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480-CCCOFFICIAL RECORD ORDINANCE NO.480-CCC AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING SECTION 48 ESTABLISHING THE RURAL CONSERVATION SUBDIVISION (RCS) ZONING DISTRICT; PROVIDING DEFINITIONS, USES, AND STANDARDS FOR DEVELOPMENT; PROVIDING FOR THE APPROVAL PROCESS; 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 establishment of a Rural Conservation Subdivision zoning district will implement the Southlake 2025 Plan goals of preserving Southlake's rural assets and other goals described in Section 1; 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: Ordinance 480-CCC September 20, 2005 SECTION 1 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the addition of a new Section 48, which shall read as follows: SECTION 48 RURAL CONSERVATION SUBDIVISION (RCS) ZONING DISTRICT 48.1 Relationship to the Comprehensive Master Plan The Rural Conservation Subdivision (RCS) Zoning District implements the following recommendations of the Southlake 2025 Plan — Phase Il: a. Protection of 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. b. Creation of a new land use district that protects and preserves a portion of Southlake's agricultural/ranching environment and rural character. C. Identification and protection of significant wooded areas and other environmentally sensitive areas in perpetuity as natural open spaces. 48.2 Purpose & Intent The purpose of the RCS Zoning District is to implement the recommendations of the Southlake 2025 Plan with respect to: a. protecting and preserving a portion of Southlake's agricultural/ranching environment and rural character; b. providing for the recommended zoning district alternative to promote environmentally sensitive and efficient uses of the land in areas designated as Rural Conservation in the Consolidated Future Land Use Plan; C. preserving unique or sensitive natural resources such as floodplains, wetlands, streams, steep slopes, woodlands, wildlife habitat, and agricultural/ranching areas in perpetuity; d. 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; e. reducing erosion and sedimentation by minimizing land disturbance and removal of vegetation for development; f. 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 g. conserving scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space. Ordinance 480-CCC 48.3 Definitions September 20, 2005 The following definitions shall apply to uses, category of uses, and other terms used in the RCS Zoning District only. For terms not specifically defined under this subsection, Section 4, Definitions shall apply. 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. Consolidated Future Land Use Plan The Consolidated Future Land Use Plan is a component element of the Southlake 2025 Plan, the city's Comprehensive Master Plan. The Consolidated Future Land Use Plan, as amended, serves as the community's blueprint for future development by providing guidelines for the appropriate location, concentration, and intensity of future development by land use categories. Environmental Preserve An environmental preserve is natural open space reserved for land that is under permanent conservation. It consists 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. Environmental preserves may be in conservation easements. 3 Ordinance 480-CCC September 20, 2005 Typical environmental preserves along creeks and flood plains 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 or by some other method approved by the City Council. 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. Southlake 2025 Plan It is the City of Southlake's Comprehensive Master Plan, as amended, consisting of multiple elements, as adopted by the City Council. 4 Ordinance 480-CCC 48.4 Permitted Uses September 20, 2005 Permitted uses in the RCS Zoning District are as follows (uses not listed are prohibited): a. Residential Uses 1. Single family detached dwellings. 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. Other uses of a similar nature and character. c. Conservation Easement/Protected Open Space Uses l . 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. Accessory Uses All accessory uses permitted in the Agricultural (AG), Residential Estate (RE), or SFl-A Single Family residential district under Section 34 Accessory Uses shall be permitted in the RCS District, provide that the sum total of all accessory structures on a lot shall not exceed 1,000 square feet. Ordinance 480-CCC September 20, 2005 48.5 General Standards for Rural Conservation Subdivision (RCS) Zoning District A Rural Conservation Subdivision Zoning District shall have a gross contiguous land area of twenty (20) acres or greater and shall be developed with clustered housing intended to prevent the loss of natural features while providing optimal development potential to developers. The overall net density shall not exceed 1.4 dwelling units per acre in the RCS District. For a district proposed at a net density less than or equal to 1.4 dwelling units per acre, the following conditions shall be met: 1. City sanitary sewer and water service shall be available. 2. Net density and corresponding protected open space shall comply with the following: Proposed Net Density Minimum Gross Protected Open Space Required Less or equal to than 1.00 15% 1.01 — 1.1 20% 1.11 — 1.2 25% 1.21 —1.3 30% 1.31 - 1.4* 35% 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 or by other means as approved by City Council. 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. c. Development Regulations 1. The height, setback, area floor space, fence design, and other development regulations shall be established as part of the Development Plan approved by the City Council and adopted with the ordinance creating the District. 2. 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 Zoning District. Gross Protected Open Space is the total amount of protected open space as a percentage of the total area of the site including area dedicated to streets and other infrastructure. 0 Ordinance 480-CCC The following are examp nces Acceptable masonry, wood, and wrought -iron fences The following images are ice designs: Unacceptable fence designs 48.6 Ownership and Delineation of Protected Open Space September 20, 2005 All development in the RCS Zoning District shall provide protected open space based on the density of the proposed development. The open space may be protected in perpetuity from development through a conservation easement or other means approved by City Council. If the open space is protected by means of a conservation easement, it shall be held by a qualifying party and approved by the City Council. a. The easement must contain an appropriate provision for retransfer in the event the qualifying party becomes unable to carry out its functions. b. 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. Ordinance 480-CCC September 20, 2005 c. 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. d. 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. 2. If the applicant proposes protected open space through a means other than a conservation easement, the applicant shall provide evidence of the establishment and maintenance of such open space. The ordinance establishing the RCS Zoning District shall require that documents evidencing the establishment and perpetual maintenance be filed of record in the applicable county. 48.7 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 City Council; 4. provides for enforcement of the Plan; and 5. provides that, 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, but is not required to, 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. Ordinance 480-CCC September 20, 2005 48.8 Applications and Development Review Process Applications for Rezoning. An applicant requesting a rezoning to the RCS Zoning District shall submit a Development Plan that meets the requirements of subsection 48.6 and include the informational requirements for a Development Plan in the R-PUD under Section 40 of this ordinance. 2. The Planning and 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 and Zoning Commission or City Council deems appropriate. The Development Plan shall be included in the ordinance establishing the district. b. Plan Review Process. l . Overview of Review Process: Development of land in the RCS Zoning District includes two steps and plat approval. The first two steps are the rezoning and development plan review and approval phase. A building permit for building with single- family residential structures may be obtained after approval of final plat by the Planning and Zoning Commission. The Development Plan: The Development Plan in the RCS Zoning District 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 for which the rezoning is sought. A Development Plan in the RCS Zoning District 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 RCS Zoning District shall illustrate the proposed general design of the site with dimensional guidelines that provide adequate information about the design intent, intensity, and phasing of the proposed development. ii. The application shall: (a) demonstrate compliance with the District's purpose and standards and the Southlake 2025 Plan, as amended; Ordinance 480-CCC September 20, 2005 (b) include a map(s) meeting all the informational requirements for a Zoning Change/Development Plan in the R-PUD district (as listed under Section 40), and meeting the standards of this section including: (1) the layout of proposed blocks, streets, bikeways, and pedestrian paths; (2) the location and acreage of protected open space areas and whether each area will be privately owned, held under a conservation easement, common area for residents only, or dedicated to public use; (3) the location, area, and percentages of residential, agricultural, open space, or other uses proposed in the subdivision; (4) the approximate shape, size, and placement of buildings; and (c) include a report in the form of text, statistical information, tables, guidelines, and graphics that include: (1) a statement indicating the purpose and intent of the proposed district; (2) 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 its component elements; (3) statistical information including: (a) gross acreage of the site and net acreage of the site excluding jurisdictional wetlands, regulatory floodplains, and slopes over 20%; (b) the amount of land devoted to protected open space, both in acres and as a percentage of the gross acreage of the site. (c) the amount of land devoted all proposed uses, both in acres and as a percentage of the gross acreage of the site. I Ordinance 480-CCC September 20, 2005 (d) a plan for pedestrian, bicycle, and vehicular circulation showing the general design capacity of the system and access points to the major thoroughfare system. (e) a daily and peak hour trip generation and directional distribution report by use prepared by a professional; engineer unless the Director of Public Works finds that the traffic to be generated by the proposed district does not warrant the preparation and submission of a study; (f) the maximum allowable building coverage, density, and height; and (g) the minimum building setbacks and any dimensional standards including lot width, depth, and area. (4) street design standards, with typical cross -sections and street classifications 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; (5) development standards for the proposed development (or for each phase, if it is to be developed by phases) specifying dimensional standards for lot area, lot width, lot depth, lot coverage, accessory use/structure standards, setbacks, heights, and development density; (6) an open space management plan and legal instrument for permanent protection of the open space as described in subsections 48.7 and 48.8; and (7) a nonbinding schedule for the development (or for each phase, if it is to be developed by phases), which shall show generally how the applicant will complete the project containing the following information: Ordinance 480-CCC 48.9 Modifications September 20, 2005 (1) the proposed order of construction by section delineated on the Development Plan; (ii) the proposed schedule for construction of improvements to open space areas; and (iii) the proposed schedule for the installation of required public or utilities improvements and the dedication of public rights -of -way, easements and properties. iii. The applicant may request that the Director of Planning or City Engineer waive or defer any of the foregoing requirements of the application that are not applicable to the review of a specific development. The City Council may approve modifications to any of the standards in the RCS Zoning District after a recommendation by the Planning and Zoning Commission based on unique site conditions and development intent at the time of the zoning change/development plan application. In granting a modification, the City Council may impose any conditions that it deems necessary or desirable to protect the public interest and effectuate the goals of the Southlake 2025 Plan. However, an applicant may submit to the Board of Adjustment a request for a variance and the Board may grant variances to any specifically established RCS Zoning District standards, as approved by the City Council in the Development Plan, for a particular development SECTION 2 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. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid 12 Ordinance 480-CCC September 20, 2005 judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 13 Ordinance 480-CCC SECTION 7 September 20, 2005 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the Ist reading the 161h day of August, 2005. MA OR ATTEST: SECRETARY 14 ,,,,, sou rHC'••. • •. e � e • '�i• °°oos•e• Ordinance 480-CCC September 20, 2005 PASSED AND APPROVED on the 2nd reading the 201h day of September, 2005. APPROVED T FO�9 AN/ TY: 7 / CITY ATTORNEY 15 AYOR ATTEST: CITY SECRETARY INVOICE Draft 01i Star -Telegram Customer ID: CIT57 RECEIVED 400 W. 7TH STREET Invoice Number: 260840311 FORT WORTH, TX 76102 Invoice Date: 9/23/05 (817) 390-7761 Federal Tax ID 22-3148254 OCT 1 % 20 Terms: Net due in 21 days Due Date: 9/30/05 Bill To: OFFICE OF CITY SECRETARY PO Number: 42587 CITY OF SOUTHLAKE Order Number: 26084031 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/23/05 Attn Attn: ACCOUNTS PAYABLE Description Location Col Depth Linage _ IU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 1 7> 75 LINE S0.81 S60.75 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in anc for the Star -Telegram, published t depose and say that the attache LEGAL DEPT. STAR TLEGRAM (817) 390-7320 Net Amount: CHRISTY L. HOLLAND kly CdMMISSION EXPOlt 5 July 31, 2008 $60.75 State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did artisement was published i the above named paper on the listed dates: BIDS & I (\ . comply with or who v 1 / V v resists the enforce- v ment of any of the provisions of this or - SUBSCRIBED AND SWORN TO BEF note morehathan fTwo y, OCtob 0 , 5.. Thousand Dollars ($2,000.00) for each offense. Each day thatL a violation permitted NUbIIC to exist shall consti- tute a separate of - rise. PAfeSSED AND AP - Thank You For Your Pay PROVEDtY THIS SEPE — — - TEMBER, 2005, — — — — — — DURING THE REG-------------------_,_.---_--- — — ULAR CITY COUN- CIL MEETING. MAYOR: Andy Wambsganse ATTEST: Lori Farwell, City Secretary Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 260840311 Invoice Amount: $60.75 PO Number: 42587 Amount Enclosed: $ INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 PAYABLE CITY OFSOUTHLAKE Notic THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in an for the Star -Telegram, published that the attached clipping of an a (817) 390-7320 0 1 pPpgUq�BBLI�C�.{{AATVION MIIN�� ;ZVCATION FOR THPLIE OFFICIAL NEWSPAPER- AND ONDATE EF- FECTIVEPART 4. Any person, firm or corporation who vio- lates, disobeys, omits, neglects or refuses to niv with or who or - be a y101auvi..3 Fo. tuts xa separsti fence. City 4f Sot#hiake Lo Farwell'' City Secretary Customer ID: CIT57 Invoice Number: 259453051 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 8/ 19/05 Net due in 21 days 8/31 /05 40224 25945305 073 CITY OF SOUTHLA 8/ 19/05 79 79 LINE $0.81 Net Amount: RECEIVED SEP - 7 M OFFICE OF CITY SECRETARY '; CHRISTY L. HOLLAND " MY COMMISSION EXPIRES ,;f�+ July 31, 2008 $63.99 $63.99 ite, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator % at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say °d in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TLEGRAM I I` j Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, AugusV2�, 2005. Notary Thank You For Your Payment ----------------------------..._.-----.-_.----------- Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 259453051 Invoice Amount: $63.99 PO Number: 40224 Amount Enclosed.