The URL can be used to link to this page

Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-6/13/2005 Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, June 13, 2005 WORK SESSION 6:00 P.M. There will be a work session for the Planning and Zoning Commission in the Executive Conference Room on the 3rd floor of City Hall to review and discuss the following: 1. The Role, Responsibility, and Liability of Board and Commission Members - A Legal Perspective 2. Discussion of Future Amendments to the Land Development Code REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Thomas Dolan, David Dudziak, Thomas Bartkowski, Jeff Byerly, Luann Edwards, John Blassingame and Denis Duffy INVOCATION Commissioner Duffy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 23, 2005 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS Planning and Zoning Commission Agenda -June 13, 2005 Page 10f2 PUBLIC HEARING AGENDA ITEMS 1. Case P-05-019 - PUBLIC HEARING - Final Plat of Lots 3R1 and 3R2, Block 1 of the Maass Estates Addition, being a replat of Lot 3, Block 1 of the Maass Estates Addition 2. Case Z-05-017 - PUBLIC HEARING - Amendment to Chapter 3, Section 3.24 of the Land Development Code regarding Planned Unit Development rear yard set-back regulations TABLED ITEMS STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS Amy Shelley, Planning and Zoning Assistant Posted: Thursday, June 9, 2005, 4:30 p.m. Planning and Zoning Commission Agenda -June 13, 2005 Page 2 of 2 .~ l"exas PLANNING AND ZONING COMMISSION MEETING MINUTES - May 23, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. CITIZE None Present: Commissioners Edwards, John Blassinga, Byerly were present. Dudziak, Luann nis Duffy and Jeff ROLL CALL Absent: Thomas D Robert INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards corrections on page 2 third paragraph nee for clarity. Commissio The motion w Aye: Dudz' Nay: No tes 0 ay 9,2005 meeting with e 1, change "raise" to "raze", page 3, t full paragraph needs to be reworded , MS NOT ON THE AGENDA REGULAR AG 1. Case P-O liminary plat for Braemar Addition on 15.662 acres out of the B.B.B. an ,/ .R. Survey, Abstract 211 and the A.T. Young Survey, Abstract 1756 located at 5000-5201 Fry Lane Chris Fuller presented the case and briefed the Commissioners. Commissioner Edwards questioned staff in regards to Fry Lane being brought up to City standards, will it be brought up to standards? Barry LeBaron replied correct and briefed the Commissioners about the history of Fry Lane, the street was a 30-foot access easement, however the property owner's did not have control over all of the 50 feet of right-of-way. Therefore, they went to City Council and asked for a waiver of the perimeter street improvements. City Council approved the waiver, provided Planning & Zoning Commission Minutes - May 23, 2005 Page 1 of 5 the owner's a.) Put two inches of asphalt down b.) Widen the street to the Fire Department's requirements and c.) Maintain it. During the platting process, City Council had the statement added to the plat regarding Fry Lane being a private street, not a public street. These property owners are going to extend the water utilities and put in a fire hydrant. Commissioner Dudziak stated the waiver for street improvements only covers thru lots 7, not lot 8. Barry LeBaron replied Fry Lane has alread been asphalted all the way down including lot 8. Commissioner Duffy stated having lots of questions fo Steve Stallard, 5100 Fry Lane, the applicant and Lane, the applicant as well, presented their re sand bri about the project and intentions. Commissioner Duffy questioned the appli utility services? Mr. Stallard replied the Jackie Fluitt, GSWW, the engineer, brie services that will be provided to e lots. Commissioner Duffy question Rockrimmon? Mr. Fluitt used going to be established. Comml would be completed? luitt sta Commissioner D southeast cor to the northea fire plugs in? can an . a fir plicants. ge, 5001 & 5004 Fry Commissioners are going to stub out from where the utility lines are Mr. Fluitt when the line eted now. fire plug III be? Mr. Fluitt stated in the ffy stated that from the southeast corner ch. Are there any plans to put any more f constructing a home on that lot, they eet the fire code requirements. 'oned Mr. Fluitt on the submission there will be an 8 in. 'de of lot 7 and a 15-foot easement, however, there is t, are we assuming the other 7 ~ feet belongs to he no end? Mr. Fluitt replied being under the impression d to 15 foot on lot 7. Commiss stioned staff about the road, in the future when this is built out, the city onsible for putting in a road. What is the guarantee that Fry Lane will not city's responsibility for updating? Barry LeBaron replied an amended plat wotlld have to be filed to take the language off the plat for the city to accept the responsibility to take over the street and a developer's agreement would have to be filed between the property owners. Barry LeBaron stated these property owner's have brought the road up to speed by what the City Council approved in the resolution. Commissioner Duffy stated being concerned with the future of the street being the tax payer's responsibility. Commissioner Edwards stated the city does not have to accept the street regardless of the condition of the road. Planning & Zoning Commission Minutes - May 23, 2005 Page 2 of 5 Commissioner Duffy stated having concerns with the utility and drainage layout being submitted to the city. Mr. Fluitt stated those plans have been submitted to the city and they have been reviewed. Commissioner Duffy questioned staff about the language being different, the front set back, has it been moved back to 20 feet from the right-of- way line, and is that a 40 foot set back? Barry LeBaron replied that refers to the city wanting the developer to dedicate an additional 20 feet beyond the 30 foot that is art of the easement in order to have a full 50 foot of right-of-way for that location. Commissioner Duffy stated having concerns with the wide pavement, and Fry Lane to be maintained owner's or property owner's association. Commi covenant to hold harmless the city for all acci that road, or is that statement just a word 0 nothing is being draffted right now, but it . the property owner's, plan on having an Commissioner Duffy questioned the appli restrictions, would those conditi s work prio Mr. Stallard replied absolutel. . Alldredge held the property owner's respo e road. the road being a great improveme the Commissioner Duffy . red wit however, he state yers s the maintainin e futur ed resolution, a 24-foot ense of the property uestioned is there a d maintenance of Stallard replied works. We, plat is approved with those building permits being issued? d the financial institution has . . Alldredge went on to state t was placed. .road being an improvement; be burdened by the cost for ve case P-05-013 with the conditions a) s agreement waiving city responsibility ~of-way, b) the property owner's establish n, c) the HO must maintain and improve Fry Lane prior way as a public street and d) the easement along the d be increased to 15-feet. Commissioner Edwards , by the following vote: Blassingame, Duffy and Byerly 2. Case P-OS';' 1- Preliminary plat for Alianne Estates Addition on 14 acres out of the T. White Survey, Abstract 1692 located at 512 and 600 Shelton Drive Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff about the perimeter street cost for improving Shelton Drive; does that include easement and escrow for a sidewalk at some time in the future? Barry LeBaron replied correct. Commissioner Duffy questioned staff for clarity, that if this plat is approved, with the understanding that they pay all perimeter costs, the sidewalk will be included at some time in the future? Barry Planning & Zoning Commission Minutes - May 23, 2005 Page 3 of 5 LeBaron replied correct. Commissioner Dudziak questioned staff if the escrow funds go back into the general fund after a certain period of time? Barry LeBaron replied the funds stay as part of the perimeter street funds. Commissioner Dudziak questioned staff if the funds could be pulled back into the general fund? Barry LeBaron stated not knowing if there is a time limit. Commissioner Edwards stated there being a time limit of about 10 years. Commissioner Dudziak stated thinking there was som Commissioner Duffy if he is comfortable with waiting 1 Commissioner Duffy replied being comfortable wit Jeff Vanderpool, 605 Shelton Drive, the applic 's ated not have to build the sidewalk at this time. ques ioned Mr. Vanderpool which way the homes on r. Vanderpool stated those homes will face Shelton Drive. estioned staff with regards to escrowing the perimeter street echanics do we have to put in the motion to cover the improvements. LeBaron replied the only motion would be to include approving this development with the required perimeter street improvements for all the public improvements, that way it will be clear that you are not approving the waiver of the sidewalk. Commissioner Duffy made motion to approve case P-05-021, subject to the condition that the developer dedicates sidewalk easement and escrow estimating cost of 5-foot sidewalk along Shelton with the perimeter improvements. Commissioner Dudziak seconded. The motion was approved by the following vote: limit and questioned ? j,;t.ing to be forced to ;~~~i~~:~ Commissioner Dudziak questioned Mr. Association (HOA). Mr. Vanderpool sta community. Commissioner Dudziak questi added to the final plat? Mr. Van erpool replie Commissioner Dudziak questl . Vande design standard covenants mea . er? to tell people what they can or c this neighborhood to in with t Commissioner D. restricting cov get involved Commissioner D are . e Va for clarity what the minimal derpool stated not wanting of their home; we want that any design covenants, he puts in, eded c ts, not what the city will restrict. Mr. what the city requires, only having concerns with the e. Commissioner Duffy stated the sidewalk is just part Planning & Zoning Commission Minutes - May 23, 2005 Page 4 of 5 Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None Barry LeBaron stated not having the applicant put in a sidewalk before the engineering is done for a bar ditch street. It is better to defer the building of the sidewalk until it is better for the improvements of the street. Respectfully Submitted, in the future where all STAFF REPORTS Barry LeBaron stated the workshop will be scheduled for Commissioners will be able to attend. COMMISSIONER COMMENTS ADJOURNMENT The Commission adjourned the meeting at Amy Shelley Planning and Zonin Approved on: ----- Planning & Zoning Commission Minutes - May 23, 2005 Page 5 of 5 city Of cce~ PLANNING & ZONING COMMISSION AGENDA BRIEFING TexaS Meeting Date: June 13,2005 I Prepared by: I Chris Fuller Development Coordinator P-05-019 - Public Hearing - Final Plat of Lots 3R1 and 3R2, Subject: Block 1 of the Maass Estates Addition, being a replat of Lot 3, Block 1 of the Maass Estates Addition STAFF REVIEW COMMENTS Barry Mitcham has submitted a replat for 2.5-acres located on the west side of Bill Simmons Road and on the south side of Glade Road. The plat will subdivide Lot 3, Block 1 of the Maass Estates Addition into two lots. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. Zoning. The proposed plat area is located within the R30 Single Family Residential zoning district. The R30 zoning designation requires a minimum lot size of 30,000 square feet, a minimum lot depth of 125 feet and a minimum lot width of 125 feet. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks and Trails. Lot 3R2 is subject to the provisions of the Land Development Code, which requires construction of a, at least, 4-foot wide sidewalk adjacent to Bill Simmons Road. The developer is required to construct the sidewalk as part of the public improvements for this property. Lot 3R1 is exempt from the general sidewalk requirements as it has an existing house located on the property. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Bill Simmons Road is considered an unimproved street and the plat contains more than one residential lot. The developer shall pay, or provide an equivalent amount of cash escrow for future improvement by the City, the applicable perimeter street charge for the initial one hundred feet of street frontage. The applicable perimeter street charge shall be reduced 0.2% per linear foot of frontage in excess of one hundred feet, not to exceed fifty percent of the applicable additional street frontage. The fee only applies to the newly created lot and must be paid before the plat is recorded with the County Clerks Office. The lot with the existing residential dwelling is exempt from this requirement. Impact Fees. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. Agenda Item No. 1- Page 1 SEWER Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER Parkland Dedication. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1 ,802 per residential lot. The fee only applies to the newly created lot and must be paid before the plat is recorded with the County Clerks Office. The lot with the existing residential dwelling is exempt from this requirement SUMMARY The developer has addressed all Development Review Committee comments. Since this final plat contains less than five lots, only the approval of the Planning and Zoning Commission is required. The proposed development appears to satisfy the platting standards contained in the Land Development Code. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Location and Zoning Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.1 - Page 2 Location and Zoning Map Agenda Item No.1 - Page 3 Development Review Committee Memo DATE May 2, 2005 Barry Mitcham 817.416.0834 Chris Fuller, Development Coordinator TO FAX NO FROM SUBJECT P-05-019 Replat - Maass Estates Addition The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Show and label all existing permanent structures on the exhibit. The following information should be included: location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set- back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. 2. Provide a statement on the plat exhibit indicating if existing structures will remain or be removed from the property. 3. Provide the area for each lot expressed in square feet on the plat. 4. A 16-foot utility easement is required along the perimeter lot line (northern line of Lot 3R1 & southern line of Lot 3R2). Contact Robert Woods, Engineering Department, 817.503.1094, for more information. 5. Where trees are proposed for removal, the subdivider shall submit a tree replacement plan. The tree replacement plan shall be in accordance with Chapter 5 - Tree Preservation of this Code. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. 6. Provide a Taxes Paid Certification, per Section 8.11.B of the Land Development Code. The applicant shall submit evidence from all local public taxing entities indicating that no delinquent taxes are due. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. 7. Remove the City Council signature block. Plats with fewer than four lots may be approved by the Planning & Zoning Commission. Agenda Item No.1 - Page 4 8. Provide the following signature block: Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville. Texas voted affirmatively on this _ day of .20_, to approve this Plat. Chairman, Planning and Zoning Commission Attest: Secretary, Planning and Zoning Commission The Following Comments are Informational and Do Not Require a Response: 1. Water and sanitary sewer are available in Bill Simmons Road. Contact Robert Woods, Engineering Department, 817.503.1094, for more information. OTHER INFORMATION PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Bill Simmons Road is considered an unimproved street and the plat contains more than one residential lot. The developer shall pay, or provide an equivalent amount of cash escrow for future improvement by the City, the applicable perimeter street charge for the initial one hundred feet of street frontage. The applicable perimeter street charge shall be reduced 0.2% per linear foot of frontage in excess of one hundred feet, not to exceed fifty percent of the applicable additional street frontage. The fee only applies to the newly created lot and must be paid before the plat is recorded with the County Clerks Office. The lot with the existing residential dwelling is exempt from this requirement. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. Contact Robert Woods, Engineering Department, 817.503.1094, for more information. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee only applies to the newly created lot and must be paid before the plat is recorded with the County Agenda Item No. 1- Page 5 Clerks Office. The lot with the existing residential dwelling is exempt from this requirement. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, May 23, 2005, 7:00 p.m. Not Required Please submit the following to our offices: . 12 folded copies of the revised Final Plat drawing . one 8%" x 11" reduced copy of the revised exhibit . A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. The above requested items must be submitted no later than noon on Tuesday, May 17, 2005, in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at fullerc@cLcollevville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.1 - Page 6 Applicant's Response LOVD BRANSOM SURVEYORS INC. CHARlES B. HOOKS JR. .RetltSTERED.PAOFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA.AVE. FT. WQRTH. TEXAS 78111 834--8477 FAX 831-8818 June 8, 2005 city of CoUeyviUe Development Review Committee RU': REPLAT MAASS ESTATES P-&019 Response to DRC Comments Dated 5-2..oS 1. Shown on Plat 2. Shown on Plat 3. Shown on Plat 4. Shown on Plat 5. No trees to be removed 6. Tax Celts Wl11 be provided with mylars for filing with County 7. Removed 8. Added to plat Agenda Item No.1 - Page 7 .' -~ ., I 'liI I. \ ~I:!I II" n I~ ,II ~ ~'~5 .~.II CIj ~ . aClj!;; .. :..fX......q~ p ,g .....J~ &1 ~ ii~i ~ {l t>j - f~ CIj B Plat ~.I~ \ I ~ ~ :, -.&-- ~:I. n Ii ... ------------, j--.------------ , , , , , , 11 : , , , , , ! ,~c ~ !.i !; I I Jc , - ;;;-..- ,. .."'----....----...----- II " -_.;;r_- , , , , , , , , , , , ij E't '11 J _ . ~ l .~~ J _ . , , : , ~- --,--------~-_.- P i E't" ~& J _ . , " t >> ~~ ,- II! Ii ii P. ~ft e!....~ II' Ii ' ~, OJ. l ~ .: I' Agenda Item No.1 - Page 8 city or cce~ PLANNING & ZONING COMMISSION AGENDA BRIEFING TexaS Meeting Date: June 13, 2005 I Prepared by: I Barry LeBaron Development Director Z-05-017 - PUBLIC HEARING - Amendment to Chapter 3, Section Subject: 3.24.F, Paragraphs G and J, of the Land Development Code regarding rear yard set-back requirements for Planned Unit Developments STAFF REVIEW COMMENTS Until within the past few years, ordinances establishing residential planned unit developments relied upon the set-back requirements contained in Section 3.24.G- Schedule of District Regulations, which is a table contained in the Land Development Code that specifies the minimum lot area and yard requirements for all zoning districts, including planned unit developments. Planned unit development ordinances in years past did not contain any specifications for front, side and rear yard set-backs. Attached is a copy of Section 3.24.G, which is taken from the Land Development Code. The specific language that has generated considerable concern is contained in the footnotes "GtH" and "JtK", which establish side and rear yard set-backs in residential planned unit developments. Footnote "G" requires no side yard set-back in a residential planned unit development when there are no window or door openings which face the side yard. Footnote "J" is similar for rear yard set-backs in that no rear yard is required in a residential planned unit development when there are no window or door openings which face the rear yard. This regulation would allow an addition to a home that meets the aforementioned requirements to be constructed adjacent to a side or rear property line. The following is an excerpt from the Land Development Code. 3.24.F District Regulation Notes G. No side yard required where no windows or other openings for light or entry face the side yard. J. No rear yard required where no windows or other openings for light or entry face the rear yard. The need to amend the two footnotes was heightened during a recent rear yard variance request considered by the Zoning Board of Adjustment on May 10, 2005. It was during the discussion with the Board that it was determined that the applicant being considered for a rear yard variance could, under the current code, build right up to the property line, provided that the structure being constructed did not contain any window or door openings. The property in question before the Board did not have a utility easement across the back of the yard, as is the case in most residential properties, which explains why these types of Agenda Item No. 2 - Page 1 situations have not surfaced in the past. The members of the Zoning Board of Adjustment offered comment to staff to consider amending the Land Development Code to prevent this situation from occurring in the future. Attached is a proposed ordinance, which will amend the side and rear yard set-back requirements for residential planned unit developments. The proposed regulation will allow a five foot side yard and a ten foot rear yard, provided there are no window or door openings facing the applicable side or rear yard. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: June 13, 2005 City Council: July 12 and July 19, 2005 RECOMMENDATION Approval ATTACHMENTS . Section 3.24.G - Schedule of District Regulations . Proposed Ordinance Agenda Item No. 2 - Pag_e 2 Land Development Code 3.23.Q COMPLIANCE WITH DEVELOPMENT SCHEDULE Cftvof CoHevvffle. Texas 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 _~P_____________L~~!!_~~_~~~L.____._._____.____.._____------ RE ! Residential Estate ____._.._._____..__1..__________________________. ! Single Family Residential @ R40 ! 40,000 s. f. minimum lot size --.----------.------------.1-----.------------------------------.-------.- i Single Family Residential @ -.!~;3..Q________J__~_~Q9..9__s...:.J.. minimum.!9t siz~__ ! Single Family Residential @ ___!3~_Q_________.L~Q~QQQ_~...:.Lf!!i!ll.~.':I!!!.J~_~ze_________ I Single Family Residential @ __!3J_?________Ll~~Q9_Q_~:.J~~!.Q!mu!!!._L~_siz~__________ __~_l?___._________J.._T_~~__!:=_~_~i!r Re~~~.n~~~________________m RMF ! Multifamily Residential ~_~._________.._L~~~ile ~<:~~_~~~~~~t~~L------------ CPO i Commercial - Professional Office _____._______.i._____._..._.._____.._.___._______..___-------.- CN ! Neighborhood Commercial -cc1---------!-vTiiageReiaii---------------.-.----------- i --cc2---------I-stlopplng-Center-------.---------- _______________________1__._________.________________.___________.__.__.__.___._.___.M.M. CC3 ! Highway Commercial ...._._...___._m____1_...._.__.____._.__._..._._._....____--.-.-.---.----...----.-.---....-. ML : Light Manufacturing ...._....___._.._..___...._..__._......__._.____._._____m..._.__......_....__.._._....._.._._._m................._._.........__......--.... Chapter 3 - Land Use Page 3 - 39 Land Development Code Citv of Collewil/e. Texas 3.24.B SYMBOLS USED IN TABLE OF PERMITTED USES 1. The following symbols are used in the Table of Permitted Uses: . - Use permitted by right S - Use permitted with Special Use Permit (SUP) 2. The following special land use regulations are applicable to certain uses referenced in the Table of Permitted Uses: (a) Single family uses may be employed in R-MF Zoning Districts based upon a special use permit, conditioned upon the submission and approval of a development plan by the city pursuant to the provisions of this Chapter. (b) Allowed only when part of an approved planned unit development (PUD) or multifamily project, and when intended to serve the site occupants and guests thereof. (c) Excluding non-therapeutic massage parlors. (d) Excluding outside runs and pens (only pertains to CC2 District). (e) Outpatient services only. (f) An SUP required in every zoning district except CN & CC, for sales activity over 9 mo. per year. (g) That a certificate of occupancy (c.o.) be obtained prior to occupancy of the premises as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the structure is in compliance with all applicable current codes and ordinances of the City of Colleyville. Which shall include, but not necessarily be limited to: 1. The structure is structurally sound. 2. There are no clear and present dangers as to fire and fire safety. 3. The plumbing is in compliance with the currently adopted code requirements for the zoning district in which it is located. 4. The electrical system is in compliance with the currently adopted Electrical Code for the zoning district in which it is located. 5. Smoke detectors shall be placed in each individual bedroom which is offered for public use and smoke detectors shall also be placed in any hallway adjacent thereto. 6. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address and the establishment name. 7. Off-street parking shall be located behind the front building line of the structure and shall be screened from public view, and shall be provided in the following manner: one space per bedroom offered for temporary rental in addition to that required for the zoning district in which it is located. 8. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the total floor area of the dwelling. Also, in order to continue operation: a. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing compliance with the requirements of this Section. b. Food service shall comply with all provisions of the City Code. c. The structure shall comply with all current City Codes, including, but not limited to Building Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from time to time be adopted. d. The length of stay for any guest is limited to fifteen (15) consecutive days. (h) 1. construction shall be of monopole design only; and 2. the distance between the base of the tower and any Agricultural (Ag) or residential district shall be not less than two (2) times the height of the tower; and 3. the site plan shall meet all other commercial development requirements of the City such as site plan review, landscaping, setbacks; and 4. a minimum of one paved parking space shall be provided at the site of the structure. Chapter 3 - Land Use Page 3 - 40 Land Development Code City of Co//ewil/e. Texas (i) Home Occupation Uses: 1. No person other than members of the family residing on the premises shall be engaged in such occupation; 2. The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; 3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall of the principal building. 4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area; 5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. 6. Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels and other such activities. j. Movie Theater Uses: A movie theater shall not contain more than six projection screens and shall not exceed 27,500 square feet in total building size. (0-04-1454/4-16-04) ",~,-,-,-,-,-,--""'--'--'-'-'-'-''''--'-'-'-'-'-'-'-'-.---....---.---...-...---......-...------...----................---------....-....--.--.--..---.......--....----.-....---.--.--.--.--.-.--.----.----.--.--......---.......---.--.--.-..--......--.....-----.--.-.----.- Chapter 3 - Land Use Page 3 - 41 Land Develooment Code Citv of Colle wille. Texas ....... ...... ...:.:...:....... .s~~ti~tl. i4~C. ~.Tilbi~.()f::P.~tirt!~t~ti.~~~....... .... ......... .. .........................:...:...:.......:... .Zj)rih~g: pt$tMt:..::.. ...:.:..:......:: .~a~d~$~. .Ct~$$ffh~~ti~Jf....... .~. "Li;,( :l:. :.~:. "m:: ..an.. :J~.. "U;;.: ..:J:" ..0. "Z" .'~.'- :-N" "(01)." :;;j .. ..".... .:e" ..€>: ..0...: :0" ..0.::: ..~:. ..~.: .:Oi::" :Ot" ..=e" "0: ..0... ..0.. ..0.::. ::e:. ~e.st~~~ti~I.;?~q~;1..... .. ... .... ... 1<. k. ....... ... ..... Single family home (a) . . . . . . S Two family dwelling . Townhouse I cluster / multifamily dwellings . Mobile home dwelling S S Hotel / motel . . Convalescent / retirement home S Private social recreation club (b) . . . . . . . . . Servants or caretakers quarters . . S S S S Bed & breakfast lodging (g) S S S S S S S s A.~#ic~it\l~at:. :2~;q;2.. :::.:...:.:.:.....:.:...: .:.:..:: ...f>> << ....: >> I>> 1<< I>> :. :::.:. Farming & livestock breeding & raising . . Non-commercial swine farming S Commercial equestrian boarding . stable & school Private horse stables for domestic use . . . S S Roadside fruit, veg. & prod. stands (year rnd) S S S S S S S S s :1:(W~~.ti9~~I:(j~r:i\i~~~iy: Q:p'~r~t~~).: :~.q~;~. :.. :::::...:..:.:... 1<< 1<> ..: 1<< :} >> I.... I.... 2 ... . Kindergarten, primary & secondary school S S S S S S Junior and senior colleges and universities S S S Vocational, technical and trade schools S S S . Business & professional school S S . . -."'-' ..- I>> 1< <: << ..t<: I>: ....: G9Ai#:i~ri~~YF.~~iii~i~~.: .~":p;:4.::.:....:::::.:::. .......... . ...... -,.. .... ....-.. ... .... ... ....... .... . .... ,_.... ... . . . . . . . . . . . . Government buildings & Parks . . . . . . . . . . . . . . . Golf courses, & community buildings . . . . . . . Pubic maintenance & storage buildings . Telecommunication tower (h) S S Solid waste disposal sites S Cemeteries & mausoleums S S S S S S S Bus or train passenger terminals S S . . Railroad or motor freight terminals . Automobile parking lots & garages S S . . Transportation vehicle storage yards or garages . Airport, heliport, or helistop S S S Chapter 3 - Land Use Page 3 - 42 Land Develooment Code City of Colle wille. Texas ::: :::::::: ::~~tf()~ :~4~(j::~ tal)~::~f.:~e~itta~: tJ~a~ :f~O~i~t).::::::::::::::::::::::::::: ::: ::::: :::::::::::::::::::::::::::::::::::::::::::::: :~~rl~rj;g: :pi~(rl~(:::::::::::::::::::::::::::::::::::::::::: . . : : ::.:. . . : . :. .'.C .... ;f' :. . c. :::::::::::::::::::: ::0) ::W . ~. . :$t :c:{ ::~:: ::i:):: ::LL.:: :::1:::: ::0:: ::Z: :"::: ::~:r ::M:: ::;;;1 .... . Lan<i Use:. lassl Icatlon............:.:::.::: .:C(.: :.0::: :~: '0:::: .~. :~: :O!::: :~:: ::!E:. :f5: :0: :g:. :0: g: :::!!:: Retail '24:C.5 .... ........: ::ttr" . . .. . :.' .:. ::'::" '.. ..... . "::><>t>: Convenience store w/o gasoline sales . . . Convenience store w/gasoline sales S S S S Supermarket / grocery . . Bakery . . Meat & fish market . . Cafe, cafeteria & restaurant . . Restaurant with drive-in or drive-thru service . . General retail sales . . . Pharmacy . . . Drug store . . Retail plumbing, electrical & hardware w/o outside display . . . . Hardware w/outside display . . . Book & stationary shop . . . Jewelry, camera, music - sales and/or repair . . . Florist shop . . . Commercial greenhouse Furniture store Pet shop Second hand goods shop Feed & seed w/outside stor. Motorcycle & jet ski sales & repair Vehicle sales w/outside disp. Automobile sales Gasoline service station Building materials w/o outside storage Bldg. matI. w/outside stor. Large Commercial Building (0-00-1249/11/08/00) ~~rv.ic.~s. /qff~c.~.: ~4;(j;&.. Barber, beauty salons Self service laundromat Dry cleaners (station only) Apparel alterations Health studios (c) Music & dance studios . ... .. S S S . S S S S S S S S S .. S . (see Section 25.1) ::J>> >>8 II}:::: ... S S S S S . . ... .. .. :::: _._.~._.___~._._....__'_H'_'_'_""_'___'_'_'_""___'_.......____..._......_._.......____....__._.__.___.........__.__.._...---.---...--..-.-------...-...-.----.........---................--.-.--.-.-....-.....................-.-.-.......--....----.-----....--.......--.--.------..........--.-.-.-.-.-........ Chapter 3 - Land Use Page 3 - 43 Land Development Code City of Co/lewille. Texas ....:.......:. ~~~ti;)~::~~;<:::~ t~Jit~:~f:~~rJr.i[tl~~: :lt$#~:t~~t~~):::::::::::::::::::::: ..::..:::.:::.:::::::::::.:::::::::::.:.:::::::: itQrilrig: .P.i$t~l~t.:::::::::::::..:..:.:.:.:.:.:...:::::.: :::::: Larid: USe: Cias~iijication:.: :::0). :~. ::0:: ::0.. :.0" ..10..: '@:: ..u..:.. ..::I:.... 0.. "z: '-~'. .~ ..(o!)... .,;;,j" ..<(.. ..-=r.. '~'. :.&r :ti!. .:s: .:::=t:: Q;.; ..u .0. ..0 :.0..' ..::!E.. ::0::" :n:.. ..D!.. <): :0.. ..0 .:0... Funeral home I mortuary S S S Veterinarian office w/kennels (d) . . . Interior decorator shop . . . . Food catering . . Medical & veterinary clinics (e) . . Medical office w/o clinic . . . Hospital . General office . . . . Banks, financial institutions . . . . Contractor office wi yard S S Exterminator shop w/storage S S Day care I day nursery S S S S S S Pawn shop . q():rJll1lej;~i~i/ ~e.iYi~e: .. -....... >> 1<< 'C 24C'7' " ,':~: .-::-: Motion picture theater (j) . . Indoor amusement S S Outdoor amusement S S S S S S Archery & firearm ranges (f) S S Automotive repair & service w/o outside storage S S S Automotive repair & service w/outside storage S Laundry I dry cleaning plant S S Appliance repair shops . . Plumbing, heat, air condo & electrical trades shops . . Upholstery, fu rn itu re repair . . Self service storage S S hldil~tfi~I:: 2.tC;S:::::.:....'.... ..... I:..:::.. >> L< I>> < << Warehouse and d istri bution I office showroom S Printing and bookbinding . . Food packaging and manufacturing S Research and development labs . . all other manufacturing S Table Leaend ffi () Permitted Use Special Use Permit Required Uses with ( ) - see Section 3.24.8 _._.m_'~_""__'_'_'_""_'__'_'____'__'mm_._._._.m_.._._._........__.__.__..._.____.__......._.H.......H.........._....__.__._.___._._.__H._.___._.__.____.____....__.__._...._._._.......__.__.____._m....___....._.__._._.__.__.__.____.......___._....____.......H.______.___.___.H Chapter 3 - Land Use Page 3 - 44 ORDINANCE 0-05-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 3.24.F, PARAGRAPHS G AND J, OF THE LAND DEVELOPMENT CODE, REGARDING SIDE AND REAR YARD SET -BACK REQUIREMENTS IN PLANNED UNIT DEVELOPMENTS, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning regulation; and WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding Planned Unit Development regulations; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the zoning regulations to the City Council; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Coli eyville, and State Law with reference to changes to zoning regulations, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the persons interested, the governing body of the City of Colleyville is of the opinion that said change in zoning regulation should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3.24.F - District Regulation Notes; Paragraph G, of the Land Development Code, is hereby amended to read as shown: Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Ordinance 0-05-XXXX Page 2 of 2 G. Where there are no window or other openings for light or entry facing a side yard, a minimum five foot (5') side yard set-back shall be required, unless an ordinance approving a planned unit development specifies a different side yard set-back. THAT Section 3.24.F - District Regulation Notes; Paragraph J, of the Land Development Code, is hereby amended to read as shown: J. Where there are no window or other openings for light or entry facing a rear yard, a minimum ten foot (10') rear yard set-back shall be required, unless an ordinance approving a planned unit development specifies a different rear yard set-back. THAT Ordinance 0-00-1214 adopting the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT this ordinance shall take effect immediately from and after its passage. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. day of The first reading and public hearing being conducted on the 2005. Ordinance 0-05-XXXX Page 3 of 2 The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM Matthew C. G. Boyle City Attorney