Town of Flower Mound s OPEN SPACE VISION

1. Town of Flower Mound’sOPEN SPACE VISION Presented by the Town of Flower Mound’s OPEN SPACE BOARD

2. OVERVIEW Guiding Principles Open Space in Flower Mound Opportunities for Success Landowner Voluntary Conservation Conservation Developments Incentives Educational Opportunities Making Connections

3. Guiding Principles “Preserve the country atmosphere and natural environment that make Flower Mound a unique and desirable community.” (Flower Mound’s Open Space Plan) “To explore, educate, and encourage creative techniques to preserve our community character by protecting open space, wildlife habitat, and the environment.” (Open Space Board’s Vision Statement)

4. Open Space in Flower Mound What is “Open Space”? Natural areas Ancient Cross Timbers forest Scenic resources Agricultural lands Open space can also be in the form of vistas, environmental learning areas, drainage easements, ponds, trails, etc. The conservation development Chimney Rock, off of 1171 in western Flower Mound, conserved the scenic resources of the property, contiguous stands of trees, extensive savanna, a water feature/stock tank, and reserved a corridor for a future equestrian trail. Cross Timbers info: Flower Mound, Texas, is home to some of the nation’s most ancient forests, the Cross Timbers, which stretch from Texas north across Oklahoma to Kansas. Trees in the Cross Timbers region can be as much as 500 years old, largely because the terrain is too steep and rocky to be cleared for farming and because the forests are largely made up of Post Oaks – too small and crooked to be of use for loggers. In pioneer times, the band of timber was a famous landmark, indicating the midway point for a pioneer’s long journey in a covered wagon to the American West. It was also a formidable obstacle to travelers because of the density of growth. It served as a dividing line between the hunting grounds of the Plains Indians and East Texas Indians. Comanches raided east of the Cross Timbers in the early years, and the Wichitas and others used the wood in the Cross Timbers. Indians used the Cross Timbers as a north-south avenue that afforded secrecy from enemies. The Eastern Cross Timbers, also known as the Lower Cross Timbers, extends southward through the eastern half of Cooke County through eastern Denton County and the city of Denton and south nearly to the Brazos River at Waco. Open space can also be in the form of vistas, environmental learning areas, drainage easements, ponds, trails, etc. The conservation development Chimney Rock, off of 1171 in western Flower Mound, conserved the scenic resources of the property, contiguous stands of trees, extensive savanna, a water feature/stock tank, and reserved a corridor for a future equestrian trail. Cross Timbers info: Flower Mound, Texas, is home to some of the nation’s most ancient forests, the Cross Timbers, which stretch from Texas north across Oklahoma to Kansas. Trees in the Cross Timbers region can be as much as 500 years old, largely because the terrain is too steep and rocky to be cleared for farming and because the forests are largely made up of Post Oaks – too small and crooked to be of use for loggers. In pioneer times, the band of timber was a famous landmark, indicating the midway point for a pioneer’s long journey in a covered wagon to the American West. It was also a formidable obstacle to travelers because of the density of growth. It served as a dividing line between the hunting grounds of the Plains Indians and East Texas Indians. Comanches raided east of the Cross Timbers in the early years, and the Wichitas and others used the wood in the Cross Timbers. Indians used the Cross Timbers as a north-south avenue that afforded secrecy from enemies. The Eastern Cross Timbers, also known as the Lower Cross Timbers, extends southward through the eastern half of Cooke County through eastern Denton County and the city of Denton and south nearly to the Brazos River at Waco.

5. Opportunities for Success Benefits of Open Space include: Environmental protection Preservation of community character Economic benefits Environmental stewardship Outdoor education Economic Benefits of Open Space A study combining open space, parks, and recreation ranked these combined factors number one of criteria used by small businesses in choosing a new location. Estimated value of all economic benefits (flood control, wildlife habitat, water filtering, recreation) generated by single acre of wetland: $150,000 to $200,000 Lerner, Steve and Poole, William. "Economic Benefits of Open Space Index." The Economic Benefits of Parks and Open Space: How Land Conservation Helps Communities Grow Smart and Protect the Bottom Line. 1999: 48. The Trust for Public Land. 10 March 2004 <http://www.tpl.org/tier3_cdl.cfm?content_item_id=1147&folder_id=727>. When City Green analysis is available, values of local economic benefits of open space will be added.Economic Benefits of Open Space A study combining open space, parks, and recreation ranked these combined factors number one of criteria used by small businesses in choosing a new location. Estimated value of all economic benefits (flood control, wildlife habitat, water filtering, recreation) generated by single acre of wetland: $150,000 to $200,000 Lerner, Steve and Poole, William. "Economic Benefits of Open Space Index." The Economic Benefits of Parks and Open Space: How Land Conservation Helps Communities Grow Smart and Protect the Bottom Line. 1999: 48. The Trust for Public Land. 10 March 2004 <http://www.tpl.org/tier3_cdl.cfm?content_item_id=1147&folder_id=727>. When City Green analysis is available, values of local economic benefits of open space will be added.

6. Landowner Voluntary Conservation Conservation options include: Conservation easements Donations Bequests Wildlife management uses Incentives for conservation include: Charitable gift deductions Reduction in capital gains & personal income taxes Reduction in property taxes All of the above-mentioned conservation options are voluntary. Definition of Conservation Easements: landowner can designate all or a specific part of his/her property to remain either in its natural condition or to be used for limited purposes (agricultural production, nature preserve, or in some cases limited development). The terms of the easement are set forth in a legal agreement between the owner and a qualified non-profit organization (land trust) or government entity. The landowner conveys the easement to the receiving non-profit organization, and the easement document is recorded at the county courthouse. The easement is a perpetual legally-binding instrument that “runs with the land” regardless of who owns the land in the future. The easement does not transfer the title of ownership of the land, but may remove certain rights for the use of the land (e.g. – further subdividing the land) as specified in the easement document. The easement holder enforces the restrictions on the land. Conservation easements may permit public access.  All of the above-mentioned conservation options are voluntary. Definition of Conservation Easements: landowner can designate all or a specific part of his/her property to remain either in its natural condition or to be used for limited purposes (agricultural production, nature preserve, or in some cases limited development). The terms of the easement are set forth in a legal agreement between the owner and a qualified non-profit organization (land trust) or government entity. The landowner conveys the easement to the receiving non-profit organization, and the easement document is recorded at the county courthouse. The easement is a perpetual legally-binding instrument that “runs with the land” regardless of who owns the land in the future. The easement does not transfer the title of ownership of the land, but may remove certain rights for the use of the land (e.g. – further subdividing the land) as specified in the easement document. The easement holder enforces the restrictions on the land. Conservation easements may permit public access.  

7. Conservation Developments Voluntary, incentive-based development option “Density-neutral” development The Town offers a variety of economic incentives A portion of the buildable land area is set aside as undivided, permanently conserved open space The lot size allowed within Conservation Developments is less than would normally be allowed in these zoning districts, but no increase in density is allowed. - Areas master-planned For SF-E (Single Family Estate – 1 unit per acre), 3 options are available. Where a minimum of 50% of the gross land area is preserved as open space, the minimum lot area per dwelling is 15,000 sq. ft. Where 45% of the gross land area is preserved as open space, the minimum lot area per dwelling is 15,000 sq. ft., with an average of 20,000 sq. ft. Where 40% of the gross land area is preserved as open space, the minimum lot area per dwelling is 20,000 sq. ft. - For areas master-planned in the Cross Timbers Conservation District (1 unit per 2 acres), a minimum of 50% of the gross land area is preserved as open space, and the minimum lot area per dwelling is 1 acre.  The “Cross Timbers Conservation District” covers most of the west side of the Town and is zoned for 2-acre residential development. A conservation development provides developers an option to develop 1-acre lots in the Cross Timbers Conservation District while conserving 50% of the land in a conservation easement. In land zoned for SF-E, lot sizes can be reduced to 15,000-20,000 sq. ft., depending on how much land is preserved. To create a conservation development, first the owner or developer would look at the site and all its unique features, including wildlife habitat, water features, drainage, topography, tree canopy, “viewsheds,” wildflower & prairie grass areas, cultural elements, agricultural uses, trail connections, etc. Then the developer would draw up a site plan placing roads and houses to protect those resources and minimizing the overall impact of the development on the site itself and on the greater community. ROLE OF HOA/ Land Trust All or a portion of the land which is set aside in a conservation easement is owned by the Homeowners Association.  The home owners and the general public are prohibited from breaking the restrictions on the open space areas as set out in the conservation easement document. The easement holder enforces the restrictions on the conserved land. In the case of the Sanctuary development, the Town has reserved the right of third-party enforcement of the easement. ROLE OF CCRs (Covenants, Conditions, and Restrictions) The CCRs reference and are subject to an attached conservation easement document. Maintenance and use of common areas are subject to the easement document, and any violation on the part of the HOA or homeowner would permit the conservation easement holder to exercise its right and remedies as set forth in the conservation easement document.The lot size allowed within Conservation Developments is less than would normally be allowed in these zoning districts, but no increase in density is allowed. - Areas master-planned For SF-E (Single Family Estate – 1 unit per acre), 3 options are available. Where a minimum of 50% of the gross land area is preserved as open space, the minimum lot area per dwelling is 15,000 sq. ft. Where 45% of the gross land area is preserved as open space, the minimum lot area per dwelling is 15,000 sq. ft., with an average of 20,000 sq. ft. Where 40% of the gross land area is preserved as open space, the minimum lot area per dwelling is 20,000 sq. ft. - For areas master-planned in the Cross Timbers Conservation District (1 unit per 2 acres), a minimum of 50% of the gross land area is preserved as open space, and the minimum lot area per dwelling is 1 acre.  The “Cross Timbers Conservation District” covers most of the west side of the Town and is zoned for 2-acre residential development. A conservation development provides developers an option to develop 1-acre lots in the Cross Timbers Conservation District while conserving 50% of the land in a conservation easement. In land zoned for SF-E, lot sizes can be reduced to 15,000-20,000 sq. ft., depending on how much land is preserved. To create a conservation development, first the owner or developer would look at the site and all its unique features, including wildlife habitat, water features, drainage, topography, tree canopy, “viewsheds,” wildflower & prairie grass areas, cultural elements, agricultural uses, trail connections, etc. Then the developer would draw up a site plan placing roads and houses to protect those resources and minimizing the overall impact of the development on the site itself and on the greater community. ROLE OF HOA/ Land Trust All or a portion of the land which is set aside in a conservation easement is owned by the Homeowners Association.  The home owners and the general public are prohibited from breaking the restrictions on the open space areas as set out in the conservation easement document. The easement holder enforces the restrictions on the conserved land. In the case of the Sanctuary development, the Town has reserved the right of third-party enforcement of the easement. ROLE OF CCRs (Covenants, Conditions, and Restrictions) The CCRs reference and are subject to an attached conservation easement document. Maintenance and use of common areas are subject to the easement document, and any violation on the part of the HOA or homeowner would permit the conservation easement holder to exercise its right and remedies as set forth in the conservation easement document.

8. Conservation Development Incentives Commensurate with the quality and character of the open space placed in the conservation easement Considered on project-by-project basis An incentive package for a conservation development is drawn up after the easement has been reviewed and approved by a number of experts (wildlife biologists, urban foresters, ecologists, etc.) and Town staff, all of whom consider the value of the easement in terms of preservation of environmental resources and community character features. Public input regarding the incentives package is considered during public hearings. The incentives package is presented to the Open Space Board at a Board meeting, where the public has an opportunity to comment and voice support or opposition. The Open Space Board recommends approval or denial of the incentives to the Town Council. That recommendation is then considered by Town Council after a second public hearing at a Town Council meeting. An incentive package for a conservation development is drawn up after the easement has been reviewed and approved by a number of experts (wildlife biologists, urban foresters, ecologists, etc.) and Town staff, all of whom consider the value of the easement in terms of preservation of environmental resources and community character features. Public input regarding the incentives package is considered during public hearings. The incentives package is presented to the Open Space Board at a Board meeting, where the public has an opportunity to comment and voice support or opposition. The Open Space Board recommends approval or denial of the incentives to the Town Council. That recommendation is then considered by Town Council after a second public hearing at a Town Council meeting.

9. Conservation Development Incentives May include, but are not limited to Expedited development review Adoption of rural development standards (relaxed standards for road construction, sidewalks, street lighting, and drainage) Relief from agricultural rollback taxes Up to 50% reduction in park land dedication requirements Permit fee waivers Allowing income-generating agricultural uses on land protected through conservation easements Information is from the Town’s Land Development Code and the Open Space Plan (within the Town’s Master Plan - 2001) Rollback Taxes: Land assessed as “agricultural” is taxed at a lower rate than are many other land uses. When land is converted from “agricultural” to another use, landowners must pay a penalty, “rollback taxes,” which is calculated based on the sum of tax benefits received for a number of years before the land was converted. The Town may choose to relieve the landowner of the Town’s portion of the rollback-tax penalty if land is converted from agriculture to a conservation development. Information is from the Town’s Land Development Code and the Open Space Plan (within the Town’s Master Plan - 2001) Rollback Taxes: Land assessed as “agricultural” is taxed at a lower rate than are many other land uses. When land is converted from “agricultural” to another use, landowners must pay a penalty, “rollback taxes,” which is calculated based on the sum of tax benefits received for a number of years before the land was converted. The Town may choose to relieve the landowner of the Town’s portion of the rollback-tax penalty if land is converted from agriculture to a conservation development.

10. Chimney RockFlower Mound’s First Conservation Development 104.14-acre site with 52.2 acres preserved as a conservation easement Scenic resources protected Native grass and wildflower area Trail corridor Restored water feature/stock tank One of the purposes of Chimney Rock’s easement is to protect the property’s scenic values. The Town of Flower Mound encourages protection of scenic views on FM1171 in the Cross Timbers Development District Area Plan 4 of the Flower Mound Master Plan - 2001. Chimney Rock’s conservation easement contains and supports sustainable habitat for a biologically diverse collection of animals and plants, including wetland areas that provide habitat for aquatic wildlife. Public access within Chimney Rock’s conservation easement is restricted to a future east-west equestrian trail corridor. Each project’s conservation easement document dictates whether public access to the conserved areas is allowed, restricted, or prohibited. One of the purposes of Chimney Rock’s easement is to protect the property’s scenic values. The Town of Flower Mound encourages protection of scenic views on FM1171 in the Cross Timbers Development District Area Plan 4 of the Flower Mound Master Plan - 2001. Chimney Rock’s conservation easement contains and supports sustainable habitat for a biologically diverse collection of animals and plants, including wetland areas that provide habitat for aquatic wildlife. Public access within Chimney Rock’s conservation easement is restricted to a future east-west equestrian trail corridor. Each project’s conservation easement document dictates whether public access to the conserved areas is allowed, restricted, or prohibited.

11. The Sanctuary 98.7-acre site with 45.007 acres reserved as a conservation easement Outdoor Education Area with restricted access Public trail corridor Both Chimney Rock’s and The Sanctuary’s conservation easements are managed by the Connemara Conservancy Foundation The Outdoor Education Area is designated for use by the Lewisville Independent School District and groups led by the Town Parks and Recreation Department. A trail generally running north and south on the eastern edge of the property is planned. The trail will connect with the existing trail system through the grounds of two LISD schools (Old Settlers Elementary, McKamy Middle School) located on the northern property line. Open space area exceeds the 45% minimum requirement for SF-E (Single Family Estate) Conservation Developments with minimum lot area per dwelling of 15,000 square feet and an average lot area of 20,000 square feet. The Town reserved the right of third-party enforcement of the easement on the property. The Outdoor Education Area is designated for use by the Lewisville Independent School District and groups led by the Town Parks and Recreation Department. A trail generally running north and south on the eastern edge of the property is planned. The trail will connect with the existing trail system through the grounds of two LISD schools (Old Settlers Elementary, McKamy Middle School) located on the northern property line. Open space area exceeds the 45% minimum requirement for SF-E (Single Family Estate) Conservation Developments with minimum lot area per dwelling of 15,000 square feet and an average lot area of 20,000 square feet. The Town reserved the right of third-party enforcement of the easement on the property.

12. More of Flower Mound’s Open Spaces Tree farm and outdoor learning area Trail system Landowners voluntarily preserving their land Tree Farm and Outdoor Learning Area 16 acres behind Forest Vista Elementary School Prairie restoration, wildflower area, stream habitat, environmental education area Tree nursery, to grow native and adaptive species for out-planting on public lands Trail System More than 30 miles of Town trails Recreational and natural corridors in Flower Mound Tree Farm and Outdoor Learning Area 16 acres behind Forest Vista Elementary School Prairie restoration, wildflower area, stream habitat, environmental education area Tree nursery, to grow native and adaptive species for out-planting on public lands Trail System More than 30 miles of Town trails Recreational and natural corridors in Flower Mound

13. Educational Opportunities Assistance to landowners interested in voluntary conservation options Conservation Development and SMART Growth Symposium Presentations to community groups, school groups, and Scout groups Assistance in developing environmental curricula Website -- www.flower-mound.com/openspace 3 educational duties in the Code of Ordinances: “Inform and engage the citizens and landowners of the Town in a continuing public dialogue relative to the importance of open spaces and the techniques and options that exist to protect and preserve open spaces.” The Open Space Board is currently conducting outreach to various community groups such as the Chamber of Commerce, Rotary Club, and others. The Town’s annual Open Space Symposium provides another excellent forum for dialogue. “Establish a technical resource team to provide a variety of open space technical resources to landowners.” Several members of the Open Space Board have volunteered to serve on this team and informational materials are being researched for presentation to landowners. “Formulate an open space public education program relative to the importance of open space and the future character and economic health of Flower Mound, and provide educational resources to landowners that identify techniques and options that exist to protect and preserve open space.” (Town Code of Ordinances, Ch. 2, Article III, Division 5) This program includes action items mentioned above, plus a brochure, and appearances by Open Space Board members at functions such as the Town’s Environmental Fair and Arbor Day, SmartScape workshops, and other functions. 3 educational duties in the Code of Ordinances: “Inform and engage the citizens and landowners of the Town in a continuing public dialogue relative to the importance of open spaces and the techniques and options that exist to protect and preserve open spaces.” The Open Space Board is currently conducting outreach to various community groups such as the Chamber of Commerce, Rotary Club, and others. The Town’s annual Open Space Symposium provides another excellent forum for dialogue. “Establish a technical resource team to provide a variety of open space technical resources to landowners.” Several members of the Open Space Board have volunteered to serve on this team and informational materials are being researched for presentation to landowners. “Formulate an open space public education program relative to the importance of open space and the future character and economic health of Flower Mound, and provide educational resources to landowners that identify techniques and options that exist to protect and preserve open space.” (Town Code of Ordinances, Ch. 2, Article III, Division 5) This program includes action items mentioned above, plus a brochure, and appearances by Open Space Board members at functions such as the Town’s Environmental Fair and Arbor Day, SmartScape workshops, and other functions.

14. 2004 Conservation Development and SMARTGrowth Symposium November 5-6, 2004 Circle R Ranch 2004 Symposium will be held on Friday and Saturday, November 5-6, at the Circle R Ranch. Topics to be covered: Open Space Design and Economic Development Enhancing Open Space in Neighborhoods Conservation Options Green Building Urban Ecosystems and Habitat North Texas Natural History 2004 Symposium will be held on Friday and Saturday, November 5-6, at the Circle R Ranch. Topics to be covered: Open Space Design and Economic Development Enhancing Open Space in Neighborhoods Conservation Options Green Building Urban Ecosystems and Habitat North Texas Natural History

15. Making Connections The Town encourages and enables the private, voluntary conservation of open space, and the Open Space Board is available to assist landowners and developers in any way that we can! For more information, please contact Becca Madsen at 972/874-6354 or email at rebecca.madsen@flower-mound.com The Open Space Board meets the first Tuesday of every month, or as needed, at 6:30pm at Town Hall. The public is welcome and encouraged to attend. Agendas for meetings are posted online (http://www.flower-mound.com/agenda/agenda.php) and just inside the doors of Town Hall. Agendas are posted 72 hours prior to meetings.The Open Space Board meets the first Tuesday of every month, or as needed, at 6:30pm at Town Hall. The public is welcome and encouraged to attend. Agendas for meetings are posted online (http://www.flower-mound.com/agenda/agenda.php) and just inside the doors of Town Hall. Agendas are posted 72 hours prior to meetings.

16. Thank You! Town of Flower Mound Open Space Board