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Item 6E (2)CITY OF SOUTHLAKE MEMORANDUM June 1, 2011 To: Shana Yelverton, City Manager 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 Requested: Conduct a public hearing and consider 2nd 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 be provided prior to the 2nd 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 scheduled before City Council on June 7, 2011. Council Action: May 10, 2011; 1S Reading approved (6 -0) on consent. Legal Review: This ordinance has been reviewed 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 of Current Requirements for Open Space Management Plans C) Summary of Proposed Requirements 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; icrosby(d�ci. south lake. 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: 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 -000, 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 -000 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 -000, 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 -000 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 -000, 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: 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: 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: a. Generally describes or illustrates intended uses of the open space, such as natural vegetation preservation areas, gardens, trails, playgrounds, and /or other facilities; b. 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; C. 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; d. Provides that any changes to the plan be approved by the City Council; e. Provides for enforcement of the plan; and f. 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; (4) the 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; (5) the 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. PASSED AND APPROVED on the 1st reading the 10 day of May, 2011. MAYOR ATTEST: CITY SECRETARY 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: