Item 4A
M E M O R A N D U M
April 27, 2011
To:
City Council
From:
Ken Baker, AICP – Director of Planning & Development Services
Subject:
Ordinance No. 480-FFFF, Amendment to the City of Southlake
Comprehensive Zoning Ordinance No. 480, as it pertains to open space
management plans.
Action
st
Requested:
Consider 1 reading of proposed changes to the City of Southlake Zoning
Ordinance No. 480, as it pertains to open space management plans.
Background
Information:
During the development of the Southlake 2030 North Sector Plan, a
recommendation was made to “require a maintenance plan as part of the
zoning application process for public/private parks.” The Zoning Ordinance
currently requires an open space management plan for certain residential
zoning districts. The purpose of this zoning amendment is to expand the
requirement for open space management plans to all residential and non-
residential developments that are proposing public or private open space. In
addition, this amendment will add a requirement for open space
management plans to include a description or illustration of intended uses of
the open space.
Initially, staff proposed to remove the requirement for an estimate of
maintenance costs as part of an open space management plan. After Parks
and Recreation Board input, this requirement has been added back to the
regulations.
The proposed requirements for open space management plans are attached
in summary form (Attachment C), in ordinance form (Attachment D), and in
red-line strikeout form (Attachment E). The existing open space
management plan regulations will be removed from the individual zoning
districts and the new regulations will be consolidated into Section 33 of the
Zoning Ordinance.
Financial
Considerations:
None.
Strategic Link:
Quality Development.
Citizen Input/
Board Review:
A Citywide SPIN meeting was held on March 28, 2011. The meeting report
is attached.
On April 11, 2011, the Parks and Recreation Board approved the proposed
amendments (8-0), requiring maintenance costs estimates for open space to
nd
be provided prior to the 2 Reading of the ordinance at City Council, versus
earlier in the process.
A public hearing was held before the Planning & Zoning Commission on
April 21, 2011. The Planning & Zoning Commission approved the proposed
amendments (6-0) as presented.
A public hearing is tentatively scheduled before City Council on May 17,
2011.
Legal Review:
This ordinance is under review by the City Attorney.
Alternatives:
1) Recommend approval of the proposed amendment;
2) Recommend approval with modifications to the proposed amendment;
3) Recommend denial of the proposed amendment.
Supporting
Documents:
A) SPIN Meeting Report
B)Summary ofCurrent Requirements for Open Space Management Plans
C) Summary of ProposedRequirements for Open Space Management Plans
D) Proposed Ordinance No. 480-FFFF
E) Red-line Strikeout Version of Proposed Changes
Attachment A
SPIN MEETING REPORT
CASE NO.
Ordinance No. 480-FFFF
PROJECT NAME:
Open Space Management Plan Ordinance
MEETING DATE:
March 28, 2011; 6 PM
MEETING LOCATION:
1400 Main Street, Southlake, TX
Training Rooms 3A – 3B
TOTAL ATTENDANCE:
Three (3)
SPIN REPRESENTATIVE(S) PRESENT:
None
STAFF PRESENT:
Jenny Crosby, Planner II and Clayton Comstock, Planner II
STAFF CONTACT:
Jenny Crosby, Planner II, (817)748-8195; jcrosby@ci.southlake.tx.us
EXECUTIVE SUMMARY
One of the recommendations of the Southlake 2030 Comprehensive Plan—more specifically the
North Sector Plan—was the requirement of an open space maintenance plan as part of the zoning
application process for public/private parks.
An Open Space Management Plan is currently required for the following zoning districts if common
open space is provided as part of a concept or development plan: SF-1A, SF-30, SF-20, MF-1, MF-
2, MH, TZD, RCS, and ECZ.
An Open Space Management Plan is NOT required in the following zoning districts: PUD, SF-2,
RE or any non-residential districts.
The current regulations outline the following requirements:
• Responsibility and guidelines for maintenance and operation
• Estimate of costs and staffing requirements
• Provision for enforcement
• Provision for City to assume responsibility for maintenance and take corrective action if not
maintained
The proposed ordinance would eliminate the requirement for an Open Space Management Plan
from each of the individual zoning district categories. Instead, an Open Space Management Plan
would be required with the approval of a site plan, concept plan, or development plan for any
development (in any zoning district) that creates common open space. Additionally, the existing
requirement for maintenance cost estimates is proposed to be removed.
GENERAL COMMENTS / CONCERNS
It’s difficult to provide an estimate of maintenance costs upfront.
It’s important to identify who will be responsible for maintenance.
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN
Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to
inform elected and appointed officials, City staff, and the public of the issues and questions raised
by residents and the general responses made. Responses as summarized in this report should
not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow
the case through the Planning and Zoning Commission and final action by City Council.
Attachment B
Summary of Current Requirements for Open Space Management Plans
(In select Zoning Districts)
For all development proposing open space in this zoning district, an open space management plan
that meets the following criteria shall be required at the time of zoning change and
concept/development plan:
Distribution 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;
An estimate of the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the protected open space and an outline showing the
means by which such funding will be obtained or provided;
A provision that any changes to the Plan be approved by the City Council;
A provision for enforcement of the open space management plan; and
Provisions 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 which
shall become a lien on all property within the subdivision.
Attachment C
Summary of Proposed Requirements for Open Space Management Plans
(To be added to Section 33 of the Zoning Ordinance)
For all development proposing any public or private open space, an open space management
plan is required that includes the following:
1. Generally describes or illustrates intended uses of the open space, such as natural
vegetation preservation areas, gardens, trails, playgrounds, and/or other facilities;
2. Allocates responsibility and guidelines for the maintenance and operation of the open
space and any facilities located thereon, including provisions for ongoing maintenance
and for long-term capital improvements;
3. Provides an estimate of the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and an outline showing the means by
which such funding will be obtained or provided;
4. Provides that any changes to the plan be approved by the City Council;
5. Provides for enforcement of the plan; and
6. Provides that, in the event the party responsible for maintenance of the 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.
Attachment D
ORDINANCE NO. 480-FFFF
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AS IT PERTAINS TO OPEN SPACE MANAGEMENT PLANS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
.
WHEREAS
, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Local Government Code; and
WHEREAS,
the city has adopted Ordinance No. 480, as amended, as the Comprehensive
Zoning Ordinance for the city; and
WHEREAS,
the City Council has determined that it is appropriate and in the best interest of
the city to promote the public health, safety, and general welfare of its residents by amending
Ordinance No. 480 as provided herein; and
WHEREAS
, the City Council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
Section 11.7 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
11.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this
ordinance is required to be submitted with a request for zoning to an SF-1A Single
Family Residential District. (As amended by Ordinance No. 480-HHH, 480-OOO, and
480-FFFF).
SECTION 2
Section 13.6 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
13.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this
ordinance is required to be submitted with a request for zoning to an SF-30A Single
Family Residential District. (As amended by Ordinance No. 480-FFFF).
SECTION 3
Section 14.6 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
14.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this
ordinance is required to be submitted with a request for zoning to an SF-20A Single
Family Residential District. (As amended by Ordinances No. 480-OOO and 480-FFFF).
SECTION 4
Section 16.7 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
16.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this
Ordinance is required to be submitted with a request for zoning to an MF-1 Two Family
Residential District.
All properties zoned at the effective date of this ordinance which do not have an
approved Concept Plan on file with the City shall submit a Concept Plan meeting the
requirements of Section 41 of this ordinance prior to submittal of a site plan.
The Concept Plan shall be processed in accordance with this Ordinance and state law
for changes in zoning. (As amended by Ordinances No. 480-M, 480-OOO, and 480-
FFFF.)
SECTION 5
Section 17.7 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
17.7 USABLE OPEN SPACE
All residential use shall provide and maintain a minimum of two hundred and fifty (250)
square feet of Usable Open Space for each dwelling unit. For the purpose of this
ordinance, Usable Open Space is as follows:
Usable open space shall mean outdoor area, excluding parking and other service areas,
which is utilized for livable and/or related amenity, such as outdoor living, associated
recreation and/or landscaping, and which is open and unobstructed from its lowest level
to the sky except for roof overhangs and architectural projections. All usable open
space, unless hereinafter excepted, shall be accessible to, and usable by, all residents
residing on the site. Private courtyards or balconies may constitute usable open space
for the purpose of calculating up to thirty (30) percent of the total required usable open
space. Usable open space may include areas at the ground level and/or on roofs,
decks, or balconies designed for common use; provided, that such areas meet other
criteria as hereinafter set forth. The minimum dimensions for usable open space at the
ground level shall be ten (10) feet by ten (10) feet and the minimum area shall be one
hundred (100) square feet. The minimum dimensions for usable open space located on
roofs or decks that are available for common use shall be twenty (20) feet by twenty (20)
feet and the minimum area shall be four hundred (400) square feet. At least one-half of
the required open space shall be at the ground level. (As amended by Ordinances No.
480-OOO and 480-FFFF).
SECTION 6
Section 29.8 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
29.8 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this
ordinance is required to be submitted with a request for zoning to an “MH” Manufactured
Housing District. (As amended by Ordinances No. 480-HHH, 480-OOO, and 480-FFFF).
SECTION 7
Section 30.11 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
30.11 COMMON OPEN SPACE - For all residential uses within a planned unit development,
common open space (whether dedicated to public use or owned and maintained in
common by all or part of the occupants of the PUD through a property owner
association) shall be reserved primarily for the leisure and recreational use of the
occupants of the residential uses. The common open space shall comprise not less
than ten (10) percent of the gross site area within a Residential Planned Unit
Development (R-PUD). The location of open space shall be subject to City Council
approval. The amount of said common open space may be varied downward by the City
Council when a lesser amount of such open space would be more appropriate to the
density of development or size of families or households proposed in a project, or where
the availability and nature of adjacent public open space is such that a lesser amount of
common open space would adequately protect the health, safety and welfare and
promote the orderly development of the residential uses.
For the purpose of this section, common open space shall include:
1. Land area accessible to and permanently reserved for the common use and
enjoyment of the occupants of the residential project for leisure and recreational
purposes, not including area devoted to parking and accessory uses.
2. Golf courses, parks, and other open greenbelt areas adjacent to the project,
whether publicly or privately owned, which are readily accessible.
3. School sites, excluding the area devoted to buildings.
Land required for common open space shall not include the following:
1. Areas reserved for the exclusive use and benefit of an individual tenant or owner.
2. Dedicated streets, alleys or public rights-of-way.
3. Vehicular driveways, private streets or parking, loading or storage areas.
4. Areas in retention and detention ponds of drainage easements in excess of 25%
of the total open space area.
In residential PUDs that either create four (4) or fewer residential lots or 0.5 acres or less
of open space, the required common open space may be in perpetual conservation or
tree preservation easements as defined and approved in the ordinance creating the R-
PUD (As amended by Ordinances No. 480-HHH and 480-FFFF).
SECTION 8
Section 33.20 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
added to read as follows:
33.20 OPEN SPACE MANAGEMENT PLANS – For all development proposing any private or
public open space, an open space management plan is required that:
1. Generally describes or illustrates intended uses of the open space, such as
natural vegetation preservation areas, gardens, trails, playgrounds, and/or other
facilities;
2. Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long-term capital improvements;
3. Provides an estimate of the costs and staffing requirements needed for
maintenance and operation of, and insurance for, the open space and an outline
showing the means by which such funding will be obtained or provided;
4. Provides that any changes to the plan be approved by the City Council;
5. Provides for enforcement of the plan; and
6. Provides that, in the event the party responsible for maintenance of the 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. (As amended by Ordinance No. 480-FFFF)
SECTION 9
Section 40.3.ee of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
ee. For all development proposing any public or private open space, an open space
management plan meeting the requirements of Section 33, Supplementary District
Regulations. (As amended by Ordinance No. 480-MMM and Ordinance No. 480-
FFFF).
SECTION 10
Section 41.3 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended as follows:
Section 41.3.r is added to read as follows:
r. For all development proposing any public or private open space, an open space
management plan meeting the requirements of Section 33, Supplementary District
Regulations. (As amended by Ordinance No. 480-FFFF).
Section 41.3.r and Section 41.3.s are renumbered to Section 41.3.s and 41.3.t respectively:
s. Other information the applicant and/or owner might wish to include.
t. Such other information as may reasonably be required by the City Staff, Planning and
Zoning Commission or the City Council.
SECTION 11
Section 47 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended as follows:
Section 47.7.h.6 is hereby deleted.
Section 47.8.b.2.ii(c)(10) is hereby deleted and Section 47.8.b.2.ii(c)(11) is hereby
renumbered to 47.8.b.2.ii(c)(10).
SECTION 12
Section 48 of the Comprehensive Zoning Ordinance No. 48, as amended, is hereby
amended as follows:
Section 48.7 is hereby deleted in its entirety.
Section 48.8 is hereby renumbered to Section 48.7.
Section 48.7.b.2.ii(b) (formerly Section 48.8.b.2.ii(b)) is amended as follows:
(b) include exhibits 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;
)
(4the approximate shape, size, and placement of buildings; and
Section 48.7.b.2.ii(c)(6) (formerly Section 48.8.b.2.ii(c)(6)) is amended as follows:
(6) an open space management plan and legal instrument for permanent
protection of the open space; and
Section 48.9 is hereby renumbered to Section 48.8.
SECTION 13
Section 49 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended as follows:
Section 49.7.g is hereby amended as follows:
g. Bonus Provisions.
1. Development in the Employment Center Zoning District Commercial Core
and Edge shall be eligible for specific bonuses if the district provides for:
i. a greater area of dedicated open space than the 15% requirement of this
ordinance; and/or
ii. the preservation of significant tree stands to create a contiguous network
of open spaces.
Section 49.7.h.6 is hereby deleted in its entirety.
Section 49.8.b.2.ii(b) is amended as follows:
(b) include exhibits meeting 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:
(1) delineation of EC Zoning District components proposed in the
development;
(2) the layout of proposed blocks, streets, bikeways, and pedestrian paths;
(3) the location and acreage of open space areas and whether each will be
privately owned, a common area for residents only or dedicated to
public use;
(4) the location, area, and percentages of retail, office, residential, civic,
and open space uses;
)
(5the approximate shape, size, and placement of buildings; and
(6) the general parking layout and approximate parking count, with
indication of parking lot landscape areas;
Section 49.8.b.2.ii(c)(10) is hereby deleted in its entirety.
Section 49.8.b.2.ii(c)(11) is hereby renumbered to Section 49.8.b.2.ii(c)(10).
SECTION 14
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 15
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 16
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 17
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 18
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 19
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 ten (10) 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 20
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.
th
PASSED AND APPROVED on the 1st reading the 10 day of May, 2011.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the 17 day of May, 2011.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________