, please feel free to give me a call at 817-481-2036. City of Southlake Department of Planning DRAFT April 15, 2005 46-1 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. 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. DRAFT April 15, 2005 46-2 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. 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. 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. Agricultural Uses 1. Farms, ranches, orchards, truck gardens, growing of plants and similar agrarian activities involving the growing of plants and raising and pasturing of livestock, including accessory feeding pens but not commercial feeding pens, provided that no operation shall be obnoxious or offensive. 2. 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 DRAFT April 15, 2005 46-3 1. 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, 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. d. 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. e. 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 contiguous land area of twenty (20) acres or greater and may be developed into lots of 20,000 square feet or more under a DRAFT April 15, 2005 46-4 cluster option. The cluster option is intended to prevent the loss of natural features without increasing the overall net density or impervious surface of the development. The development’s overall net density shall not to exceed one (1) dwelling unit 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. 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. 46.7 Development Regulations The height, setback, area floor space 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. 46.8 Ownership 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. DRAFT April 15, 2005 46-5 46.9 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. 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 Planning & Zoning Commission 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. 46.10 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. DRAFT April 15, 2005 47-1 Section 47 Transition Zoning District (TZD) 47.1 Relationship to the Comprehensive Master Plan The Transition zoning district (TZD) implements the following goals of the Southlake 2025 Plan – Phase 1: Goal 1: Promote quality neighborhoods that contribute to an overall sense of place and community. Quality neighborhoods are the cornerstone of our community. Quality neighborhoods are well designed and maintained, attractive, pedestrian friendly and safe. Goal 2: Foster attractive and well designed residential developments to meet the needs of a diverse and vibrant community The TZD implements the following goals of the Southlake 2025 Plan – Phase II: i. Create transitional land use categories that provide property owners with alternative flexible tools to propose innovative and mixed-use projects on identified transition sites while protecting existing developed properties. Transition sites are those that are adjacent to existing commercial property or arterial roadways and are also adjacent to existing residential neighborhood. 47.2 Purpose & Intent The purpose and intent of the TZD is to implement the Transition Land Use Category guidelines for the Transition 1 and Transition 2 land use categories as established in the Southlake 2025 Plan. The Transition districts are intended to: ƒ Allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses, to create economic vitality; ƒ Develop commercial and mixed-use areas that are safe, comfortable and attractive to pedestrians; ƒ Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace; ƒ Reinforce streets as public places that encourage pedestrian and bicycle travel; ƒ Provide roadway and pedestrian connections to residential areas; ƒ Provide transitions between high traffic streets and neighborhoods; ƒ Encourage efficient land use by facilitating compact development and minimizing the amount of land that is needed for surface parking; ƒ Provide appropriate locations and design standards for automobile- and truck- dependent uses; and ƒ Maintain mobility along traffic corridors and state highways. DRAFT April 15, 2005 47-2 47.3 Definitions The following definitions shall apply to uses and category of uses listed in the TZD schedule of uses and to other terms used in the Transition zoning district only. For terms not specifically defined under this subsection, Section 4, Definitions shall apply. Buffer areas along creeks and flood plains These are areas of land at least 15’ - 20’ wide, parallel to existing creeks and flood plains, set aside to protect riparian vegetation and filter waterborne pollutants. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Business, professional, and technical uses Establishments in this category perform professional, scientific, and technical services for others. Such services require a high degree of expertise and training. Uses in this category include health care, administrative, professional consulting, professional services, and business support services. Cafeteria or limited service restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers’ location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria-style serving equipment, a refrigerated area, and self-service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. 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. Court A Court is an unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. DRAFT April 15, 2005 47-3 Court, closed A closed court is a court surrounded on all sides by the exterior walls of a building; or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10’ in width. Environmental Preserve An environmental preserve is a natural open space reserved for land that is under permanent conservation. It shall consist of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant lake access is available, canoe put-ins or other passive water recreation activities may be permitted. The size of an environmental preserve may vary depending upon the environmental element being preserved. Typical environmental preserves along creeks and flood plains Façade Façade(s) is the front of the building facing or oriented toward the street or roadway, excluding alleyways. Full-service restaurant Full-service restaurants provide food services to patrons who order and are served (i.e. waiter/waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non-theatrical entertainment. Green A green is an open space available for unstructured recreation. A green may be defined by landscaping rather than buildings. Its landscape is consisted of land and trees in a natural arrangement, requiring minimal maintenance. The size of a green shall range from 2 acres to 10 acres. Examples of typical greens DRAFT April 15, 2005 47-4 Human scale or pedestrian scale Human scale is the proportional relationship of a particular building structure, or streetscape element to the human form and function. Human scale relates the size and/or height of a structure to the height and mass of a pedestrian traveling along the sidewalk or street adjacent to that structure. Live-work unit A live-work unit is a dwelling unit that is also used for work purposes, provided that the work component is restricted to the uses of professional office, artist’s workshop, studio, or other similar uses. Each individual unit may have commercial space located on the street level. Mixed-Use Building or Structure A mixed-use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live-work or lofts) with retail or office uses at the other levels. Mixed-Use Land Use Mixed-use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. Open Space An area of land that is valued for natural processes and wildlife, for agricultural and sylvan production, for active and passive recreation, and/or for providing other public benefits The definition of open space includes plazas, squares, greens, parks, playgrounds, environmental preserves, and limited conservation easements. Park A park is a natural preserve available for unstructured recreation. A park is usually independent of surrounding building frontages. Its landscape consists of natural paths, trails, meadows, woodlands, and open shelters. Its size shall range from 5 - 10 acres. Examples of typical parks Personal services This is a catchall category for all personal service establishments. These establishments offer a wide range of personal services (clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc.). DRAFT April 15, 2005 47-5 Plaza. A plaza is an open space available for civic purposes and limited commercial activities. A plaza is spatially defined by buildings and its landscape shall consist primarily of hardscape (pavement) and trees are optional. Plazas are to be located at key intersections and the size shall generally be to a small scale and be under a ¼ acre in size. Plazas can be wider sidewalks or extensions of sidewalks for the purpose of providing outdoor seating for restaurants and cafes. Image of a typical plaza. Primary Entrance The primary entrance is the main or principle pedestrian entrance of all buildings (except outbuildings). The primary entrance is the entrance designed for access by pedestrians from the sidewalk, or street if a sidewalk is not present. This is the principle architectural entrance even though day-to-day residential access may be via a secondary entrance associated with a garage, driveway or other vehicular use area; Public or Civic Buildings Public buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Residential Lofts Residential lofts are typically residential units designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Retail sales or service Retail establishments form the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Establishments in stores operate as fixed point-of-sale locations, which are designed to attract walk-in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after-sales services, such as repair and installation. Included in this category are durable consumer goods sales and service, consumer goods, other grocery, food, specialty food, beverage, dairy, etc, and health and personal services. DRAFT April 15, 2005 47-6 Single-Family Residential, detached dwelling unit. A single-family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Single-Family Residential, attached dwelling unit. A single-family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Square A square is generally a geometrically symmetrical open space, available for unstructured recreation and civic purposes. A square is spatially defined by streets and buildings, at least on three sides. Its landscape is consisted of paths, lawns, and trees, all formally arranged. Square are to be located at the intersection of important streets. Size shall range from 1- 2 acres. Examples of typical squares Snack or nonalcoholic bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Street Tree A street tree is a tree or group of trees that line the edge of a street or roadway. This would include trees in the right-of-way. Streetscape Treatments Streetscape treatments shall include all improvements in a R-O-W that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, and trash receptacles. Streetscape treatments may also include a range of provisions such as paving materials, street/pedestrian/wayfinding signs, media boxes, parking meters, utility boxes, seating, public art/water features, bike racks, bollards, information kiosks, etc. DRAFT April 15, 2005 47-7 47.4 General Development Standards 1. Transition District Component Standards A Transition District shall consist of a minimum of two of three distinct components: a retail area, a retail edge/neighborhood edge, and a neighborhood (see examples of TZD schematic layouts) depending on the specific land use categories Transition 1 or Transition 2. (a) Retail Area. The retail area shall be non-residential core of the Transition district and its applicability is appropriate in areas designated as Transition 1 in the Southlake 2025 Plan. The location of the retail node relative to the other two components shall be based upon the scale and context criteria for retail uses under the T-1 land use category. (b) Retail Edge/Neighborhood Edge. The retail edge/neighborhood edge component is also appropriate in areas designated as Transition 1 or Transition 2 in the Southlake 2025 Plan. The location of the retail edge/neighborhood edge shall generally meet the scale and context criteria for office uses under the T-1/T-2 land use category. The retail edge/neighborhood edge may contain a mix of retail, office, and residential uses. However, it shall be office/residential in character with limited neighborhood-scale corner retail uses. (c) Neighborhood. The neighborhood component is appropriate in areas designated as either Transition 1 or Transition 2 in the Southlake 2025 Plan. The location of the neighborhood shall generally meet the scale and context criteria for residential uses in either transition land use category. Note: The above schematics are just examples of the application of the TZD components. They should only be used as guides in designing appropriate transition districts. DRAFT April 15, 2005 47-8 2. General Layout Standards (a) A network of connected streets and walkways: Streets in the TZD shall provide a variety of transportation routes and disperse traffic. Streets are to be relatively narrow and most are tree lined, with on-street parking (parallel and angled only), and a palette of streetscape treatments to create a pleasant environment. Cul-de- sacs are discouraged unless natural features such as topography or stream corridors prohibit a street connection. Stub streets may be required where a street is likely to be extended in the future. (b) Blocks may be square, elongated or irregular. Block shape and size should respond to topography, existing vegetation, hydrology, and design intentions. Average blocks widths shall be in between 500 and 700 feet. Blocks are encouraged to vary in size and blocks that are significantly longer than 1,200’ are encouraged to be bisected by a walking path. (c) A tree strip, approximately 6’ (9’, if accommodating underground utilities) in width, should be provided between the roadbed and the sidewalk/ pedestrian path. Tree strips should be continuous between drives and or road intersections. Street trees shall be provided and maintained according to standards of the city’s Landscape Administrator. (d) Designated sites for civic buildings: Buildings such as schools, libraries, museums, meeting halls, places of worship, and day care facilities should occupy prominent places in the neighborhood and be planned in coordination with open spaces. (e) Many separate and human-scaled buildings: The lots and a variety of buildings should generate a cohesive pattern that allows streets to be civic places. Building heights vary, with two and two and one half story structures typical in the neighborhood and neighborhood edge/nodal fringe. Buildings shall help define the sidewalk. Driveway sizes and locations shall minimize the impact of the automobile on the public realm and thus enhance the pedestrian experience. Civic buildings, if any, shall have a distinctive form to differentiate their role from that of other buildings; (f) Open space and natural features, such as trees of high quality and significant tree stands, streams, and steep slopes, are to be retained, linked where possible and incorporated into the transition district; and (g) Cultural resources, such as old farmsteads and estate houses, if any, shall be preserved and reused in the district. 47.5 Schedule of Uses Uses within the TZD shall be in accordance with the following schedule of uses. P= Permitted (Development Standards apply) P* = Permitted only where identified and based on specific criteria in the TZD Development Plan approved by City Council. NP = Not Permitted SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply) A = Permitted as an accessory use (Standards in Section 34 shall apply) DRAFT April 15, 2005 47-9 RA = Retail Area RE = Retail Edge (T-1) NE = Neighborhood Edge (T-2) N = Neighborhood LAND USE CATEGORY Use Status RA RE (T-1) / NE (T-2) N Commercial Uses ƒ Retail Sales or Service with no drive through service. Excluded from this category are retail sales and services establishments geared towards the automobile, including gasoline service stations. P P* NP ƒ Finance, Insurance, and Real Estate establishments including banks, credit unions, real estate, and property management services (no drive through service) P P NP ƒ Business, professional, and technical uses P P NP ƒ Food Service Uses such as full-service restaurants, cafeterias, snack bars with no drive through facilities and no alcohol sales P P* NP Arts, entertainment, and recreation Uses ƒ Fitness, recreational sports, gym, or athletic club P P NP ƒ Parks, greens, plazas, squares, and playgrounds P P P Educational, Public Administration, Health care and other Institutional Uses ƒ Business associations and professional membership organizations P P NP ƒ Child day care and preschools P P NP ƒ Schools, libraries, and community halls P P P* ƒ Civic, social, and fraternal organizations P P NP ƒ Public Safety facilities P P* NP ƒ Religious institutions P P* P* Residential Uses ƒ Home Occupations N/A A A ƒ Live/Work units P* P* SUP ƒ Residential Lofts P* P* NP ƒ Single-family residential detached dwelling unit P* P P ƒ Single-family residential attached dwelling unit P* P P Other Uses ƒ Model homes for sales and promotion** P* P P ** Model homes are limited to a time period until all the homes are sold in the neighborhood. DRAFT April 15, 2005 47-10 LAND USE CATEGORY Use Status RA RE (T-1) / NE (T-2) N ƒ Outdoor temporary removable displays and sales for fairs, festivals and other special events held in outdoor spaces SUP SUP NP ƒ Outdoor vendor sales SUP NP NP ƒ Parking, surface P* P* P ƒ Sales from kiosks SUP SUP NP ƒ Any permitted use with a drive through facility SUP NP NP ƒ Alcohol sales SUP SUP NP 47.7 Development Standards Development in the Transition zoning district shall be exempt from the following standards: ƒ Section 39 – Screening, Ordinance 480 (with the exception of areas immediately adjacent to existing residential development) ƒ Section 42 – Bufferyards, Ordinance 480 (with the exception of areas immediately adjacent to existing residential development) ƒ Section 43 – Overlay Zones, Ordinance 480 The following standards are proposed for development in the Transition zoning district. Most standards have a numerical range and few have a specific numerical value. Due to the inapplicability of one development standard across all transition districts and to encourage a diversity of development proposals, the developer shall propose appropriate standards where and when applicable at the time of development plan submittal (see subsection 47.9 for development plan submittal requirements in the TZD). They are indicated as “Flexible” in the table below. Items noted as “Yes/Flexible” indicate that they are to be allowed/regulated, but standards are to be proposed by the developer. Standard Retail Area Retail Edge (T-1)/ Neighborhood Edge (T-2) Neighborhood 1.0 Street Design Standards (This standard applies only to new streets located in the Transition Zoning District) Street design standards proposed shall be based upon creating a safe and inviting walking environment through an interconnected network of roads with sidewalks, street trees, street furniture, and amenities. Cul- de-sacs shall be discouraged and residential streets may have a curb to curb dimension of 32’ with parking on both sides of the street. In order to meet fire safety standards, the applicant should demonstrate that a clear conveyance width of 24’ will be available on all streets (with the exception of alleyways that are not designated as fire lanes). All development in the Transition zoning district shall be exempt from the curvilinear street requirements of Ordinance 483. Design speed <25 mph (except new collector streets) <25 mph (except new collectors) < 25 mph Street types allowed (incl. number of lanes) ƒ Parkways: 4-lane divided (with medians and turning lanes) ƒ Parkways: 4-lane divided (with medians and turning lanes) ƒ Boulevards: 3-lane ƒ Boulevards: 3-lane divided (with medians and turning lanes) DRAFT April 15, 2005 47-11 Standard Retail Area Retail Edge (T-1)/ Neighborhood Edge (T-2) Neighborhood ƒ Boulevards: 3-lane divided (with medians and turning lanes) ƒ Neighborhood Street: 2-lane undivided divided (with medians and turning lanes) ƒ Neighborhood Street: 2-lane undivided ƒ Neighborhood Street: 2-lane undivided Travel lane widths* Flexible Flexible Flexible *Curbside lanes may be wider only if they are designed to accommodate bicyclists as identified in the city’s current Pathways Plan. On-street Parking Parallel Angled (only if vehicles per day are projected to be less than 10,000) Yes Yes Yes Yes Yes Not permitted Parking lane width Parallel Angled 8 feet 18 feet 8 feet 18 feet 7 - 8 feet N/A Turning radii Flexible Flexible Flexible Alleys Yes/Flexible Yes/Flexible Yes/Flexible 2.0 Streetscape Standards Sidewalks/Trails/Walkways 6’ - 8’ (6’ minimum) 6’ (minimum) 5’ (minimum) When there is a conflict between the above standard and the city’s current Pathways Plan, the higher standard of the two shall prevail. Planter/Planting Strip Type Tree wells or continuous planters Tree wells or continuous planters Continuous planters Planter/Planting Strip Width 6 feet – 8 feet 6 feet – 8 feet 6 feet (minimum) Street Trees Required Yes/Flexible Yes/Flexible Yes/Flexible A street tree planting plan shall be required as a part of a landscape concept plan proposed by the developer, reviewed by the city’s Landscape Administrator and approved by City Council at the time of Development Plan submittal. The requirements for such a landscape concept plan are outlined in section 47.9 of this ordinance. 3.0 Open Space Standards Open Space Required/Flexible; squares and plazas may be appropriate Required/Flexible, squares and greens may be appropriate Flexible, greens and parks may be appropriate. Conservation easements and/or environmental preserves may also be permitted. *Overall open space allocations in the TZD shall be a minimum of 15% and shall be distributed appropriately between the sub-districts. The location and design of appropriate open spaces shall be based on Section 47.8 (6) of this ordinance. Dedicated open spaces in the Transition zoning district may get a credit upto a 100 percent for the park and open space dedication requirements in Ordinance 483 with approval by City Council. 4.0 Block and Lot Standards Block Type Regular (square or rectangular) Regular or irregular (square, rectangular, or curvilinear based on topography and vegetation) Regular or irregular (square, rectangular, or curvilinear based on topography and vegetation) Block Dimensions Between 500’ – 800’ Between 500’ and 1000’ <1,200 feet (unless limited by unique site conditions such as DRAFT April 15, 2005 47-12 Standard Retail Area Retail Edge (T-1)/ Neighborhood Edge (T-2) Neighborhood topography and vegetation) Lot Area Flexible Flexible Flexible Lot Width and Depth Flexible Flexible Flexible Maximum Lot Coverage Flexible Flexible Flexible Maximum Impervious Cover** Flexible Flexible Flexible **Although individual lots shall not have maximum impervious cover standards, the entire proposed development shall not exceed an impervious cover standard of 75% 5.0 Building Standards Building Height 3 stories (maximum) 2 stories (maximum) 2 stories (maximum) Setbacks* Front Side Rear 30’ (max.) Flexible Flexible 25’ (max) Flexible Flexible 20’ (max) Flexible Flexible *Minimum setback standards are to be proposed by the developer or determined by fire safety requirements. Accessory buildings Flexible Flexible Flexible Standards for accessory buildings and structures shall be provided by the developer. The standards shall result in accessory buildings being subordinate in size and scale to the principal building. Principal building orientation Buildings shall be oriented to the primary street or toward another focal point. See subsection 47.8 (1) & (2) of this ordinance for additional criteria. Building façade & architectural design standards The developer shall propose appropriate building façade and architectural design standards for all the TZD components in the development with the application for zoning change/development plan. They shall be based on the criteria established in subsection 47.8 (3) & (4) of this ordinance. 6.0 Site Design Standards Off-street parking requirements The developer shall propose appropriate off-street parking standards for all uses in the TZD. Section 35 shall be used as a guide to establish parking standards. Parking standards in the Transition zoning district are intended to be flexible due to the mixed use nature, shared parking opportunities, and availability of on-street parking. Off-Street Loading Section 36 applies N/A N/A Screening ƒ Trash/recycling receptacles ƒ Other utility equipment ƒ Loading spaces ƒ Surface parking areas Required/Flexible See subsection 47.8 (4) See subsection 47.8 (5) Required/Flexible Required/Flexible See subsection 47.8 (4) N/A Required/Flexible Flexible – generally recommended off the alleyways, if alleys are provided. See subsection __ N/A Required/Flexible Landscaping# ƒ Landscape buffer between surface parking and sidewalks/trails and streets ƒ Parking lot minimum interior landscaping Yes/Flexible Flexible Yes/Flexible Flexible Yes/Flexible Flexible # As a part the development plan application, the developer shall provide a landscape concept plan that identifies landscape themes and general design approach addressing street tree planting, streetscape treatments, any required screening, parking lot landscaping, and landscaping proposed in all the identified open space areas. Information provided at the development plan phase may be schematic and conceptual DRAFT April 15, 2005 47-13 Standard Retail Area Retail Edge (T-1)/ Neighborhood Edge (T-2) Neighborhood meeting the design intent of the proposed development. Detailed landscaping plans shall be required at the site plan stage for all non-residential development. Lightingψ ƒ Building entrances ƒ Parking areas, trails, and streets Required/Flexible Required /Flexible Required /Flexible Required /Flexible Flexible Required /Flexible ψ As a part of the development plan application, the developer shall propose lighting standards that includes street light standards and other amenities as a part of the streetscape treatment plan. The landscape concept plan may be combined with a concept plan for lighting. 47.8 Site, Building, & Transition Standards 1. Building Orientation. Primary building facades for all non-residential and mixed use buildings shall be oriented to the primary street or shall be oriented toward a focal point such as a landscaped street, plaza, or similar formal open space. Primary buildings shall have a minimum of 50% of their building façade oriented along arterial, highway frontage, or collector streets and a minimum of 75% of their building façade oriented along other public or private streets (with the exception of alleyways) (see illustration below). Limited exceptions to the building frontage standards may be appropriate along heavily traveled (> 40,000 vehicle trips per day) arterial thoroughfares and shall be evaluated by staff and approved by City Council at the time of development plan approval. DRAFT April 15, 2005 47-14 Typical Site Design and Building Orientation for Retail and Office Uses in the TZD Typical Site Design and Building Orientation for Office and Residential Uses in the TZD DRAFT April 15, 2005 47-15 2. Building Entrances. Primary facades contain the main entrance of any principal building. All principal buildings in the Transition zoning district located on a primary street serving the development shall also have doors, windows, and other architectural features facing the primary street. Corner buildings shall have at least one customer entrance facing each street or a corner entrance instead of two entrances. 3. Building Façade Standards. a. All development shall provide ground floor windows on the building façade facing and adjacent to a public/private street (with the exception of alleys) or facing onto a park, plaza, or other public outdoor space. Figure showing typical building façade elements in the TZD b. Darkly tinted windows and mirrored windows that block two-way visibility shall not be permitted to meet the ground floor window requirement. c. The first floor elevation of single-family residential structures shall be raised a minimum of 2 feet above the finished level of the public sidewalk/trail in front of the residential structures. 4. Architectural Design Standards. Architectural design shall be regulated, governed, and enforced as architectural design standards proposed by the developer in order to ensure compatibility of building types and to relate new buildings to the building traditions of the region. These standards shall be required to be submitted by the developer as a part of the development plan application for all development in the TZD and shall be approved by the Planning and Zoning Commission and City Council at the time of approval of the Development Plan. Minor changes in architectural design standards may occur from time to time thereafter if approved by the Planning Director. Architectural design standards shall specify the materials and configurations permitted for walls, roofs, openings, street furniture, and other elements. They shall be based on traditional building precedents from the region. Established architectural DRAFT April 15, 2005 47-16 standards should encourage the following: architectural compatibility among structures within the neighborhood; human scale design; pedestrian use of the residential neighborhood; relationship to the street, to surrounding buildings, and to adjoining land uses; and special architectural treatment of gateways/civic buildings. General architectural standards shall adhere to the following: a. All building frontages along streets (with the exception of alleys) shall break any flat, monolithic facades by including architectural elements such as bay windows, recessed entrances, or other articulations so as to provide pedestrian interest along the street level façade including: i. Discernible and architecturally appropriate features such as, but not limited to, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas, plazas, courts, or other treatments to create visual interest, community character, and promote a sense of pedestrian scale. b. All buildings in the TZD shall be constructed with exterior building materials and finishes of high quality to convey an impression of permanence and durability. Materials such as, and including, masonry, stucco, stone, terra cotta, ceramic tiles, and similar durable architectural materials and allowed. c. Non-residential buildings and sites shall be organized to group the utilitarian functions away from the public view of any street (with the exception of alleys). Delivery and loading operations, HVAC equipment, trash compacting and collection, and other utility and service functions shall be incorporated into the overall design of the buildings and landscaping. The visual and acoustic impacts of all mechanical, electrical, and communications equipments shall be out of view from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally compatible with and similar to the building materials of the principal structures on the lot. The visual and acoustic aspects of roof-mounted equipment, vents, and chimneys shall be minimized by placing equipment behind parapets, within architectural screening, roof-top landscaping, or by using other aesthetically pleasing methods of screening approved by the City Council at the time of development approval. 5. Location and Design of Off-Street Parking. a. Section 35 may be used as a guide to establish the amount of parking required for uses proposed in the TZD. b. Parking lots for non-residential uses shall be located at the side or rear of a building. If located adjacent to a street or a residential use, screening shall be provided. If the non-residential use is located adjacent to a heavily traveled roadway such as an arterial or highway, parking between non-residential buildings and that public street may be allowed. c. Parking lots may not be adjacent to a street intersection or square, or occupy lots that terminate a street vista. d. Shared parking facilities are encouraged for non-residential uses in the TZD. DRAFT April 15, 2005 47-17 e. Bicycle parking shall be provided for non-residential uses, especially for schools, parks, trails, and other recreational facilities. Bicycle parking may be shared between uses and should be centrally located, easily accessible, and visible from streets or parking lots. f. Off-street truck loading or unloading berths and on-street loading zones adequate to serve each proposed use shall be provided. The number and size of off-street loading berths and/or on-street loading zones shall be as per Section 36. g. Off-street parking for non-residential and mixed uses located along public streets shall be limited to 25% or less of the block frontage along non arterial and collector streets and 50% or less on arterial, collector, and highway frontage streets (see corresponding building frontage requirement). 6. Open Space Standards The provision of adequate and appropriate open space areas shall be integral to all development in the TZD. The minimum requirement for open space in the TZD is 15% of the area of the site proposed to be included in the zoning change/development plan application. The open space provided shall be appropriately designed and scaled in each of the TZD components (see section 47.7 (3)). The following guidelines shall be used to evaluate the merits of proposed open spaces in the TZD: • The extent to which environmental elements preserved are considered as “features” or “focal points” in the development, rather than constraints. • The extent to which emphasis has been placed on preservation of existing wooded areas and stream corridors in a natural state. • The extent to which pedestrian connectivity in the form of sidewalks, natural walking paths along stream and creek corridors has been addressed. • The extent to which open spaces are well designed and integrated into the entire district, adding value to the entire development. • The extent to which the design of the TZD district takes into account the environmental elements of the side including creeks, view sheds, tree cover, water bodies, and topography. • The extent to which a range of open spaces have been provided from plazas and squares to playgrounds, parks and environmental preserves, appropriately organized within the respective TZD component. Open spaces may be in the form of pocket parks, children’s play areas, squares, linear greens, and conservation areas. Active sports fields and activities are not recommended in the TZD. In addition to the above, all development applications in the TZD shall submit an open space management plan. Such a plan shall include: 1. Allocation of 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 April 15, 2005 47-18 2. An estimation of 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 for enforcement of the open space management plan. 4. 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 may become a lien on all subdivision properties. 47.9 Applications and Development Review Process 1. APPLICATIONS FOR REZONING An application requesting a rezoning to the TZD shall be submitted with a Development Plan that meets subsection 47.9(2) and informational requirements for a Development Plan in the NR-PUD under Section 40 of this ordinance. The Planning & Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. 2. PLAN REVIEW PROCESS a. Overview of Review Process Development of land in the TZD review process includes two steps, in addition to the subdivision process. The first step is the rezoning and development plan review phase. The second step is site plan review required by Planning Department for all non-residential and mixed use development sites. Residential development sites shall obtain a building permit after approval of final plat by the Planning & Zoning Commission. b. The Development Plan The Development Plan in the TZD is intended to illustrate the general development pattern of the district consistent with the purpose and intent of the district. The applicant shall submit a Development Plan for the entire property under consideration at the time of the rezoning application. A Development Plan in the TZD is not intended to be a detailed proposal; rather, it shall illustrate general location of land uses, street layout, treatment of transition areas to adjacent uses and any other appropriate information required by decision makers. The Development Plan in the TZD shall illustrate the general design direction of DRAFT April 15, 2005 47-19 the site with dimensional guidelines that provide adequate information on the intensity and phasing of the project. Requirements of the Development Plan in the TZD- The applicant shall prepare a Development Plan demonstrating compliance with the District’s purpose and standards and the Southlake 2025 Plan for review by Planning Staff, Planning & Zoning Commission, and City Council. A Development Plan in the TZD shall include the following: a. A Development Plan Map that includes all the informational requirements for a zoning change/Development Plan in the NR-PUD district (as listed under Section 40), and meeting the standards of this section including: i. delineation of TZD district components proposed in the development ii. the layout of proposed blocks; iii. the layout of proposed streets, bikeways, and pedestrian paths; iv. the location and acreage of open space areas with an indication for each whether it will be privately owned, a common area for residents only or dedicated to public use; v. the location, acreage, and percentages of retail, office, residential, civic, and open space uses b. A Development Plan report in the form of text, statistical information, tables, guidelines, and graphics shall be a part of the Development Plan, and shall include: (i) A statement indicating the purpose and intent of the project; (ii) A description of the mix of land uses and the factors which ensure compatibility both within the development site, with adjacent land uses, and compliance with the recommendations of the Southlake 2025 Plan and other elements of the city’s Comprehensive Master Plan; (iii) Statistical information including: • Gross acreage of the site, plus net acreage of the site excluding jurisdictional wetlands, regulatory floodplains, and slopes over 20%; • The amount of land devoted to open space, expressed in acres and as a percentage of the gross acreage of the site. • The amount of land devoted to retail, office, residential, and civic uses, expressed in acres and as a percentage of the gross acreage of the site. (iv) A plan for pedestrian, bicycle, and vehicular circulation describing the general design capacity of the system as well as access points to the major thoroughfare system. In addition, a daily and peak hour trip generation and directional distribution report by use may be required; (v) Street design standards, with typical cross-sections, for the proposed development (or for each phase, if it is to be developed by phases) specifying minimum pavement width, right-of-way width, presence of curbs, on-street parking, street trees, bikeways and sidewalks. Also DRAFT April 15, 2005 47-20 include street cross sections for each type of street classification proposed; (vi) Development standards for the proposed development (or for each phase, if it is to be developed by phases) specifying specific standards for all the “flexible” elements by each TZD component area (Retail Area, Retail Edge/Neighborhood Edge, or Neighborhood) in the form of a table in section 47.7; (vii) Architectural design standards for the proposed development (or for each phase, if it is to be developed by phases) specifying materials and configurations permitted for walls, roofs, openings and other elements, renderings, and typical elevations; (viii) A landscape concept plan that includes the design direction and general schematics for all proposed landscaping including all aspects of the public realm such as: street trees, streetscape treatments, pavement details, front yards, and medians. The landscape concept plan shall include proposals for required parking lot landscaping, required screening, design concepts for all open spaces, lighting, and any other information required by City Council; (ix) An open space management plan as outlined in subsection 47.8 (6); (x) A schedule for the proposed development (or for each phase, if it is to be developed by phases) containing the following information, which schedule shall not be binding but shall be provided in order to show generally how the applicant will complete the project: • The order of construction by section delineated on the Development Plan; • The anticipated time required in order to develop each section; • The proposed schedule for construction of improvements to open space areas; • The proposed schedule for the installation of required public or utilities improvements and the dedication of public rights-of-way, easements and properties. c. Site Plan. Site Plans for individual, non-residential and mixed use sites shall be submitted for review only after a development plan has been approved for that area incorporated by the site plan. Site Plans shall be approved by the City Council after a recommendation by the Planning & Zoning Commission and all site plans shall meet the requirements of Section 40.3 Site Plan Information Required. Building permits for residential lots shall be approved after Development Plan approval, Preliminary plat approval, and Final Plat approval and filing at the county clerk’s office. 3. PRELIMINARY AND FINAL PLAT REVIEW a. Preliminary Plat Approval: DRAFT April 15, 2005 47-21 An application for Preliminary Plat approval may be submitted only after Development Plan approval for development in the TZD. A Preliminary Plat may be submitted for all of a planned development or for a section of development. The Preliminary Plat shall generally conform to the approved Development Plan. The applicant shall follow Article III, Section 3.02 of Ordinance 483, the city’s Subdivision Regulations, for the Preliminary Plat Submittal Requirements. Simultaneous Submittals - Applications for a Preliminary Subdivision Plat approval may be submitted for review simultaneously with the Development Plan application. In such cases any approval of the Preliminary Plat must be conditioned upon the approval of the Development Plan. If the approved Development Plan includes any additions or conditions by the decision-making authority, the Preliminary Plat undergoing simultaneous review must be amended to conform to the approved Development Plan. b. Final Plat Approval: An application for Final Plat approval shall be submitted only after a Preliminary Plat has been approved for development in the TZD. A Final Plat may be submitted for all of a planned development or for a section of development. The Final Plat shall conform to the approved Preliminary Plat and Development Plan. The applicant shall follow Article III, Section 3.03 of Ordinance 483, the city’s Subdivision Regulations, for the Final Plat Submittal Requirements. 47.10 Variances The City Council may vary any of the specific standards in the TZD after a recommendation by the Planning & Zoning Commission based on unique site conditions and development intent at the time of the zoning change/development plan application. However, the Board of Adjustment may grant variances to all specifically established TZD standards for a particular development after approval of the zoning change and development plan by City Council. 47.11 Amendments to Approved Plans The Planning Director may approve minor changes to and deviations from officially approved plans with the applicant’s written justification of the nature of changes. Any significant changes to and deviations from approved plans shall be regarded as an amendment to that particular plan and shall be reviewed by staff and subject to Planning & Zoning Commission recommendation and City Council approval. The Planning Director shall make the determination as to whether a proposed change is minor or significant.