HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2006)-02/21/2017ORDINANCE 0-17-2006
AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 1- GENERAL
PROVISIONS, SECTIONS 1.12 AND 1.13, AND CHAPTER 3— LAND
USE, SECTION 3.29 TO PROVIDE ADDITIONAL AUTHORITY TO THE
CITY COUNCIL FOR WAIVERS RELATED TO THE CONSTRUCTION OF
MUTUAL ACCESS EASEMENTS/DRIVES AND TO CREATE A PERMIT
FOR THE CONSTRUCTION OF SUCH DRIVES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
IN]UNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE
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 of Colleyville desires to amend Chapter 1- General
Provisions, Sections 1.12 and 1.13, and Chapter 3- Land Use,
Section 3.29 of the Land Development Code to provide
additional authority to the City Council for waivers related to
the construction of mutual access easements/drives adjacent
to major arterials and to establish a permit for the construction
of such drives; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1 THAT Chapter 1- General Provisions, Sections 1.12 and 1.13 of
the Land Development Code, are hereby amended to read as
depicted in the attached Exhibit "A".
Sec.2. THAT Chapter 3— Land Use, Section 3.29 of the Land
Development Code is hereby amended to read as depicted in the
attached Exhibit "B".
Sec. 3. 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 Land Development Code of the City
of Colleyville, and upon conviction shall be punishable by a fine
Ordinance 0-17-2006
Page 2 of 3
not to exceed the sum of Two Thousand Dollars ($2,000.00) for
each offense.
Sec. 4. THAT if 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.
Sec. 5. THAT in 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.
Sec. 6. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 7. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 7th day of
February 2017.
The second reading and public hearing being conducted on the 215t day of
February 2017.
PASSED AND APPROVED BY A VOTE OF � AYES, D NAYS, AND �
ABSTENTIONS ON THIS THE 21ST DAY OF FEBRUARY 2017.
Mayor Richard Newton 1a1 �- Mayor Pro Tem Chris Putnam �"
Place 1, Tammy Nakamura AU Place 5, Nancy Coplen �i.�
Place 2, Bobby Lindamood i Place 6, Mike Taylor �.
Place 4, Jody Short �A �
TTEST:
�
Am helley, MC
City Secretary
�—Ci Y OF COLLEYVILLE
�\
Richard Newton
Mayor
Ordinance 0-17-2006
Page 3 of 3
APPROV�D'AS TCyFORM AND LEGALITY:
Whitt L`Wyatt
City Attorney
Exhibit "A"
Land Development Code Ciiv of Collewille, iexas
1.9.0 RECORDS
The Building Inspection Office shall maintain a record of all buildings or parcels of land for which a
Certificate of Occupancy has been issued.
1.9.D CERTIFICATE OP OCCUPAVCY APPLICATION
Application for a certificate of occupancy shall be made to the Building Inspection Office. No application
for a certificate of occupancy shall be approved which does not, at a minimum, contain the following
information: business name, business address, business phone number, type of proposed use, business
owner, business owner's address, business owner's phone number and emergency phone number,
applicanYs driver's license number, applicanYs date of birth, and applicant's signature.
1.9.E DISPLAY AND STATUS OF CF,RTIFICATE OF OCCUPANCP
1. All non-residential occupancies shall display a certificate of occupancy on the site and in a
conspicuous place.
2. The holder of a certificate of occupancy for a non-residential occupancy is required to notify the
Building Inspection Office of any change of address, name changes, or other pertinent
information listed on the certificate of occupancy application.
Nothing herein contained shall require any change in the plans, construction or designated use of a building
actually under construction within the city on the effective date of this document and which entire building
shall be completed within one (1) year from the effective date of the document or which building shall be
maintained under continuous construction even though not completed within one (1) year. Nothing herein
contained shall require any change in plan, construction or designated use of a building for which a building
permit has been heretofore issued while such permit is valid and provided the building shall have been started
within 180 days of the date of issuance of the permit and which entire building shall be maintained under
continuous construction even though not completed within one (1) year.
No building or structure may be erected, constructed or installed on any lot, tract or parcel of land and public
utilities shall not be e�Aended or connected to a building or structure unless the lot, tract or parcel of land is in
compliance with the provisions and requirements of this Land Development Code and all applicable Building
Permits and authorizations to proceed are first obtained.
Any person seeking approval of a development as required by this Land Development Code may request a
waiver of or a variance from a requirement contained in this Code, or appeal a decision of an Administrative
Official by submitting a request using the procedures described in this Chapter. Due to the unique
arrangement and statutory organization of this Land Development Code, provisions for waivers, variances
and appeals of administrative decisions vary from chapter to chapter. The following table shows the approval
authority for waiver, variance and appeal requests for the specific chapters of this Land Development Code.
Chapter 1- General Provisions Page 1- 3
Exhibit "A"
Land Developmeni Code Citv of Collewille iexas
Approval Authority for Waiver, Variance and Appeal Requests �
. .................................................... ,
Chapter Title ; City Council � P�` Z ZBA ; Sign Board � Staff
: Commission � -
Chapter 2– Defnitions � NIA � N/A See N/A � N/A
j i Section 1.16 € i
Chapter 3– Land Use See SeGion I N/A I Section 1.16 N/A NIA
1.13
BuRer ng4 – Landscaping & See Sec�ion N/A — N/A� N/A Sec6on 4.6
- _-1,13______
Chapler 5–Tree Preservalion See Section See N/A N/A i N/A
1.73 � Sedion 1.14 � �
Chapter 6– Building Design See Section � Sectbn 1.14 � N/A N/A N/A
1.13
Chapter 7– Sign Regulations See Seclion N/A N/A Sectbn 1.15 N/A
1.13
Chap�er 8– Platting Procedures = See See Section � N/A � N/A N/A
(except perimeter streets) � Seclion 1.13 ; 1.14 & 7.2 ; � �
Perime�erslreets Section 113 � N/A i N/A N/A N/A
Chapter 9– Subdivision Design & See N�A N/A N/A N/A
Required Facilities Seclion 1 13 �
Chapter 10 – Private Streets & See
__. ._._.. � i
Enlrance Gates � Section 1 13 N/A N�A N/A N/A
Chapter 11 – Park land See N/A N/A N/A N/A
Dedication Section 1.13
Chapter 12 – Erosion Conirol I Sect on 7 73 � N/A N/A N/A N/A
Chapter 13 – Impact Fees See N/A N/A � N/A N/A
Section ,1.13
Chapter 14 – Engineering Desi n� See N/� N/A _..._ _. N/A N/A
9 € Section 7.13 � �
Chapter 15–Public Works Section 1 13 � NIA ' N/A N/A N/A
ConsUuction Details �
Note to table above: N/A– Not Authorized
Section 7.13 Waivers and Appeals — City Council
A. Where specifically provided for in this Land Development Code, the City Council shall have the
authority to consider requests for a waiver or to hear and decide an appeal from an administrative
decision on a regulation. The City Council may approve, disapprove or modify such a request
provided that such approval or modification will not be detrimental to the public safety, health, or
welfare or injurious to other property. The applicant shall provide information to support a claim that
there are extraordinary hardships or practical difficulties which may result from strict compliance with
the regulation or that the public interest may be better served by an alternative proposal.
B. Nolwithstanding any provision of this Land Development Code relating to waiver procedures
contained herein, and to the extent not otherwise prohibited by State law, the City Council shall have
the authority to directly consider requests for a waiver to any regulation contained herein in
connection with the construction of a mutual access easemenUdrive adjacent to a Major Arterial as
defined in the thoroughfare plan. The City Council may approve, disapprove or modify such a
request provided that such approval or modification will not be detrimental to the public safety, health,
or welfare or injurious to other property. The applicant shall provide information to support a claim that
there are extraordinary hardships or practical difficulties which may result from strict compliance with
the regulation or that the public interest may be better served by an alternative proposal.
Chapter 1– General Provisions Page 1- 4
Exhibit "B"
Colleyville, iexas, Land Development Code
not Iess than five (5) feet in width unless every dwelling unit therein opens directly upon a front yard,
rear yard or court yard-.
2. Whenever a lot of record at the time of the effective date of this Chapter has a width of less than fifty
(50) feet, the side yard on each side of a building may be reduced to a width not less than ten (10)
percent of the width of the lot, but in no instance shall such width be less than four (4) feet.
3. On corner lots of record the yard adjacent to the side street shall not be less than fifteen (15) feet.
4. For commercial or industrial lots abutting a lot zoned CC1, CC2, CC3, CN, CPO or ML, subject to the
approval of the city building official, a zero lot line is permitted on one side, provided a four hour fire
wall is constructed at said zero lot line.
L. Rear Yard Adiustments — Rear yard requirements as established in Section 3.24 - Schedule of
District Regulations may be adjusted in the following case:
1. Where a lot abuts an alley, one-half the alley width may be considered as part of the required rear
yard.
M. Lot Area Per Familv Adiustments — Lot area per family (dwelling unit) requirements as established in
Section 3.24. - Schedule of District Regulations shall be adjusted in the following cases:
1. Where a lot of record or a lot in a subdivision which the Planning and Zoning Commission and City
Council have officially approved and agreed to accept at the time of the effective date of this Chapter
has less area or width than herein required, in the district in which it is located, said lot may
nonetheless be used for a residential or nonresidential use, whichever is applicable, in the district in
which it is located.
A. Purpose — The purpose of this section is to require off-street parking and loading facilities proportional to
the need created by each use. Where the minimum number of required parking spaces can not be
calculated in accordance with the parking group schedule, the Building Official shall be authorized to
determine the minimum number of required parking spaces using acceptable industry comparables.
B. General Provision — In all zoning districts, there shall be provided in connection with the appropriate
permitted use, off-street parking spaces in accordance with the provision of this section, unless a different
parking standard has been set forth as a condition of a Special Use Permit or Planned Unit Development
for a specific site. Existing facilities being used for off-street parking shall not be reduced in capacity to
less than the minimum number of spaces prescribed, or altered in design or function to less than the
minimum standards prescribed herein.
C. Location of Parkinq — All required parking spaces shall be provided on the same lot or tract occupied by
the use being served, except that where an increase in the number of spaces is required by a change or
enlargement of a non-residential use, the additional required parking spaces may be located off-premises
in accordance with the shared parking requirements contained in this section, unless a different parking
standard has been set forth as a condition of a Special Use Permit or Planned Unit Development for a
specific site. Required parking spaces for a residential use shall be provided on the lot or tract occupied
by the use being served.
D. Parkinq Space Locations Prohibited — No off-street parking space shall be located, either in whole or in
part, within any fire lane, driveway, driving lane, or maneuvering area. Furthermore, no required off-street
parking space shall be located, either in whole or in part, in a public street, sidewalk, parkway, alley or
other public right of way.
E. Parkinp Sqace Dimensions — No required off-street parking space shall be less than nine (9) feet in width
by eighteen (18) feet in length.
Chapter 3- Land Use Page 3- 69
Exhibit "B"
Colleyville, Texas, Lond Developmen} Code
F. Mixed Use Parkinq — The parking requirements for a lot or building containing a mixture of uses shall be
the sum of the requirements for each type of use. No parking space provided for one type of use or
building shall be included in the calculation of the parking requirements for any other use or building. For
multi-tenant developments containing greater than 30,000 square feet of floor area, the sum of the total
number of required parking spaces may be reduced by ten percent (10%).
G. Shared Parkinq — Where an increase in the number of off-street parking spaces is required by a change
or enlargement of use, the additional required spaces may be located on another property that is located
on the site of a use not normally open and used or operated during the same hours, provided, that the
following conditions are satisfied:
1. The parking spaces are located within three-hundred feet from an entrance to the building or use
being served, measured along the shortest available pedestrian route with public access.
2. A copy of the written agreement, executed by the parties concerned, is furnished to the Building
Official, assuring their retention for such purposes.
H. Buildinq Renovations — When an existing building or use is enlarged, structurally altered, or remodeled to
the e�ctent of increasing or changing the use by more than ten percent (10%), but less than fifty percent
(50%), of the existing square footage, additional off-street parking shall be provided for the incremental
increase in accordance with the off-street parking regulations set forth herein. When an existing building
or use is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by
fifty percent (50%) of more of the existing square footage, the off-street parking requirements for the
entire building shall be comply with the parking regulations set forth herein.
I. Supplemental Parkinq Space Requirements
1. Parking regulations are based on the gross floor area (GFA) of the building.
2. In determining the required number of parking spaces, fractional spaces shall be rounded to the
nearest whole space. Parking spaces located in buildings used for repair garages or car washes, and
spaces in drive-through lanes shall not be counted as meeting the required minimum number of
parking spaces.
3. Wooden poles shall not be used for parking lot or site lighting for a non-residential use.
4. Except for single-family dwelling units, parking spaces shall be arranged so that vehicles shall not be
required to back out of the parking spaces directly into a street.
J. Parkina Group Schedule — The minimum number of off-street parking spaces to be provided in
connection with the permitted use listed in Table 3-310, Schedule of Permitted Principal Uses, shall be in
accordance with the following Table 3.29 — Parking Group Schedule.
K. Mutual Access EasemenUDrive along a Major Arterial
Permit: The City Council shall provide consent to approve a permit for the construction of a mutual
access connection that requires a waiver to any provision in this Land Development Code. See
Section 1.13.
2. Conditions of Approval - The City Council may impose such safeguards, requirements and conditions
as it deems are necessary to properly protect any surrounding property, surrounding use, or
neighborhood character, including, without limitation, imposing development standards, requiring
public facility improvements and means of ingress and egress of public streets, establishing
conditions of operation, establishing time limits, establishing location, arrangement and construction
of any uses or structures, adopting regulations to protect the general welfare and adjacent property
from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view
of other undesirable or hazardous conditions. All conditions imposed by the City Council shall be
complied with prior to the issuance of a permit.
Chapter 3- Land Use Page 3- 70
Exhibit "B"
Colleyville, iexas, Land oevelopment Code
3. Required submittals
a. Application — These forms are furnished by the Administrative Official
b. Detailed site plan
c. Parking analysis
d. A shared parking agreement between the properties to be connected must be executed if the
conditions of Section 3.29(g) are met
A. Dimensions — No parking space shall be less than nine (9) feet in width by eighteen (18) feet in length.
The design and dimensions of off-street parking areas shall be in accordance with the following Table
3.29.1 — Table of Parking Space Dimensions.
Table 3.29.1
Table of Parking Space Dimensions
Angles (Degrees) 0 30 45 60 90
Stall, Parallel to Aisle 23.0 18.0 12.7 11.4 9.0
Chapter 3 - Land Use
Page 3 - 71