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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/29/2004 city Of Texas AGENDA PLANNING AND ZONING COMMISSION Executive Conference Room 3rd Floor of City Hall - 100 Main Street Monday, November 29,2004 WORKSESSION 6:30 P.M. There will be a work session for the Planning and Zoning Commission The purpose of the work session is for the Planning and Zoning Commission to review and discuss the following: 1. Master Thoroughfare Amendment 2. Future Zoning Ordinance Amendments 3. Agenda Organization 4. Tree Preservation Regulations 5. Servant's Quarters Regulations 6. Open Space and PUD Regulations Posted: Tuesday, November 23, 2004, 4:30 p.rn. by Amy Shelley, Planning and Zoning Assistant cc8n~ Texas PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: November 29, 2004 Thoroughfare Plan Amendment You will recall that one of the recommendations contained in the recently approved 2004 Master Plan involved an amendment to the Thoroughfare Plan to change the general alignment of a future north-south collector street that parallels Precinct Line Road between McDonwell School Road and L. D. Lockett Road. With the reduction in the width of the future commercial area along Precinct Line Road, the relocation of the north-south collector street will provide an excellent circulation route in support of the Precinct Line commercial area and also serve as a physical separator between the future commercial and residential areas. Recently, there have been rezoning applications reviewed by the Planning and Zoning Commission which could have been impacted by one of the two proposed routes identified for this future collector street. Staff recommends that the Planning and Zoning Commission discuss a strategy at the workshop for amending the thoroughfare plan to either select the revised route as the preferred location or retain the existing proposed alignment. This decision should be made in the very near future in order to provide guidance in the decision making process for future rezoning and platting requests. The exhibit shown below on the left side of the page indicates the general location of the proposed collector street as shown on the 1998 Master Thoroughfare Plan. The exhibit shown on the right side of the page indicates the general location of the new route for the future collector street. It will be necessary for the Planning and Zoning Commission to recommend an amendment to the Thoroughfare Plan to the City Council for their consideration. .~: ,.::, . ~ '.' ,~~~~::::~: .. : < :': : ~:; ~~ J \.,,_~L_j ~T;::~~f~~ : ~:'.::;. ..i I...........J.. ..,_ i q ffI. .1._.......__-' ~.+i+r~,;I.lJ" ..tu.....~.ft. '1'-;1"""'1. ' , , i ~ , , " -, ';': ..~..-..--- rini1t: ....... ....r.......,. 2/2 ; I l ~ ;... '. , : ~ t ~ : ~ : : : : ; ~ l' ;...... ;!~] n!~:~s I .. :~:::::;;:;5~ 0 _1 D :;;:::;:: '1:'1- . :.... .. ::::. f'o. .". :.,'D 1 , : :: ::;:: ~.......... __:..'C':""t".... ..__.. , ""'1 " ::. .:~;;,,,:...,,,,:~ s> <1 /-.,.-..l..... . p' . ..",. r---)'f Future 4-1anes . ~ , ~ I ~ ! ~ .. ~ Appro.. 50011. I L. D. Lockett Road 2-1anes Figure 7-2 .~ l'exa5 PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: November 29, 2004 Future Zoning Ordinance Amendments During the development of the 2004 Master Plan, several areas within the community were identified as having a zoning designation that conflicted with the actual development that existed on the ground. For example, Fox Meadow Addition is zoned for Duplex development, but all of the homes in the subdivision are single-family detached dwellings. Bridlewood Addition, Lakewood Estates Addition and parts of Saddlebrook Addition have similar conflicts between the designated zoning classification and the actual development. At the November 29, 2004 workshop, staff will discuss a strategy with the Commission to begin correcting these potential zoning problem areas. Related to this effort to clean-up the official zoning map, there is a need to review several sections of the zoning regulations contained in Chapter Three of the Land Development Code. Staff will discuss a strategy for reviewing the zoning regulations with the Commission. This is probably a long range project that will require several months to accomplish. However, with the completion of the 2004 Master Plan, a review of the zoning regulations is certainly in order. Staff Comments, Reports and Discussion Items cc.~ Texas PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: November 29, 2004 Agenda Organization In the past, agenda items have been typically placed on the Planning and Zoning Commission meeting agenda according to the filing dates of the applicant's submittal. Under this arrangement, subdivision plat cases, which require no statutory public hearing, become mingled with zoning cases that do require state mandated public hearing. This often causes confusion to those citizens in the audience who may not understand why the public is invited to speak on one item, but not the next. At the workshop on November 29, 2004, staff will propose a revised agenda format which will place all items not requiring public hearing as the first action items, such as subdivision plats. Those items that require public hearing will be placed second on the agenda. These items would include rezoning requests, special use permit applications, or certain replats that are required to have an open public hearing. Arranging the agenda in this order will quickly identify which items are public hearing cases and which are not. In the future, staff will place speaker sign-up sheets at the back of the room so citizens can be informed on which items the public will be invited to speak. These sign-up sheets will help to identify the names and addresses of those speaking by providing the proper spelling of their names. This is similar to the procedure being used by the City Council. Staff Comments, Reports and Discussion Items .@ Texas PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: November 29, 2004 Tree Preservation Regulations The tree preservation regulations are contained in Chapter 5 of the Land Development Code. The general purpose of the regulations is to encourage site planning that furthers the preservation of trees and natural areas, protects trees during construction, and controls the removal of trees when necessary. All properties in the city limits are subject to these requirements. The regulations were adopted in June 1993, and have remained unchanged since that time. Since the regulations are 12 years old, it may be appropriate to review the regulations for possible modifications and clarifications. Attached is a copy of Chapter 5 from the Land Development Code. This item will provide an opportunity to discuss the regulations and recommend any future action. Staff Comments, Reports and Discussion Items Land Development Code City of Collewille. Texas Chapter 5 Tree Preservation Section 5.1 Purpose of This Chapter The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent of this Chapter to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of CoJ/eyviJ/e, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Section 5.5 Tree Removal Permit No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter. Section 5.6 Applicability The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows: A. Properties which are regulated by this Chapter: Chapter 5 - Tree Preservation Page 5 - 1 Land Development Code City of Colle wille, Texas 1, Any real property upon which any designated tree is located. 2. Any property for which a final plat has not been submitted on the date of this Chapter. 3. Any property for which construction plans have not been submitted on the effective date of this Chapter, 4. All municipal/public domain property. B. The following persons are exempt from the provisions of this Chapter only to the extent of their control over the particular class of properties and trees described below. Persons exempt from the provisions shall not be required to obtain tree removal permits in the circumstances described. 1. An employee of a public utility or an authorized contractor working in a dedicated public right-of way may in the course of business, remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. 2. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. 3. A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the Administrative Official. 4. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. 5, Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. C, The following persons shall be exempt from the tree replacement provisions of this Chapter. However, such persons shall provide tree protection and replacements as per this Chapter for all remaining trees in nonexempt areas. 1. A person performing work authorized by a building permit in the residential buildable area, 2. A person performing work authorized by an approved site plan in the commercial building footprint. 3. A person performing work authorized by the approved grading and drainage plan in the residential setback envelope. 4. An employee of a public utility or a person performing work authorized by an approved subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage or utility easement. Section 5.7 Approval Process and Administrative Procedures The Administrative Official is responsible for the review and approval or disapproval of all requests for tree removal permits. The request shall be submitted in accordance with the requirements specified herein. A. Residential Subdivisions: The Administrative Official shall determine from a review of subdivision tree surveys, grading and drainage plans the following: 1. The trees outside of the exempted areas of the right-of-way, easement and residential setback envelope which are slated for removal. Chapter 5 - Tree Preservation Page 5 - 2 Land Develooment Code City of Colle wille. Texas 2. The extent of tree replacement in accordance with these regulations. The Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with all City subdivision standards would result in substantially greater tree preservation. In the event such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new Preliminary Plat application. if, however, the applicant does not substitute said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's application. Approval of the construction drawings by the Director of Public Services shall constitute approval of a tree removal_permit for the street and utility construction phase of the subdivision. B. Platted Residential Lots: The Administrative Official shall review building permits for platted lots and determine the following: 1. The trees outside of the exempted buildable area which are slated for removal. 2. The extent of tree replacement in accordance with these regulations. No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of the tree preservation regulations. C. Platted Commercial Lots: The Administrative Official shall review building permits for commercial lots and determine the following: 1. The trees outside of the exempted commercial building footprint which are slated for removal. 2. The extent of tree replacement in accordance with these regulations. If the tree removal permit application is made in conjunction with a site plan submitted for approval, the application will be considered as part of the site plan and no permit shall be issued without site plan approval. D. Appeals: Any decision made by the Administrative Official with regard to a request for a tree removal permit may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission shall be final. E. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plan and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void ninety (90) days after the issue date on the permit. Section 5.8 Submittal Requirements The Administrative Official shall establish administrative procedures necessary to facilitate the implementation and enforcement of this Chapter. These procedures shall include the following: A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to the removal of any tree. B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville in the amount established by the schedule of fees approved by the City Council. C. An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. Chapter 5 - Tree Preservation Page 5 - 3 Land Development Code City of CoJ/ewille. Texas D. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the Administrative Official. E. The items required on a submitted exhibit: 1. Title Block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit. 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and referenced to property lines, 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Location of trunks and canopies of all existing trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. 5. Proposed general areas or locations of the replacement trees. F. Tree information required shall be summarized in legend form on the plan and shall include: 1. The list of trees to be removed. 2. The total diameter of trees to be removed. 3. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Section 5.13 for replacement tree list.) G. Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor. (See Section 5.14) Section 5.9 Tree Replacement Requirements In the event that it is necessary to remove a tree which is three inches (3") or greater via permit approval, the applicant, as a condition to issuance of a tree removal permit, shall be required to replace the trees being removed with quality trees as defined herein. This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated. A. A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches or fraction thereof of trees three inches (3") or greater and slated for removal. B. Replacement trees shall be a minimum of three inches (3") diameter when measured one foot (1') above the soil line and a minimum of eight feet (8') in height when planted. Examples- 1. A total of 18" diameter to be removed shall be replaced with 6 - 3" diameter trees. 2. A total of 19" diameter to be removed shall be replaced with 7 - 3" trees or 5 - 3", trees and 1-4" tree. C. All replacement trees shall be guaranteed for one year from the date of the final inspection and acceptance of the project. Chapter 5 - Tree Preservation Page 5 - 4 Land Development Code City of Col/ewille. Texas Section 5.10 Tree Protection A major purpose of this Chapter is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the Administrative Official. A. Prohibited Activities: The following activities shall be prohibited with the limits of the drip line of any tree which is subject to the requirements of this Chapter. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the drip line of any tree. 2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the dripline of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the dripline of trees. B. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4') or more such that the tape is visible to workers on foot or driving equipment. 2. Protective Fencing: All trees shall have protective fencing located at the tree's drip line. The protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain link fence or other similar fencing with a four-foot (4') approximate height. The protective fencing may be located within the drip line of the specimen tree for approved construction only. The fencing shall follow the delineation of the approved construction. 3. Bark Protection: in situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 4. Construction Pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the Administrative Official's prior approval. C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone. The following is the minimum design criteria which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required. 1. Grade Changes: In the event that grade changes must be made around a tree or group of trees, the following should shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. Chapter 5 - Tree Preservation Page 5 - 5 Land Develooment Code City of Colle wille. Texas a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree. b. No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half (1/2) of the radius of the critical root zone radius distance. c. Increase Grade: Provide an aeration system just outside the tree's drip line. A dry well located a minimum of one-half (1/2) of the radius of the critical root zone. d. Decrease Grade: Provide retaining walls outside the dripline to mitigate cuts. 2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48"). 3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of any tree. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (1/2) of the critical root zone radius distance. Section 5.11 Tree Planting Regulations A Easements and rights-of-way: The location of replacement trees is restricted from utility easements and rights-of-way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10') of a fire hydrant. B. Off-site Planting of Replacement Trees: Replacement trees should be planted on the site or easement from which existing trees are to be removed. if this is not feasible, an applicant may initiate a proposal to plant trees off-site. This may be approved if the planting site is in reasonable proximity to the project area. C. Replacement trees shall be planted prior to the issuance of the certificate of Occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacement tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover administrative cost. Section 5.12 Violations Any person violating or failing to comply with any provision or requirement of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount provided in this chapter. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. A A monetary penalty of $100.00 per diameter inch of the tree(s) removed or damaged shall be assessed and paid to the City of Colleyville; and B. The tree which is removed or damaged shall be replaced with new trees having a total tree diameter width equal to the specimen tree removed or damaged. Section 5.13 Replacement Tree List The following is the list of appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County. Chapter 5 - Tree Preservation Page 5 - 6 Land Development Code City of Collewil/e, Texas Replacement Tree List Common Name Botanical Name Pecan Carva illinoensis Cedar Elm Ulmus crassifolia Lacehark Elm Ulmus parvifolia Red Oak Quercus shumardii Live Oak Quercus virQiniana Bur Oak Quercus macrocarpa Post Oak Quercus stellata Black Jack Oak Quercus marilandica Chinquapin Oak Quercus mulenberQii Chinese Pastiche Pistacia chinensis SweetQum LiQuidambar stvraciflua Austrian Pine Pinus niqra Southern magnolia maanolia grandiflora Bald Cypress Taxodium distichum Red Bud Cercis canadensis Section 5.14 Construction Plan Requirements The following notes shall be required as a part of all construction plans. 1. All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or dripline. The fence will be maintained throughout the construction project in order to prevent the following. A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. B. Critical root zone disturbances due to grade changes greater than two inches (2") cut or fill or boring which was not authorized by the City. C. Wounds to the trunk, limbs or exposed roots by mechanical equipment. D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires. 3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4'), the trunk must be protected with strapped-on planking to a height of eight feet (8') or to the limits of the lower branching. 4. All grading within critical root zones of specimen trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two feet (2') behind the grade change area. 5. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible. 7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Chapter 5 - Tree Preservation Page 5 - 7 Land Development Code City of Col/evville. Texas Section 5.15 Amendments Reserved for listing of amendments to this Chapter. Ord. Number Date Subject Chapter 5 - Tree Preservation Page 5 - 8 cce@ TexaS PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: November 29,2004 Servant's Quarters Regulations The Land Development Code allows servants and caretakers quarters in the AG and RE zoning districts as a matter of right. In the R40, R30 and R20 zoning districts, approval of a Special Use Permit is required for this use. Servants quarters are defined by the Code as "an accessory dwelling not rented or otherwise used as a separate domicile in a residential district for the sole use and occupancy of a member of the immediate family or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, chauffeur, cook or gardener." Though there are no specific regulations listed for this use in the R40, R30 and R20 zoning districts, the AG and RE districts restrict the size of the living area for the servants quarters to 600 square feet. The servants quarters may be located within the house, above a garage, or part of a detached accessory building. This item will provide an opportunity to discuss the regulations and recommend any future action. Staff Comments, Reports and Discussion Items .~ Texas PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: November 29, 2004 Open Space and PUD Regulations During several of the past Planning and Zoning Commission meetings, there has been considerable discussion about the PUD regulations and the open space requirements. Discussion has focused on lot sizes, the arrangement of open space, the use of open space, and the amount of open space occupied by detention ponds or water features. The Colleyville Plan, recently adopted by the City Council, contains several goals and objectives related to open space and PUD regulations. These goals and objectives include: · Promote greenbelts and buffer areas in front of subdivisions adjacent to major thoroughfares · Plan for all neighborhoods to have access to sidewalks and hike and bike trails · Limit the amount of open space that can be utilized for detention ponds to 50% of the open space area in a residential planned unit development · Require amenities in residential planned unit development open space areas such as benches, sidewalks, play areas to enhance the quality of the open space · Ensure that open space areas function as quality areas for the neighborhood · Establish a minimum size for open space · Require tree planting or enhanced landscaping for PUD buffer areas along streets The current PUD regulations were adopted in 1977 as part of the overall zoning regulations, and have changed little since that time. The regulations are quite lengthy, and contain many confusing and unnecessary sections. Development patterns in Colleyville have changed significantly since 1977, and the current regulations may not be achieving the type of development desired by the Planning and Zoning Commission and City Council. Staff believes the regulations could be revised to achieve the goals stated in The Colleyville Plan, and written in less confusing, more specific language. A copy of the existing regulations is attached. Staff is also preparing a summary report of private open space areas in existing developments in Colleyville. While this item will not be finished for the workshop, it will be forwarded to the Commission when completed. Staff Comments, Reports and Discussion Items Land Development Code City of Collevville. Texas Section 3.23 PUD - R; C; I (Planned Unit Development Districts) 3.23.A PUD-R~ PUD-C~ AND PUD-I PLANNED UNIT DEVELOPMENT DISTRICTS (R-RESIDENTIAL~ C- COMMERCIAL~ AND I-INDUSTRIAL The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the PUD-R; C; or I; Planned Unit Development Districts. 3.23.B PURPOSE AND INTENT The purpose and intent of this district is to accommodate planned associations of land uses developed as integral land use units such as: industrial parks; office parks; commercial or service centers; shopping centers; residential development of multiple or mixed housing types (Le., conventional single family detached dwellings, duplexes, multifamily apartments, attached townhouses, condominium multifamily dwellings, cluster homes, "0 - lot line" homes, and patio and atrium homes); and other appropriate and compatible combinations of land uses which may be planned, developed and operated as integral land use units, either by a single owner or combination of owners. This district is designed to encourage the most appropriate uses of land, permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features. Development controls aimed at assuring the character, compatibility of mixed land uses, and harmonious and timely development of the project are maintained through the establishment of standards specified for various land uses, yards, site coverage by buildings, etc., which are determined by actual design and incorporated into the amending ordinance of the zoning regulations. Likewise, site plans, development schedules, draft restrictive deed covenants and draft property owner association covenants when applicable, are required to be submitted. The Official Zoning Map of the City only identifies those Planned Unit Developments (PUD's) that have been previously approved by the City Council. The map does not forecast the location or type of planned unit developments but assumes that every parcel of land within the community has the potential of being appropriately planned under the regulations set forth herein; therefore, relies on the owner to initiate a petition for zoning change. 3.23.C USE REGULATIONS Land, buildings or structures within any "Planned Unit Development District" may be used for any appropriate combination of principal uses, accessory uses, community facility uses, and special uses permitted in any agricultural, residential, commercial or industrial district within the City; however, the City Planning and Zoning Commission and City Council reserve the right to prohibit and exclude certain uses within any planned district when, in their opinion, the inclusion of certain uses would or could cause or create an adverse impact within or to adjacent development, or be an otherwise inappropriate use within the development or detrimental to persons or property both within or adjacent thereto. For the purposes of these regulations planned unit development districts shall be confined to one of the following designated classifications, and shall be designated on the Official Zoning Map in the following manner using the letter abbreviations of such districts: "PUD-R" - (Planned Unit Development - Residential); "PUD-C" - (Planned Unit Development - Commercial); "PUD-I" - (Planned Unit Development - Industrial). 3.23.D PERMITTED USES 1. "PUD-R" Planned Unit Development: Residential (where the majority of land use is designated for residential purposes) Chapter 3 - Land Use Page 3 - 33 Land Development Code City of Collevville. Texas a. Any single purpose or mixed type of residential dwellings, including, but not limited to: detached single family dwellings on conventional subdivision type lots; attached dwellings such as duplexes and townhouses; "cluster housing," patio homes, atrium homes, "0 - lot line" homes (with a maximum of one side wall of the dwelling in common with a side property line), multifamily apartments, flats and condominiums of similar housing types. b. Community Facility Uses, as approved by the City (and when intended to serve the residential development). c. Agricultural Uses, as approved by the City. d. Commercial Uses, when a part of a residential development and as allowed in conformance with the permitted uses and regulations of the "CN - Neighborhood Commercial District;" and limited in total area to not more than (10) acres. Where the number of dwelling units proposed in the "PUD-R" district indicates a need for a greater amount of commercial land acreage than herein allowed, and the applicant desires greater flexibility or more permissive commercial uses than those contained in the "CN" district regulations, the applicant shall substantiate and document the need for such additional acreage and/or uses via a market analysis or other similar method before such additional land acreage or uses are allowed and approved by the City. e. Special Exception Uses, as designated for the various residential and commercial zoning districts in the "ML - Light Manufacturing and Industrial District", may be allowed by the Commission and Council by right, within a "PUD-R" district, without review and approval by the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and locations thereof shall be shown on the site plan and contained in the supporting documents herein required. f. Accessory Uses, customarily incidental and secondary to any allowed principal uses allowed in the respective residential districts or commercial district, with respect to the type of residential or nonresidential uses proposed in the "PUD-R" district. 2. "PUD-C" Planned Unit Development - Commercial (where the majority of land use is designated for commercial purposes) a. Shopping centers, commercial or service centers, office parks, major recreational and entertainment facilities, and other similar business and commercial centers or facilities when such uses are in conformance with the various commercial zoning district regulations of this Chapter. Residential uses similar to those set forth in the "RMF - Multifamily Residential District. " b. Community Facility Uses, as approved and allowed by the City. c. Special Exception Uses, as designated for the various commercial zoning districts in the "ML - Light Manufacturing and Industrial District" may be allowed by right by the Commission and Council within a "PUD-C" district without review and approval by the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and locations thereof shall be shown on the site plan and contained in the supporting documents herein required. d. Accessory Uses, customarily incidental and secondary to any allowed principal uses with respect to the type of uses proposed in the "PUD-C" district. 3. "PUD-I" Planned Unit Development - Industrial (where the majority of land use is designated for industrial purposes) a. Single or multi-purpose industrial parks of innovative land utilization allowing for an appreciable amount of land reserved for open space, generous building setbacks with landscaped front lawns, and joint usage (where feasible) of parking and storage areas. The principal uses which may be permitted therein shall be as allowed and in conformance with Chapter 3 - Land Use Page 3 - 34 Land Development Code City of Collevville. Texas the regulations established for the various commercial and industrial zoning districts elsewhere described in this Chapter. b. Residential Uses, similar to those set forth in the "RMF - Multifamily Residential District." c. Community Facility Uses, as allowed and when a part of an industrial or industrial- commercial development, as approved by the City; except that public and semi-public schools, churches, temples, synagogues and other places of worship are discouraged in this district unless their locations are approved by the City Planning Commission and City Council due to an overriding need for such use in an industrial area. d. Special Exception Uses, as designated for the various industrial zoning districts in the "ML - Light Manufacturing and Industrial District," may be allowed by right by the Commission and Council within a "PUD-I" district without review and approval by the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and locations thereof shall be shown on the site plan and contained in the supporting documents herein required. e. Accessory Uses, customarily incidental and secondary to any allowed principal use, with respect to the type of uses proposed in the "PUD-I" district. 3.23.E PROHIBITED USES Uses not expressly permitted in the various zoning district regulations of this Chapter are expressly prohibited in any "PUD" district unless otherwise authorized and approved by the Planning and Zoning Commission and City Council in conformance with the approving ordinance. 3.23.F OPEN SPACE REQUIREMENTS In Residential Planned Unit Development districts containing residential uses, common open space (whether dedicated to public use or owned and maintained in common by all or part of the occupants of the PUD development through a property owner association) land shall be reserved primarily for the leisure and recreational use of the project's occupants, and readily accessible thereto. The quantity of common open space required shall comprise not less than twenty (20%) percent of the project area. Said open space may be varied downward by the City Planning and Zoning Commission and 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 the project, plus the availability and nature of adjacent public open space. For the purpose of this Chapter, common open space is defined as follows: 1. Common Open Space includes: Land area of the development accessible to and permanently reserved for the common use and enjoyment of the occupants of the project for leisure and recreational purposes, for which said area is not covered by buildings, structures or parking except that recreational facilities and structures and their accessory uses and related parking may be located within said common open space as long as their total impervious surfaces (paving, roofs, etc.) do not constitute more than five (5) percent of the total common open space. 2. Common Open Space does not include: a. Land areas reserved for the exclusive use and benefit of an individual owner or tenant. b. Public or private streets, alleys, driveways, parking or loading areas, except as otherwise allowed in paragraph 1. above. c. Church or school sites. d. Other buildings, structures or facilities than those allowed in paragraph 1. above. e. Utility easements, and drainage easements less than one hundred (100') feet in width. 3.23.G MAXIMUM RESIDENTIAL DENSITY PERMITTED; AND DENSITY INCREASE BONUSES 1. The maximum residential density permitted in any "PUD-R, C and I" district, where residential uses are proposed, shall not exceed the maximum residential density limits as permitted by the Chapter 3 - Land Use Page 3 - 35 Land Development Code City of ColleyVille. Texas existing zoning classification in which the PUD district is proposed; except as follows: Upon the receipt of a zoning petition requesting a higher density within a Planned Unit Development the Planning and Zoning Commission shall study and make a recommendation to the City Council setting forth a density for the project identified as 'gross residential density.' The City Council shall take this recommendation under advisement at its hearing to consider the petition. For the purpose of this regulation, "gross residential density" shall mean the sum total of all residential land use area(s) of the project, including one-half (1/2) of any abutting streets located within the boundary of the project. 2. Density Increase Bonuses. In an effort to increase the quality of a residential planned unit development through the adequate provision of open space, community facilities, recreation areas and other similar amenities and improvements, the Planning and Zoning Commission and City Council may approve residential density increases for the amenities listed below and in the amounts prescribed therefor. a. Open space reservation shall be considered for residential density increases according to the following provisions: i. Each additional one (1) percent (1 acre minimum) of common open space (greater than the requirement set forth in the "Open Space Requirements") up to a maximum of five (5) percent of the total project areas, if improved, permits a maximum increase of gross residential density of six (6) percent of the total number of units allowed on the remaining balance of the land (after the extra open space is deducted to be used for residential purposes). If said additional common open space is unimproved, as defined above, the increase in gross residential density is reduced to one-half (1/2) of six (6) or three (3) percent. ii. Land within a designated 100-year flood plain area, conveyed by easement or dedicated to the City as permanent open space may receive additional density bonuses in the following amounts: a) Add four (4) percent to the percentages listed in paragraph (i) above for improved open space; and three (3) percent for unimproved open space where such land is dedicated to the City. b) Add two (2) percent to the percentages listed in paragraph (i) above for improved open space; and one (1) percent for unimproved open space where such land is conveyed by easement to the City. b. Dedication of public school or park sites may be considered cause for density increase when such sites are of sufficient size and properly located so as to provide a direct benefit to the community. Up to twenty (20) percent increase in density or floor area ratio, within the proposed development may be granted by the Planning and Zoning Commission and City Council where such site dedications conform in general location and size to the City's latest approved Comprehensive City Plan and School District's general requirements. All dedications, whether for school or park purposes, shall be made in favor of the City. c. In no case shall bonus increases exceed fifty (50) percent of the total of all additional bonus percentages added together for any purposes. All increases shall be taken on the same initial "gross residential density." 3.23.H GUARANTEE OF COMMON OPEN SPACE Common open space provided in any "PUD" district shall be guaranteed by a restrictive covenant describing the open space and its uses, maintenance and improvement running with the land for the benefit of the occupants, or public, of the PUD development. The applicant for a PUD may file with said Chapter 3 - Land Use Page 3 - 36 Land Development Code City of Collevville. Texas PUD zoning application a draft copy of the proposed covenants which will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common spaces for the designated purposes, for general review and approval by the Planning and Zoning Commission. At the time a "final plat" of the development is filed with the City for approval, the final legal documents regarding the approved covenants relative to the open space, shall be submitted to the City for approval. In order to guarantee the preservation and maintenance of the common open space, one of the following methods shall be required by the City for City Council approval: 1. It may be conveyed to the City or other public agency which will agree to maintain the common open space and any permitted buildings, structures or other improvements placed thereon. 2. If the common open space is not conveyed to the City or other public agency, the covenants governing the use, improvements, and maintenance of the common open space may authorize the City or other public agency to enforce their provisions. 3. If deeded to a property owners association or trustees thereof, the declaration of covenants and restrictions which is to govern the association shall include, but not be limited to, the following: a. Membership must be mandatory for each building or property buyer and any successive buyer, affected by the common open space. b. The common open space restrictions must be permanent, and not just for a period of years. c. The association shall be totally responsible for liability, insurance, local taxes (if assessed), and the maintenance of the common open space and any improvements thereon. d. Affected property owners shall pay their pro rata share of all costs associated therewith; any assessment levied by the association can become a lien on the property. e. The association must be able to adjust the assessment rate to meet changing needs. 3.23.1 SCREENING AND LANDSCAPE REQUIREMENTS Requirements and standards for screening of certain residential and non-residential uses in any "PUD" district shall be required and in conformance with the provisions for "Fences, Free Standing Walls, and Screening Materials" of this Chapter. Areas within any "PUD" district not used for buildings, roadways, drives, parking areas and other similar features shall be landscaped with grass, shrubs, trees and other appropriate vegetative cover, and such shall be maintained in an aesthetic healthy growing condition. 3.23.J ACCESS AND CIRCULATION 1. Vehicular Access - Principal vehicular access points shall be designed to permit smooth traffic flow with minimum hazards to vehicular or pedestrian traffic. 2. Emergency Access - Lots or tracts in any "PUD" district which do not abut a public street or alley shall be provided with an "emergency access easement" dedicated to the City, of not less than twenty (20) feet in width. Such easement shall be paved with an all weather driving surface, and with such turning radii and turnarounds at the terminal ends so as to permit the free unobstructed movement of emergency or City equipment to gain access and egress to the lot or tract. No obstructions or parking shall be permitted within or allowed to interfere with the full use of such emergency access easement, and said easement shall be permanently marked or signed to identify its intended use. The words "Fire Lane" may be used to designate such easement. 3.23.K MINIMUM LOT SIZE REQUIREMENTS; MINIMUM YARD REQUIREMENTS; MAXIMUM BUILDING HEIGHT; AND MAXIMUM LOT COVERAGE The maximum height, lot width, lot depth, floor-area ratio and lot area, and the minimum off-street parking and loading requirements for uses proposed shall be established for each Planned Development District, and such standards and requirements shall comply with or be more restrictive than the standards established in the following districts for the specified type uses: Chapter 3 - Land Use Page 3 - 37 Land Development Code City of ColleyVille. Texas Maximum Height, Lot Width, Lot Depth, Floor- Area Ratio or Lot Area and Minimum Off- GENERAL USE CATEGORY Street Parking and Loading Standards Shall Be Established by the Following Districts ResideQ.t.i.~.I.......................................................................mj mmm................mmm........................mm..R:.M.E.... Qffic::~mmmmmlm mmm9:P9m .. mm GOIl1Il1~Tc::i<:lI$~ryi~:>m'm . C-C Industrial or Manufacturing , M-L The Planning & Zoning Commission and City Council may alter such requirements when in their opinion the proposed development density and land use arrangements shown on the site plan would result in a more innovative siting of buildings and facilities which would improve the usefulness of yard areas and their relationship to traffic circulation, admittance of light and air to buildings, fire protection and usable open space. The average lot size in PUD-R is 16,000 square feet, with a minimum lot size of 13,000 square feet. Furthermore, the lot frontage may be adjusted to be consistent with adjacent properties on the same street but shall not be less than 100 feet. 3.23.M OFF-STREET PARKING AND LOADING REQUIREMENTS Off -street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions for "Off-Street Parking Requirements," and "Off-Street Loading Requirements." 3.23.N SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED Any application for a change in zoning district boundaries on the "Official Zoning Map" to establish any PUD-R,C, or I district shall be accompanied by a site plan and supporting documents therefore, in conformance with the provisions of Chapter 1 - General Provisions of this Land Development Code. 3.23.0 NATURE OF AMENDING ORDINANCE ApPROVING ANY "PUD" DISTRICT ZONING CHANGE In approving any request for a zoning change for a "PUD" district the City Council shall, upon recommendation of the Planning and Zoning Commission, incorporate in the amending ordinance reference to the approved site plan, supporting documents and other conditions or restrictions imposed on the project by the Commission, including those of the Council. The approval and adoption of the amending ordinance by the City Council shall result in the appropriate change to the "Official Zoning Map." However, the zoning change does not constitute recording of a "Final Plat" nor authorize the issuance of building permits and "certificates of occupancy," until such time as a "Final Plat" and supporting legal and construction documents have been prepared and submitted for City Council approval on all or part of the proposed development, in conformance with the platting requirements and procedures of this Land Development Code. 3.23.P REQUIREMENTS FOR "FINAL PLAT" SUBMISSION FOLLOWING ZONING CHANGE Within a maximum of six (6) consecutive months, following approval of the "PUD" district zoning change by the City Council, the applicant shall file with the City Planning and Zoning Commission a "Final Plat" and necessary supporting documents of all or a part of the PUD district site, in conformance with the Chapter 8 - Plat Review Procedures of this Land Development Code. At its discretion and for good cause, the Planning and Zoning Commission may extend for six (6) months the period of filing for the "Final Plat" upon written request by the applicant. Should the applicant fail to submit a "Final Plat" within the six (6) month period following City Council approval of the zoning change, or by the termination date of the filing extension granted by the Planning and Zoning Commission, the Commission may initiate proceedings under Chapter 1 - General Provisions of this Land Development Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the Official Zoning Map by removing all or part of the Planned Unit Development (PUD) from the Official Zoning Map and placing the area involved in another appropriate zoning district. The City Council may uphold the Commission's recommendation and proceed to advertise and hold a public hearing thereon, or may elect to continue the PUD district zoning classification in effect. Chapter 3 - Land Use Page 3 - 38 land Development Code City of ColleyVille. Texas 3.23.Q COMPLIANCE WITH DEVELOPMENT SCHEDULE An application for a Planned Unit Development District shall be accompanied by a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council, shall become part of the development plan and shall be adhered to by the owner, developer and his successors in interest. The development schedule shall be reviewed annually by the Building Inspector, and he shall report to the Planning and Zoning Commission the actual development accomplished in the various Planned Development Districts as compared with the development schedule. The Planning and Zoning Commission may, if in its opinion the owner or owners of property are failing or have failed to meet the approved schedule, initiate proceedings under Chapter 1 - General Provisions of this Land Development Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the Official Zoning Map or the Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case. 3.23.R EFFECT OF THIS SECTION AND RELATED SUBSECTIONS ON PREVIOUSLY ApPROVED "PUD" ZONING CHANGES Previously approved "PUD" amending ordinances to the City's preceding zoning ordinance, including accompanying site plans and supporting documents thereof, shall remain in full force and effect with respect to this Chapter and shall not be made to comply with the provisions of this Chapter. Section 3.24 Schedule of Permitted Uses The following charts indicate, by symbol, the principal use permitted within each zoning district and the qualification, if any, for each use within each zoning district and the qualification, if any, for each use. 3.24.A SCHEDULE LEGEND Symbol District Classification Symbol District Classification MH Mobile Home Residential .......................................;...... CPO Commercial - Professional Office CN CC1 Village Retail ................................ .................................................................................. ...................................... CC2 Shopping Center ......-......... CC3 j Highway Commercial ; .........................,. Manufacturing ML Light ............ ! R20 , Agricultural TResidentliifEsiiiiem . : Single Family Residential @ i 40 000 s. f. minimum lot size Single Family Residential @ ............................. .....~Q!9.QQ...~.:..Lrn.i.l1..irn.~.rn....lg.!~i:z:~............ ... Single Family Residential @ 20,000 s. f. minimum lot size Ie Family Residential @ . f. minimum lot size ......................................................... Two Family Residential Multifamily Residential Ag RE R40 R30 R15 RD RMF Chapter 3 - Land Use Page 3 - 39