Item 7Jk. City of Southlake
Department of Planning
1400 Main Street, Suite 310, Southlake, TX 76092
MEMORANDUM
September 14, 2005
TO: The Honorable Mayor and City Council
FROM: Ken Baker, AICP, Planning Director
SUBJECT: Ordinance 480 -CCC — Amendment to the Comprehensive Zoning Ordinance to
add the Rural Conservation Subdivision (RCS) Zoning District (proposed new
Section 48).
REQUESTED ACTION: Conduct a Public Hearing on Ordinance 480 -CCC.
Conduct a second reading of Ordinance 480 - CCC.
BACKGROUND: 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. This ordinance
amendment aims to implement the Rural Conservation Subdivision
land use category by creating the corresponding zoning district.
Following the discussions about optimal density, open space
requirement, and financial feasibility with the Planning and Zoning
Commission and City Council, staff is proposing the Rural
Conservation Subdivision zoning district, the new Section 46 of
the city's comprehensive zoning ordinance 480, as amended. The
following two options were considered at the Planning and Zoning
Commission August 4, 2005 meeting:
• A flat maximum density standard of 1.4 dwelling units per
acre and a minimum open space requirement of 35 %; or
• A sliding scale density and open space standard:
Proposed Net Density
A7inimum Gross Open Space Required
Less than or equal to 1.00
15%
1.01-1.1
20%
1.11-1.2
25%
1.21-1.3
30%
1.31 - 1.4*
35%
*J. 4 would then be the maximum net density permitted in the Rural
Conservation Subdivision zoning district under this option also.
The Planning and Zoning Commission recommended the sliding
scale density and open space option over the flat density option
due to the range of development opportunities it provides both the
city and developers.
In addition, to some P &Z recommended changes, several additions
were made to the ordinance per recommendations from the City
Attorneys. All the changes that have been made since the Planning
and Zoning Commission's recommendation on the ordinance
amendment have been identified through strikethroughs (for
deletions) and underlines (for additions).
FINANCIAL
CONSIDERATIONS: None
LEGAL REVIEW: Yes
CITY COUNCIL
ACTION: Approved (5 -0) Ordinance 480 -CCC on first reading on August 16,
2005
P &Z ACTION: August 4, 2005; Conducted a Public Hearing on the proposed
Ordinance 480 -CCC with the following changes:
• Recommending the sliding scale density and open space
requirement option; and
• Recommending the addition of the following statement
under the Purpose and Intent section: "The R -PUD is not
appropriate in areas designated for Rural Conservation land
use in the consolidated future land use plan."
ATTACHMENTS: Proposed ordinance 480 -CCC (new Section 48)
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) 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
WI-IEREAS, 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 l; 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:
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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 District (RCS)
1 48.1 Relationship to the Comprehensive Master Plan
The Rural Conservation Subdivision (RCS) District implements the following
recommendations of the Southlake 2025 Plan — Phase IL
44a. Protect 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.
44b. Create of a new land use district that protects and preserves a portion of
Southlake's agricultural /ranching environment and rural character.
44c. Identif and protect of significant wooded areas and other
environmentally sensitive areas in perpetuity as natural open spaces.
1 48.2 Purpose & Intent
The purpose of the Rufal C efisef .- at ie i , S ,:s" ., i�eftf dDistrict is to implement
the recommendations of the Southlake 2025 Plan with respect to:
tea. Pprotecting and preserving a portion of Southlake's agricultural /ranching
environment and rural character;
fib. Pproviding for the recommended -a zoning district alternative
ef design in efde to promote environmentally sensitive and efficient uses of the
land in areas designated as Rural Conservation in the Consolidated Future Land Use
Plan
mac. Ppreserving unique or sensitive natural resources such as floodplains, wetlands,
streams, steep slopes, woodlands, wildlife habitat, and agricultural/ranching areas in
perpetuity;
mod. gpermitting 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;
fie. Rreducing erosion and sedimentation by minimizing land disturbance and removal
of vegetation for development;
44f e 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
Wig. Cconserving scenic views and reduce perceived density by maximizing the number
of houses with direct access to and views of open space.
1 48.3 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.
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 G iei. 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 byproviding
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.
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
methodteel 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.
48.4 Permitted Uses
Permitted uses in the RCS district are as follows- ( "'4 � 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
I . 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.
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d. Accessory Uses
All accessory uses permitted in the Agricultural (AG), Residential Estate (RE), or
SF1 -A Single Family residential district under Section 34 Accessory Uses shall be
permitted in the RCS District, provide that t. fii a ddi e.i to star ft f s f
t rettrrc ttrSeetiefi 34, sta1idafids fef ae , the RCS shall
The sum total of all accessory structures on a lot shall not exceed 1,000 square feet.
1 48.5 General Standards for Rural Conservation Subdivisions (RCS)
a. A Rural Conservation Subdivision District shall -'Alhere the RCS is d ,,,',.ped the
*ra� 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. TheThe _ A overall net density shall not to
exceed 1.4-dwelling units per acre in the RCS District. For a district pr
Moposed at a net density less than or equal to 1.4 dwelling units per acre,
the following conditions afe shall be met:
1. City sanitary sewer and water service afe shall be available.
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d. Accessory Uses
All accessory uses permitted in the Agricultural (AG), Residential Estate (RE), or
SF1 -A Single Family residential district under Section 34 Accessory Uses shall be
permitted in the RCS District, provide that t. fii a ddi e.i to star ft f s f
t rettrrc ttrSeetiefi 34, sta1idafids fef ae , the RCS shall
The sum total of all accessory structures on a lot shall not exceed 1,000 square feet.
1 48.5 General Standards for Rural Conservation Subdivisions (RCS)
a. A Rural Conservation Subdivision District shall -'Alhere the RCS is d ,,,',.ped the
*ra� 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. TheThe _ A overall net density shall not to
exceed 1.4-dwelling units per acre in the RCS District. For a district pr
Moposed at a net density less than or equal to 1.4 dwelling units per acre,
the following conditions afe shall be met:
1. City sanitary sewer and water service afe shall be available.
' e s . 0 b '
2. Net density and correspond in, open space shall comply with theme
followings:
Proposed Net Density
Less or eaual to than 1.00
1.01 - 1.1
1.11 - 1.2
1.21- 1.3
1.31 - 1.4*
Minimum Gross Protected Open Space
Required
15%
20%
25%
30%
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.
4S-6—b Development Regulations
1�The height, setback, area floor space, fence design, and other development
regulations shall be established as part of the Development Plan
appfe-,� aaaroved by the City Council and adopted with the ordinance creating
the District The Beafd ef Adjustffiefft fflaygfafft
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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 District
The following are examples of acceptable fence designs:
Acceptable wood and pipe -rail fences
° Gross Protected Open Space is the total amount of protected open space as a percentage of the total area of the site
includin, area dedicated to streets and other infrastructure.
Acceptable masonry, wood, and wrought -iron fences
The following images are examples of unacceptable fence designs:
48.7 Ownership &- and Delineation of Censei- .mien Easements-Protected Open Space
All development in the RCS 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.
1. 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.
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
Unacceptable fence designs
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 district
shall require that documents evidencing the establishment and perpetual
maintenance be filed of record in the applicable county.
1 48.8 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 -;
2. ETestimates 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, n 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.
48.9 Applications and Development Review Process
a. Applications for Rezoning_
1. An applicant requesting a rezoning to the RCS District shall submit a
Development Plan that meets the requirements of subsection 48.6 and
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include the informational requirements for a Development Plan in the R-
PUD under Section 40 of this ordinance.
2. The Planninu and Zoninu 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 Plaiuung and Zoning Commission or City Council deems appropriate.
The Development Plan shall be included in the ordinance establishing the
district.
b. Plan Review Process.
1. Overview of Review Process:
Development of land in the RCS 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.
2. The Development Plan:
The Development Plan in the RCS District is intended to illustrate the
general development pattern of the district consistent with the purpose and
intent of the district.
i. The applicant shall submit a Development Plan for the entire
property for which the rezoning is sought. A Development Plan in
the RCS 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 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,
(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,
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2) the location and acreage of protected oxen 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.
(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
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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 desiun 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 nonbindinu 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:
(i) 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.
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iii. The applicant may request that the Director of Planning or r City
Engineer waive or defer any of the foregoing requirements of the
application that are not applicable to the review of a specific
development.
48.10 Modifications
The City Council may approve modifications to any of the standards in the RCS 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 rg anting a modification, the City Council may impose any conditions that
it deems necessary or desirable to protect the public interest and effectuate the oag is of
the 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
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
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.
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SECTION 4
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning yard regulations which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 6
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 7
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and
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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 day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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