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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