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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/12/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni r~nllav~iillA ~nrrl i yt4' iij I, ,~ ~._. _;~ ~Iri ~;:~:~- Meeting Agenda Monday, January 12, 2009 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville City Hall 100 Main Street ~ Colleyville, Texas 76034 ~" ' Meeting Agenda ~~ 817.503.1000 com ville lle . : ~ y . www.co , .., Planning and Zoning Commission Monday, January 12, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Phelps 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES December 8, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 8. PUBLIC HEARING AGENDA ITEMS ga Approval of a replat of Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case PC08-002 Page 1 Printed on 1/8/2009 City of Colleyville Planning and Zoning Commission Meeting Agenda January 12, 2009 8b Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 8c Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 9. gpJ~OtJ~[1~II~ENT I hereb rtify the a ve agenda was posted on the bulletin boards at City Hall on Thursday, January 8, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printea on vuizvv~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 IA/IA/1A/ nr+llnv~iillr+ n~rv~ (`.h11~ [Ij ~- ~ ~r `~ ~~ ~_ ~ . r~~~~ Minutes -Draft Monday, December 8, 2008 6:15 PM City Council Chambers Planning and Zoning Commission -~~ ° City of Colleyville ~~~~.~~~ '' Minutes -Draft <<,~.._ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, December 8, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 8, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Ron Rotthaus and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt 3. INVOCATION The invocation was given by Commissioner Byerly. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Redfearn moved to approve the November 10, 2008 meeting minutes with the following addition to page 3, "Commissioner Redfearn stated his objection to the motion since a rezoning to AG; RE or R40 would be more appropriate. In addition, he objected on the basis that surrounding neighbors had a reasonable right to expect that there would be no livestock on their streets or in their backyards since this had been zoned R20. Commissioner Dudziak seconded. Page 1 Printed on 12/9/2008 City of Colleyville Planning and Zoning Commission Minutes -Draft December 8, 2008 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for Lot 1, Block 1 of Coptic Acres Addition located at 1110 John McCain Road, Case P-08-033 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:05 p.m. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Phelps moved to approve case P-08-033. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 7b Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if there is a concern with a McDonald's or a Wendy's coming in at this location with this approval? Justin Bass replied no, this ordinance will only allow a coffee shop. He stated any other type restaurant use would have to come back to the City for an amendment to the ordinance. Commissioner Byerly opened the public hearing at 7:07 p.m. David McMahan, the applicant, came forward to present the case and brief the Commission. He stated they do not want any fast food establishments on this property other than a coffee shop. Commissioner Byerly questioned Mr. McMahan regarding if the Commission limits the drive up window to the north side of the building, would it be a problem? Mr. McMahan replied not having a problem that condition. City of Colleyville Page 2 Printed on 12/9/2008 Planning and Zoning Commission Minutes -Draft December 8, 2008 Commissioner Phelps questioned Mr. McMahan regarding if the traffic flow around the building is one way? Mr. McMahan stated it is wide enough for two way traffic flow. Commissioner Phelps questioned Mr. McMahan regarding if the drive area would be striped? Mr. McMahan replied yes. Commissioner Dudziak questioned Mr. McMahan regarding if there are any plans to put an awning over it? Mr. McMahan replied no, not at this time. He stated the Fire Department has stated there would be certain guidelines to follow if there is an awning placed there in the future. He stated they are willing to comply with those requirements if there is an awning placed there. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Byerly moved to approve case Z-08-016 with the amendment to the ordinance to clarify that the drive thru services only be permitted on the north side of the building on Lot 2, Block 11, where the window is currently located. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 7c Approval of a Special Use Permit (SUP) for an accessory building and servant or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Chuck Kramer and Jenny Scarbourgh, representatives for the applicant who is in the hospital, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Kramer regarding why is there a need for seperation from the guest house and the main house? Mr. Kramer replied the Hudson's are very private people. They want to give their mother her own space. Commissioner Byerly questioned Mr. Kramer regarding the square footage for the main house, 30,000? Mr. Kramer replied no, that is an error, the main house is 14,000 square feet. Page 3 Printed on 12/9/2008 City of Colleyville Planning and Zoning Commission Minutes -Draft December 8, 2008 Commissioner Dudziak questioned Mr. Kramer regarding if there is a need for over 2,000 square feet in the servant's quarters, or where the mother will live, as opposed to coming under the guidelines of 1,700 square feet? Mr. Kramer replied the mother is very ill, at times, therefore, there will be other people in the house with her attending her needs. He stated the Hudson's will have family that will come and stay with them at times that will require the space. Commissioner Dudziak questioned Mr. Kramer regarding if the rear of the structure would be screened from John McCain? Mr. Kramer replied they will be landscaping that area. He stated there is a subdivision wall that will be at the rear of this structure as well. Commissioner Clardy questioned, for clarity, Mr. Kramer regarding the accessory structure will be about 14% of the main residence? Mr. Kramer replied correct. There being no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Phelps stated having concerns regarding have multiple units on one property. He stated this does not really lend itself to the typical concerns. Commissioner Dudziak stated having concerns with having a possible rental property for the future. He stated if this is approved, the property could be used for rental property. Commissioner Clardy stated with no garage being attached to this structure, that might keep this unit from being a rental unit. Commissioner Dudziak questioned staff regarding in the draft ordinance, section g, does that statement cover not allowing rental use of the property? Justin Bass replied no. Commissioner Dudziak questioned staff regarding if the ordinance can state that the property may not be used as a rental unit, however, how would it be enforced? Ron Ruthven replied the difficulty would be in enforcing it. He stated with only one meter on the property that can safe guard the use of the guest house as use as a future rental unit. Commissioner Byerly questioned staff if that would include submetering at some point? Ron Ruthven stated the city would not issue a seperate meter. Commissioner Byerly stated they can come in and put in their own meter. Ron Ruthven stated the electric company contacts the Building Department when issuing a seperate meter. He stated the city would not issue a seperate meter. Page 4 Printed on 12/9/2008 City of Colleyville Planning and Zoning Commission Minutes -Draft December 8, 2008 Commissioner Byerly concurred with Commissioner Dudziak and stated it concerns him most because it is contained in a subdivision. He stated it would be better if it were its own subdivision. He stated the current homeowners have no intention to rent the property, however, the future homeowners may have a different idea about the use of that 2,300 square foot accessory structure. Commissioner Rotthaus stated the property would have to be subdivided if they are to use this as a seperate dwelling unit. Commissioner Byerly stated once the unit is there, depending on the PUD, if they meet those requirements, they can come in and plat however they want to; then you are stuck with how it gets divided. Commissioner Rotthaus stated notification was sent out to the residents and no one has come forward to oppose the request. Commissioner Phelps stated it is difficult to see the dimensions if there is a future split in the lot, if they would not meet the minimum requirements of the PUD ordinance in place. Justin Bass stated the PUD ordinance requires all lots to be a minimum of 30,000 square feet. He stated it would be difficult to split the lot with the structure on it and meet those requirements. He stated the PUD would have to be amended as well. Commissioner Clardy questioned staff regarding if there is a minimum size to the residences in this neighborhood? He stated there may be enough attic space to add another floor. Justin Bass replied not knowing, Mr. Kramer may know. Becky Kramer, representative with Chuck Kramer, came forward and stated no, another floor could not be added because of the slope of the roof line and the attic space. Commissioner Phelps moved to approve case Z-08-024. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 4 -Redfearn, Clardy, Phelps, Rotthaus Nay: 3 -Knox, Dudziak, Byerly Page 5 Printed on 12/9/2008 City of Colleyville Planning and Zoning Commission Minutes -Draft December 8, 2008 8. ADJOURNMENT The meeting adjourned at 7:31 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on December 4, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 6 Printed on 12/9/2008 '~ City Hall ~ ~ ~ City of Colleyville 100 Main Street E~ri~~,~A~G- -~ Colleyville, Texas 76034 4 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 01/12/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 01/12/2009 Planning and Zoning Commission Title Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 Explanation Keith Hamilton is the developer of 2.6 acres located at the end of Black Drive. The developer has submitted a preliminary plat, which will subdivide the property into five residential lots, for the construction of single-family residential detached dwelling units. Zoning. A rezoning request from a R40-Single Family Residential to a R20- Single Family Residential zoning district was approved by the City Council on January 22, 2008. Access. The development will have access from Black Drive to the new proposed street, Black Court. The new street serving this development will contain a minimum of 50 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. Right-of-way conveyance. Given the proposed lot configuration of this development, the applicant proposes to obtain a portion of the existing Black Drive and incorporate it into the proposed Lot 1. Final plat approval will be contingent on the prior approval of conveyance of the right-of-way in question by City Council. City of Colleyville Page 1 Printed on 1/8/2009 Agenda eriefina Continued Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. A minimum four foot wide sidewalk will be located along both sides of the new street serving the development and installed when any new structures are built on the property. Drainage. The developer will submit a drainage analysis of the site, prior to final plat approval. This analysis must be reviewed and accepted by the City of Colleyville Engineering Department at that time. Parkland Dedication Fees. Parkland dedication fees are required, in the amount of $1,802.00 per residential lot, for the five lots where new homes are proposed. Parkland dedication fees are due at the time of final plat approval. The fee must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not due. The developer will be constructing a new street as part of this subdivision. Landscaping and Tree Preservation. Trees not located within the right-of-way, easements or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A preliminary tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Summary. The proposed development satisfies the requirements of the Land Development Code. The Black Drive right-of-way conveyance indicated on the plat must be approved by City Council before the final plat can be approved. Since the plat contains more than four lots, the preliminary plat requires additional approval by City Council. Recommendation Approval City of Colleyville Page 2 Printed on 1/8/2009 Location and Zoning Map 4 ~~ _._ _ - ____- -T-.--- 301 R4 ~~ 00 ~ 3U4 3 ~, _~. -~, ~-.~r~"...r 4807 I w` ~ _ _ _____ ~ ~ ~i_?u 4709 '~ 4708 ,~ 4707 Si.~t~ject Prc-perty Pua~ ~' 4709 4700 ' 4004 47i);; ~~ j ~ ~ X1703 4703 } 2C12 "~ 20~ ! 206, 20~ I X10 ~ - - ( ac _ ~ ~ ~ r __~~~.. ~ i 4701 -~ __ 4.01 ~ -_- 20.0 itLC W~~~ CT _ _____ I 4609 - -__ __ ~ X07 I '' d it- ~ 4605 ~ 201 -~'~~ ~`~~._ _._. _- ____~~~ ~~ 4607 ~ w~r ~ ~ ~' 46U4 i 1-~ ~ - - - ~~~ ~ ~t~~ ~~ ~, _ _ t.. ~ 1 460. € i` 1 i i CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE Monday, December 22, 2008 TO KEITH HAMILTON EMAIL FROM Justin Bass, Planner SUBJECT PC09-001 Black Drive Subdivision 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. The final sentence of the metes and bounds description needs to be revised to reflect the correct acreage and square footage of the subject property. 2. What will happen to the existing accessory structure on the lot? 3. Lots measuring a minimum of 200 feet in depth must provide a 16 foot rear drainage and utility easement per Chapter 9 of the Land Development Code. 4. Correct the Planning and Zoning Commission certification block to read as approved in 2009. 5. This case must be reviewed and considered by the City Council. Include a City Council certification block with 2009 dates. 6. Prior to submittal of a final plat, the proposed right-of--way abandonment request must be approved by City Council and new property ownership must be determined to assure the proposed properly boundaries of Lot 1, Block 1 Black Drive Subdivision are correct. 7. Utilities in the right-of--way must be addressed prior to abandonment. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees may be due for this development. Contact Jeremy Hutt, Senior Project Engineer, at 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 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE PC09-001 BLACK DRIVE SUBDIVISION different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. WATER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION. Parkland dedication fees are due before the final plat can be filed. The fee is $1802 per residential dwelling unit. SIDEWALKSITRAILS. The Land Development Code requires sidewalks along Black Drive. The sidewalk must be a minimum of four (4) feet in width and installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, January 12, 2009 7:00 PM City Council: Tuesday, February 3 and February 17, 2009 7:30 PM Please sign the Record of Acknowledgement provided below and submit it with the following to our office: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, January 02, 2009, in order to make the scheduled hearings. Please contact me at bassj_(cr~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 1 OF 3 DEVELOPMENT REVIEW COMMITTEE PC09-001 BLACK DRIVE SUBDNISION Recot~tl of ~.rknc~«~lecigeme><~t i:'c7'~'t' i'E?t7t~ i~7~E?.~£l'C?~r5~7?:C?7^,?`.~C''-1~.~[tr.' ~"{,7rr7.F;t•r;t,E~ ir~r'..77'{J Z?7 itS t?'tt7°£:`^i :7kff' ~F~~k' tTC.^7.~?a711Ta7E'~,~Tr2 .rr CU?i'?NeE'Y,~S `I,_rr ,aQ1R JE+E'%. ~tJ?'e5E:7,ti.:/: _`Pi+. I :7750 LtYIf~E~T'Sic7?.[. ,. ~+~ I~Y7£'ll~ i71]'C7%'?j*[j,~?(7?Z +~£''~COJ1dEtS CZS'CIi~CIh:£? (77" tl'k-? i'E<1~rs;:;~' _ Ci~'_~. t.. ,~.''~3..~ ~ .`iTI li%t7~S C?-i4?3Yi 7:~'l," ,S3a~Ti:~'!~'Gt7 .~f7 e'~'iki' ~C7?Y.77~ir~li.h ~£'ZE..'C7~~r,%!E?7.7 Z)E_~t. '!?.;'£ ''7£? C"CTSE? fi7i."il t~'Q S?d~~~£?L" IC7 .f?r??'T 1~t' 7'+F~3D'?wE?11= L]!f7clF ~ J ~ t llf1IID:07:~? ? £'t?lf;: ~.7>iE'?:: r3 T7L7!' t).t 'Ca~C' 1L { ?.. t: FS ?F'E?377Q.. PRY"iZlt~C~ ~ ~Y3hB ~I~I3~ttf:'8 ITSSL PAGE 3 OF 3 Applicant's Response HAMILTON DUFFY, P. C. Civil & Environmental Engineers • Planners • Construction Managers December 29, 200$ Mr. Justin Bass, Planner City of Colleyville l00 Main Street Colleyville, TX 76034 RE: PC09-001 Black Drive Subdivision Dear Justin: As stated per your DRC Review Letter, we are providing ten (10) full size and one (1) reduced ($.5x11) copy of the revised preliminary plat along with this letter to your office for review. 'Three (3) copies of a tree survey/mitigation plan have also been provided. Finally, we have also attached a signed copy of the Record of Acknowledgement for your records. We have responded to the DRC Review Comments letter dated December 29, 200$, in Bold as follows 1. The final sentence of the metes and bounds description needs to be revised to reflect the correct acreage and square footage of the subject property -Acreage has been corrected and updated on the face of the Preliminary Plat. 2. What will happen to the existing accessory structure on the lot- It will be demolished and removed from the site. 3. Lots measuring a minimum of 200 feet in depth must provide a 16 foot rear drainage and utility easement per Chapter 9 of the Land Development Code -Added 16' drainage and utility easements along the rear of each lot. Also revised the south line of proposed Lot 1 to include a 16' wide utility and drainage easement and removed the previous easement plan. 4. Correct the Planning and Zoning Commission certification block to read as approved in 2009-Corrected here and throughout the rest of the plat. 5. This case must be reviewed and considered by the City Council. Include a City Council certification block with 2009 dates -Added the City Council Signature Block and updated face of plat. 6. Prior to submittal of a final plat, the proposed right-of--way abandonment request must be approved by City Council and new property ownership must be determined to assure the proposed property boundaries ofLot 1, Block 1 BIack Drive Subdivision are correct -Noted. 7. Utilities in the right-of--way must be addressed prior to abandonment -Noted. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees may be due for this development. Contact Jeremy Hutt, Senior Project Engineer, at 817.503.1094, for more information -Noted. 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 8241 Mid-Cities Blvd., #104 North Richland Hills, TX 76180 Phone: (817) 268-0408 Fax: (817) 284-8408 Mr. Justin Bass Page 2 DRC Review Comments PC09-001 Black Drive ,Subdivision December 29, 2008 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 aCity-Developer Agreement -Noted. ROADWAY Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. WATER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon land use. See Chapter I3 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering deparhnent. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan -Noted. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right..-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing maybe comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period -Noted. PARKLAND DEDICATION. Parkland dedication fees are due before the final plat can be filed. The fee is $1802 per residential dwelling unit -Noted. SIDEWALKSRRAILS. The Land Development Code requires sidewalks along Black Drive. The sidewalk must be a minimum of four (4) feet in width and installed when any new structures are built on the property -Noted. We hope that we have addressed the concerns to your satisfaction. If you have further questions, please contact our office. Sincerely, HAMILTON DUPFY, P.C. Keith Hamilton, P.E. DEVELOPMENT REVIEW COMMITTEE PC09-0018t.ACK DWVE SUBDMSION Record of ~ckr~o~~ledgemet~t I hm~ read ripe I3~°eloprne~t Rev~ic~,t~ CQxnnrrtittca~a nterrto ara its ,sratiret~r anr.~,f rJltr aco~+=ledge ail conrrreMrs ti.at 1±cr,~e bse=~ prese~:tetl hereatr. I nPsa unde~rste~rrd theta a~ new irtfamratiar. ~ecorres ~,•ailabte or tF~e ~~r~uast is cr'ter•e~ frorrr zi~laat vas or-igifrcrl~ szrL~rrrltted to the C`orr.~rruriitt Dc~~e.'opn:e*~r Ddpn,~r~n~r,~, tlr~r a<sa3 rrtrr>, be sac~,Tect to ~crrhor re~~ew czrrd erdrlitior:al rectirirenre~a's raot xrtcAt~ci'e~r1' ~a~iti'aars t~:r rr.er~o. ~~~ ~ a ~ ~-1~.in~ ~~ 1~. ~. 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'°~ City Hall ~~~1~~~; _ City of Colleyville 100 Main Street Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 01/12/2009 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat of Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case PC08-002 Attachments: Location & Zoning Map Notification List Development Review Committee Memo Applicant's Response Plat Exhibit Ordinance 0-08-1695 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/12/2009 Planning and Zoning Commission Title Approval of a replat of Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case PC08-002 Explanation Roger Hart is the applicant of a 0.64 acre tract of land located at 1117 Glade Road. The applicant submitted a request for approval of a replat that will consist of one commercial lot. Zoning. The property was approved for a rezoning request from the R20-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district on December 2, 2008. The lot meets the minimum requirements of PUDC Ordinance 0-08-1695 and the Land Development Code. Replat Requirement. This applicant was required to replat this property prior to development based on language found in Section 8.145.A in the Land Development Code, which states, "A replat submittal shall be used when a previous platted property is proposed for redevelopment." The change in zoning and subsequent proposed demolition of the existing residence constitutes redevelopment of this property. Parkland Dedication Fees. Parkland dedication fees are not required for this plat as there is an existing building on the property. City of Colleyville Page 1 Printed on 1/8i2oo9 A enda Briefin Continued Sidewalks and Trails. The Colleyville Pathways Plan requires a 5-foot concrete pathway be constructed along the frontage of Glade Road. The sidewalk will be located in the dedicated right-of-way and the applicant will be responsible for construction prior to a Certificate of Occupancy being issued for the property. Perimeter Street Improvement Requirements. There are no perimeter street improvement fees due since there is an existing building on the property. Tree Preservation. Trees not located within the building footprint must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Public Notification. Staff mailed notices to eight adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters regarding this request. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of Ordinance 0-08-1695 and the Land Development Code. This replat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 1/8/2009 Location and Zoning Map ~ ~,~~ 1 1 ~~0~)4 ~i 0 ~___ ~r~13 i __ . __ I ~i7r~ ,`' ~~ "~ i1t1 ~ 11 Cl~l PUDC! ~ ____ I..~.~ 1'1?1 112~~ ~_ ~__ ~, 12n 1 '~ -~C] 13 ~ j ~n~ ~ - __~ 50C~~ ,~ _ 1 ;' ~oa1 j PUQR 1132 1L `1213 `12 i] ~;a 1 ~ "~ ~ ~1 109 ~~ 1113_ ~ ~1 ~~ •1 ? ~ ~1 `17'1 ~ ~ , _.~ - - __ ___ ~ ~ ~ ; .~.1 "iri 11i=1~ ~i 11~~ ,~ 111 ~; 111F~ ~ 1 5 ~ _~ ~~ ,. Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Grisso, Terance R Etux Candice 3505 Meadowlark Ln Colleyville TX 76034 001205 Glade Rd Rika, Sennear Etvir Tony 1201 Glade Rd Colleyville TX 76034 001201 Glade Rd Premier Office Equities 1450 Hu hes Rd Grapevine TX 76051 001117 Glade Rd Robert Salter Family Lp 209 W 2Nd St # 377 Fort Worth TX 76102 001105 Glade Rd Edgell, Keith A Etux Amy Beth 1116 Jo Carol St Colleyville TX 76034 001116 Jo Carol Ln Quintero, Agustin Etux Blanca 1112 Jo Carol St Colleyville TX 76034 001112 Jo Carol Ln Trachier, Steve Etux Connie M 1108 Jo Carol St Colleyville TX 76034 001108 Jo Carol Ln Peterson, Barbara Lisa 1104 Jo Carol St Colleyville TX 76034 001104 Jo Carol Ln Roger Hart, applicant 135 Sheffield Dr. Fort Worth TX 76134 applicant Public hearing notices were mailed on Friday, December 26, 2008 by Amy Shelley. Signature CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE Monday, December 22, 2008 TO ROGER HART EMAIL FROM Justin Bass, Planner SUBJECT PC08-002 Sunrise Terrace 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. This plat should be titled as a Replat, since it is an existing platted lot in Sunrise Terrace Addition. 2. Indicate the Point of Beginning on the replat. 3. Remove the City Council certification block. Only approval by the Planning and Zoning Commission is required for this replat. 4. Increase the size of the scale of the drawing. The plat is difficult to read at this scale. 5. Remove the copy right on the plat. Plats are considered public documents. 6. Indicate and label the location of the 24 foot mutual access easement required by Ordinance 0-08-1695. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees may be due for this development. Contact Jeremy Hutt, Senior Project Engineer, at 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 aCity-Developer Agreement. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE PC08-002 SUNRISE TERRACE ROADWAY Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. WATER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION. There are no parkland dedication fees due for this property. SIDEWALKSITRAILS. The Land Development Code requires sidewalks along Glade Road. The sidewalk must be a minimum of five (5) feet in width and installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, January 12, 2009 7:00 PM Please sign the Record of Acknowledgement provided below and submit it with the following to our office: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, January 02, 2009, in order to make the scheduled hearings. Please contact me at bas~na ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE PC08-0O2 SUNRISE TERRACE Recat•d of ~ickna~ti~ledgement I Irnve r~rrcl tlr~ L?c~~c~lo~rrrerrt R~ia~x~ C;'orrrrrritt~e rrr~rrro irr its errtireh~ rrrrrl firlTv ccck-rro~s~l~clge crll corfrrrr~rrts tlrrrt trcrvc? I~ePrr ~~r-c~s~ntecl Irer•eirr. f also trrrrier-sstrrrrcr' tlrcrt if rrcna~' ir~or-rrrrrtiorr hsconr~s ntlailcrlle. or- tlr~ r•ec~zrest is crlter•Errl fr°orrr ~ti•Ircrt 14~cr~s or~igirrrrl~p' sral~rrritt~~ to the Corrrrrrrrtr~t L?~v~lo~rrrr~rrt I7e~rcrrtrrrerrt, tl1E~ terse rrrcn> Zre srrt j~ct to ,~.rr•tlrer- r•~:~.~; ~rrrcl rrclditiorrtzl r•er~rrir-errrerrts riot irrc lrrelerl tivitlrirr tTais rrrerrro. Px~ixxtecl'.~<axne Signahix•e L1ate PAGE 3 OF 3 Applicant's Response ~: ~. ~~ December 31, 2008 Justin Bass City of Colleyville 100 Main Street Colleyville, Texas 76034 AREA SURVEYING, INC. Surveying / M a p p i n g 135 Sheffield Drive /Fort Worth, TX 76134 Voice: 817.293.5684 /Fax: 817.764.2328 www.areasu rveying. co m RE: PC08-002 Sunrise Terrace. Dear Mr. Bass: We have reviewed the Development Review Committee report on the referenced project. Please find enclosed ten copies of the revised plat which addresses each of the comments. Sincerely, cir' Eldon Thames ~~.-_ ~EC~I'~~'~i:1 ~'~a .........,t.. DEVELOPMENT REVIEW COMMITTEE PC08.002 SuNwsE TERRACE Record of ~ct;no~~~iecl~ement 11r(rrP 1"P(r(1 tl!(' DPt`c'lOJ.11r1PJ1f 1\C~1'Tt?n' C OINllrlilNt? T!lP111U TJf TtS PrltiT'Ptl' au(t.tirTh• (rckuv~rledge (Ill c'onrulPJrls JTrlfl 1rClt'E~ ])(?PJl ~Tl't'S(~111F?r'1 Ir!?r't?ill. I (rISC) t/11(1P1'.SI(JJr(I II1Qi if NP16• I11~0T'!)i(rtlOlr bPc'orJrars (n~rril(rbJc= or tTrP T°c~grrc>st is (rItPT•PrI fTY)rrr ~t~A(N uvrs origillnl)r srJbrrritte rl rn rlrc' ColJrnrrruin- 1)cn'~lopnreTrt Uc'~(Irnrlc'ut, r1rP c~rrsP ru(lr ZTP suvjPCt to .fin•theT- rcn•ic'~r (nr(1 (r(1(litioTrn/ rP,quireluc~Trts Trot ilrrlrr(1P(1 u•itlriTl this nrc~Jrrc). EL /~ O N ~ A- ~' S ..~Pr~inttd \ ame Sistt-anttY Date ~P° AGpE~-3 OF 3 :i~~:_~' ~` ._.er,.<.~~_.. Plat Exhibit ~ ~ ~ Q Q ~ .. {d qp (q p p ,/. N ~~ J , ~ ~+ l' ~~ x w '~ r , y ~ ~ en F L C' ~ ~ ~ ~' "' w x Cj ^ A x ~i H ~T' ^ P N ~ ~' n. ry I. ~ ~ ~ x ~ a C -' ~~~ ~~ m n~ ~o ~. - w ~ ~ I ~~ qq X'+ & c. N ~ E~~ ^ ~ ,O m w u o S, ~ ~ ~ ~ ~ 6. ~ o ~ ~ y' .o 5 p WmT !N N - ~ q 3 s, ~. ~, ~ - r l n 9 ~ O N U t0 (I~ B H > ~ ~~ 3 o an o rn o " m ~ ~ ° o ~ ~ rn 11- a O ~ Ut O ~ ~ ^~i ~ G ~ n ~ °~' O ~ ~ :-' ~ _ ~ 9 g n ---------- CyC ~. W ~ y ~ ~ ^ n w tY ~c~'~, t" c I 07 0 ~J ,`p ~. m ~ ~ ~~C ~ ~*~j .°ri i ,II N f (fin r ] S; ~ ~ ~ 3 ~ ~ Lot 2, Block 1 , SUNRISE I I I ~ ~ ~ g v~ ~~ m '~ ~ rn ~~ I~ TERRACE, (Section One}, i ~ ~ N m D o ~ ~' ~ ,`;~ ~• v ~!" CA I vmi Volume 388-31, Page 66, I I i :-1.r>- ~` F ~ o i fD N'~ ~ n ~ °°^ ~ j~ P.R.T.C.T. i I ~ o ~ tv ~ ~ ~ I ~ x. i ¢ '0 y ° ~ r--jj ~ IV ~7 ,~Ati ' N I ^ _ ^ n ~ 8 to O C l m N \Y^ J I rn z ~p 0 A ~~ ~ ~ l I .A ;., ~m CJi ~ i D O A O_ o'v, ~ toz ~ ~ ~'1 Dz I~ I vcn~mN 7 ~ m ~ ~ o° n W ~`~~ ~a ~ I w~ rv o ~' c.+ rni m ~_ ~ ~ l l cn 1 ~ Ut ~w O ~' _ _ n o ~ Ei~ (7 _, n ~ n o , I ~ U ~ .« I a7 d. A T7 r '+ ~~ -~- -• ~ ' ' r r LD 2 ~ ~ O ~ i ~ ZO't9i 3,5,0£.005 SILti ~ i '-n.~N=~''~~ ~ -°n rn~ m i ~ Lot 4, Block i , SUNRISE ~'I ` i c;,, a ~'c a ~ -°' ~ ~ TERRACE, (Section One), ~I ' ! - ~ ~`' ~ N i I-- -- ---- -- -- r.~ Volume 388-31, Poge 66, S c. P.R.T.C,T. 0 1y -VV -i Y A 8 S 62 $ QT o~S ~' ?1D ~ ~ a N so o ~ r-+- ~ g ~~F a ~~~~~~g~~g ~ ~~ ~x ~ Ws 8~~' ,; ~° nyU~ rt~ n°vo ! ~ Cr1 s ~ ~~~a3 '~~ ~ ~ P $ ~o z t ~ 6 ~ ~ ~H ~ ~ n f ~~ ~'~ ~a. ~ 4w ~ gym A to ~ a. `-~ n rn `~ ca O ~ ~ ~ yyy 9 R ~ 3 g .~ J N ~~•~O~ m ~ ~ ~ 0 5~~ ! g~ ~~'q ~rlgk ~ ~. R ('S~ R 2 ~~it- oica G1.S~ ~'am ~ ~ ~' ~. ~V ~~.s~ ,~~ s~ - ? a p ~~ffiS rn io C a o m .~ ~ w ~. 3~ A9 ., ~ g Q, w 3 ° ~ ~ . aw ~'~ o am 8 $a~9 ~~ ° e ~ ~ E"' Wrn O ~ ~ ~ ~ o ? ~ ~~d ~ ~ ~ °~e Cu A to N ORDINANCE 0-08-1695 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.64 ACRES ON LOT 3, BLOCK 1, OF THE SUNRISE TERRACE ADDITION, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-017; and 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 ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, 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 Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1695 Page 2 of 5 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoingrated i to the bod dof9his ord Hance as f copiednn correct and are mcorpo Y their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of .64 acres on Lot 3, Block 1, of the Sunrise Terrace Addition, from the R20- Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map; Exhibit "B", labeled Conceptual Site Plan; and Exhibit "C", labeled Building Elevations. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. G_ ENERAL a. The purpose of this PUDC is for a professional office building. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The layout of the development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the final replat. b. The developer shall submit and receive approval from the City, a final replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. Ordinance 0-08-1695 Page 3 of 5 3. PERMITTED USES a. Uses allowed in the CPO-Professional Office Commercial zoning district. 4. COMMERCIAL BUILDING ELEVATIONS a. All structures shall be generally consistent with the building elevations, attached as Exhibit "C" as shall, otherwise, meet the minimum building design requirements of the CPO-Professional Office Commercial district. 5. COMMERCIAL LOT REQUIREMENTS AND SETBACKS The subjec# commercial lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size 20,000 square feet. b. Minimum Lot Width 175 feet. c. Front Building Line 40 feet. d. Side Building Line 15 feet. e. Rear Building Line 20 feet. 6. SCREENING AND LANDSCAPING a. An eight (8) foot masonry wall shall be constructed and maintained along the rear property line adjacent to single family residential used properties prior to issuance of a certificate of occupancy. b. Nine (9) trees, measuring at least three (3) inches in caliper and spaced a minimum of 20 feet apart shall be planted within the 20 foot rear greenbelt. c. Four (4) trees, measuring at least three (3) inches in caliper, shalt planted within each 15 foot side greenbelt. d. A minimum six (6) wood or masonry fence shall only be built along both side property lines adjacent to property used and/or zoned as single family residential. The fencing shall not extend beyond the front line of the main structure. The fencing shall not be required upon a change in zoning or use to commercial on the adjacent properties. e. All landscaping shall meet the minimum requirements of Chapter 4 - Landscaping and Buffering in the Land Development Code, except where amended herein. Ordinance 0-08-1695 Page 4 of 5 7.OPEN SPACE a. This development sha11 provide not less than 30 percent common open space, which shall generally be configured as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. 8. SIDEWALKS a. Sidewalks, five (5) foot in width, shall be required along Glade Road and installed prior to issuance of a Certificate of Occupancy. 9.OTHER a. The building shall be limited to one-story and allowed no more than two (2) tenants at any given time. b. A 24 foot mutual access easement shall be provided along the entire front of the properly to allow for future connectivity to the lot. c. No dumpster shall be placed on this lot, for any purpose, including for garbage, refuse, or recycling. d. Lighting along the rear of the building shall be limited to security lighting, not to be a nuisance to adjacent residential properties. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. 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. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance sha11 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. 8. 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. Ordinance 0-08-1695 Page 5 of 5 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first r ading and public hearing being conducted on the --~----- day of ~"7~ ~.~--. ~,..r~c J 2008. ,i sec nd reading and public hearing being conducted on the ~ day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE ~,--U David Kelly Mayor EXHIBIT "A"- Location and Zoning Map -~ ~ . iyn4 1=1\'ER JnL*'• _~_ ~ i1 ,- , 1 ~'' 19U9 4113. 111? t'32t ~~ YJti'1 i _~..~ `..: ' 11ea "1~'8 ~ 1'if2 ''5115 11~! - --.. .._. _ . __ ~t>~s tix l~ I ~'~ I I ~ ~ ,. ~ ~ C ., 74(}:~~ ~ 74_(x{ 111 ~ i41T SF~1~ ~o x~ ~ P`Ut~ ~ „~1 ~k4;e ' ~.~,,...~.~.. q :2'~ Iii 5040 ~ o {~[ ~ 1103 712. 11'16 '~ ~ ~~~~.. --- . ,~5,, ., ~. ~ . ~ ~ ~ ;:PUO~' '..., ....~ t ~~~ ~_~ '~ --_...__ /~ _ _ ~ i 1 ~F. . ~. ~ ;.. 1 \ ,~__._ ' ~,` ~ ~ ~ y.. \ ... i~ ` ~~ \ fJ ~~ ~~ ~'` ) ~ ~~ .,r~ ~ ~ ,,. ' n1? ~ ~ ~ ~ 1101. ~lo>, ~ E..~: '1100 ~ ~ I'~~,a ~~'~ ~ ~, l - - . ~- - 1 ~ _ ,-------- _r_ . ___r"' -~ _._._~_Y__. _._ .. _-^~ - -#4 ~ i r_~ ------ ~ _-- E I<~, ii:~n ti'1'~. __ ~ 1 J{ i '~ If J 120s f r ` tiff; ~ ~((( 11 DJ IsW 71 J_ i ~ ~~ f- I I '~ __ _ ~f / '^~ f t . ~ tr' ,~~~ ~ ~~~~~ ~, _ _,-. w _~ ~ ~' .._ ~r -___ - -r '' ~ _- --- - ~ 1101 11~ ~ I+na l 1113 1~" \ i EXHIBIT "B"- Conceptual Site Plan .. ~~ ~. ~vr T c~ ~~~ ~ i ~ ~) ~i ~~ ZI ,+ sea w i ~~.`~ m ~'..; I ~~ _~ 111"1 1...~~~ ~~~ EXHIBIT "C"- Building Elevations „ ,, ~~'' Clt of Colle ville 100 Main Street Colleyville, Texas 76034 ,~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 01/12/2009 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Attachments: Single Family Residential Properties 40,000 Sq.Ft. or Larger Proposed Amendments to Section 3.26 -Land Development Code Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/12/2009 Planning and Zoning Commission Title Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Explanation Within this item, staff proposes two amendments to Chapter 3 of the Land Development Code. The first addresses Section 3.26 of the Land Development Code, which regulates the erection of fences within the City. One component of the fence regulations is the restrictions regarding fences constructed within the required front yard setback. Section 3.26(D)1 states: "No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the following requirement." The purpose of this regulation is primarily for aesthetic reasons in order to keep the front yards along street frontages open and unobstructed so as to resemble a greenbelt. Most cities within the United States have similar requirements. Currently the only exceptions to this requirement in Colleyville are perimeter subdivision fences (including platted "single-lot" developments), which may be built up to eight (8) feet within the required front yard setback. Based upon the volume of fence variance requests, staff recognizes a potential area of enhancement to the Colleyville fence ordinance as it relates to the location and height City of Colleyville Page 1 Printed on 1/8/2009 Agenda Briefing Continued regulations stated above. The Zoning Board of Adjustment (ZBA) is responsible for considering fence variances. As an appellate body, the ZBA is bound by the State of Texas and the Land Development Code to only approve variances in the instance that a true hardship exists. Since 2000 the ZBA has approved 29 (38% of all variances granted) front-yard fence variances to Section 3.26(D)1 of the Land Development Code. Given the disproportionate of number of fence variances, staff recommends amending the Section 3.26(D)1 to allow fences up to eight (8) feet in height on lots containing a minimum of 40,000 square feet. Of the 29 variances, 10 were granted on properties containing more than 40,000 square feet. The following language has been drafted for City Council consideration and review: D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the following requirement: a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lot a house shall be deemed to face on that street on which it has its least dimension unless otherwise determined by the Building Official. c. Exceptions to front yard requirement Lots containing a minimum of 40,000 square feet shall be allowed to construct a perimeter fence within the front yard setback Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twentyfive (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph "1 .a" above. This exception shat) not apply to properties zoned as a PUD district. Gate setback Any pate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to prevent backup. along the street pavement Sufficient distance shall be determined by the Building Official. The recommendation of 40,000 square feet as the minimum lot size for a property line perimeter fence is based on research and analysis of the attached Colleyville map. In this map, those residential properties that meet the minimum square footage recommendation have been highlighted. This recommendation excludes most properties located in typical Colleyville subdivisions, where such fences would take away from the "greenbelt" aesthetic of the front yards of the neighborhood. Staff has also added a provision to ensure that any gates constructed as part of a fence permit will be setback far enough away from the street to prevent a vehicle from blocking traffic while waiting for the gate to open. City of Col/eyville Page 2 Printed on 1/8/2009 A enda Briefin Continued The remaining changes to this section proposed by staff involve removing minor discrepancies and adding language to clarify the ordinance. All changes are shown in the attached "mark-up". The second amendment proposed by staff is to Section 3.27.C -Residential Carport Regulations. Carports may not be built without the approval of a special use permit by the City Council. The current language in the Land Development Code states that "the City Council may approve a request" for a carport. Staff recommends the following amendment: "Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Collewille without approval by the City Council west for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings." Recommendation Approval City of Colleyville Page 3 Printed on 1/8/2009 ~_ N O ^L I..L ~~-+ .~ ~~/ I..L. .~ '~ VJ W z Proposed Amendments to Section 3.26 Colleyville Land Development Code Section 3.26 Fences, Free Standing 1~1ta11s; acid Screening Materials A. Sco e 1. This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 -Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Requirements/Prohibitions for all Fences and Free-standing Walls 1. Screening Required in Residential Districts: Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with screening elements and fences of not less than (8) feet in height. b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot. c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. d. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened1 Proposed Amendments to Section 3.26 Colleyville Land Development Code with a solid fence, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. Such fence shall consist of wood or masonry materials, or a combination thereof. b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1 /2) feet. c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. d. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height. e. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use. f. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. 3. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit "3-1". THIS AREA MIST KEPT CLEAR AND NDt IE Ai.tOYR:D DBSTAUCT THE YI OF MgT0RIS1 Exhibit "3-1" Obstructions Prohibited 4. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit "3-2". Page 2 of 6 Proposed Amendments to Section 3.26 Colleyville Land Development Code STAEEi a.o.u~ 25' ea ~blEk i , i'151RILITT TRI~IIIfiE tQT TO RE KfTT CtEJVR Of 1'F'XIIL ~USTMICTI4113 ~AOPERT4' L111E Exhibit " 3-2" Visibility Triangle 5. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 6. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 7. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. 8. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit "3-3". ~1'11RrA /EYORD THE CITY STREET / 1~r#,RTT LIME Jf 8'MIER'S 1dE AESf4ASJELE • ~ ~~ W MJ•IrtTJtI~, iYfl~t I DAU6 I fROR 1E JIASS~ FIGURE 3 C117 iTRfET p~~.l.Y p~,lggrs ~E,~+T Exhibit " 3-3" Property Owner's Responsibility 9. Public Property: No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 10. Floodway Permit Required: The construction of a fence or wall in a Floodway as shown on the most recent revision of the "Floodway -Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 11. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or Page 3 of 6 Proposed Amendments to Section 3.26 Colleyville Land Development Code a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the following requirement: a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lot a house shall be deemed to face on that street on which it has its least dimension unless otherwise determined by the Building Official. c Exceptions to front vard requirement Lots containing a minimum of 40 000 square feet shall be allowed to construct a perimeter fence within the front vard setback. Said fencing shall be no greater than eight (81 feet in height and shall have no ctreater than twenty five (25) percent solid canstruction within the front vard. Allowed construction materials shall be the same as paragraph "1 a" above. This exception shall not apply to properties zoned as a PUD district. Gate setback Any pate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to event backup along the street pavement. Sufficient distance shall be determined by the Building Official. 2. Corner Side Yards: Except where allowed elsewhere in this chapter f^r r,crimo+~, " ,fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the property line, except on any lot having either a required side yard less than fifteen (15') feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the side property line; or Page 4 of 6 Proposed Amendments to Section 3.26 Colleyville Land Development Code c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15') from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3') from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph "1.a" above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit "3-4". ~LJ_ ~ ~ ' 25' City Street 15'~ City Street (1) Set-back established by district regulations Exhibit " 3-4" Typical 15'-0" Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph "1.a" above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit "3-4". E. Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit "A".: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; Page 5 of 6 Proposed Amendments to Section 3.26 Colleyville Land Development Code 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Exhibit "A" ~ I Side Yard J Setback Line Dwelling _~ ` ~ Unk I Front Yard ~ Property Setback Llne L. Line- ~ - ~- 10 Feet 10 Feet Wing Wall 20 Fae F.€:Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit -Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Page 6 of 6 ORDINANCE 0-09-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.26 AND 3.27, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE 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 Council amended Ordinance 0-00-1214 on July 18, 2000, by enacting Ordinance 0-00-1223 relating to Chapter 3 Land Use, Section 3.27, of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-00-1223 on February 20, 2007, by enacting Ordinance 0-07-1608 relating to Chapter 3 Land Use, Section 3.26 of the Land Development Code; and 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 ordinance by amending the Schedule of Permitted Uses and the Parking Requirements; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; 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 Ordinance 0-09-XXXX Page 2 of 3 Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 3, Land Use, Section 3.26 and 3.27, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached Exhibit "A". Sec. 3. THAT Ordinance 0-00-1214 and 0-00-1223 of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. 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. Sec. 5. 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. 6. 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. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-XXXX Page3of3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" 'Section 3,26 Fences, Free Standing Wal~s°,,,~,:' ; t:ireening Materials A. Scope This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 -Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Requirements/Prohibitions for all Fences and Free-standing Walls 1. Screening Required in Residential Districts: a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with screening elements and fences of not less than (8) feet in height. b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot. c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. d. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened1 with a solid fence, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. Such fence shall consist of woad or masonry materials or a combination thereof. b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. d. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height. e. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use. f. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. 3. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit "3-1". THIS AREA MIST KEPT CLEAR AND NOT IE AtI.OMED OBSIRUCT THE YI OF 1~1ORIST Exhibit "3-1" Obstructions Prohibited 4. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit "3-2". STREET 1t. G.uL 2S' --L-----r-~ 1 _ Tf-~-~ - -- Ba~~L `i ~ YISIRIIITY TRIy1GLE LbT TO EE KfTT CtE,IR OP 1'IS1~L 41i51'RUCT141tS ~ AOPERTI~ LIRE Exhibit " 3-2" Visibility Triangle 5. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 6. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 7. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit "3-3". ARFA NE10RD THE CITY Sf~EET 1~f€RPf LIirE 8'MME1's J~RE AE8~0#SJR1.E ~S. + iQ M~4ikTH~, i T71ik, j oa~e I FROM R~ LOTS --~.~~ - FIGURB 3 CiTT STREET 1y80PBb1TY OWH~'$ $~a['l]b7$I Exhibit " 3-3" Property Owner's Responsibility 9. Public Property: No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 10. Floodway Permit Required: The construction of a fence or wall in a foodway as shown on the most recent revision of the Floodway -Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 11. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the following requirement: a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lot a house shall be deemed to face on that street on which it has its least dimension unless otherwise determined by the Building Official. c Exceptions to front yard reguiremenfi Lots containing a minimum of 40 000 square feet shall be allowed to construct a perimeter fence within the front vard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty five t25} percent solid construction within the front vard. Allowed construction materials shah be the same as paragraph "1 a" above. Thos exception shall not apply toproperties zoned as a PUD district. Gate setback: An ate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and_ to prevent backup along the street pavement. Sufficient distance shall be determined by the BuildingOfficial. 2. Corner Side Yards: Except vvhere allowed elsewhere in this chapter #er--per+~eteF ~~ ,fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the property line, except on any lot having either a required side yard less than fifteen (15') feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15') from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3') from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph "1.a" above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit "3-4". I ~' --- -~ I) ~-25' City Street 5' 15'~ City Street (1) Set-back established by district regulations Exhibit " 3-4" Typical 15'-0" Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph "1.a" above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit "3-4". E. Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit "A".: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Exhibit "A" ~ ' Side Yard I ~ Setback Dwelling Line ~ , Unit -~ Front Yard i Properly ~Setbaek Llne L Line- ~ - ~-- 10 Feet ~/10~ Feet WIn9 / Wall E!39 F.1= Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit -Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Section 3.27 Accessary Buld-ng,~n~t 1~"+;es~~ ~~arport R~gulatians The following regulations shall govern the location, size and use of accessory buildings: A. Accessory Buildings Located in Residential Zoning Districts (0-00-1223/07/18/00) 1. Permit Required: a. A building permit shall be required for any accessory building which exceeds one hundred and twenty (120) square feet. However, all accessory buildings containing 120 square feet or less shall comply with the height and setback requirements of this Section. An accessory building shall only be allowed as an incidental structure to a principle building unless the accessory building is located in the Agricultural District. b. For the purpose of this Section, the term accessory building shall include detached residential garages and pool houses, but shall exclude a carport (see Section 3.27. C). 2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Maximum Square Footage of all Accessory Buildings Lot Size Under .5 ac .5- .99 ac. 1 - 2.99 ac. 3+ ac. Total s. f. 750 s. f. 1,000 s. f. 1,750 s. f. 2,500 s. f. b. For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. c. An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP). d. An existing accessory building may be remodeled or expanded provided the combined square footage of all accessory buildings does not exceed the maximum square footage allowed. However, an existing accessory building which exceeds the maximum square footage allowed may be remodeled or replaced with a new accessory building, but not expanded or increased in height. e. There shall be no physical connection between accessory buildings and a minimum separation of three (3) feet between accessory buildings. 3. Setbacks: a. No accessory building shall be erected in any required yard, as defined in Chapter 2 - Definitions, except as set forth herein. b. Attached accessory buildings -Accessory buildings erected ten (10) feet or closer to the principal building shall be considered attached, and shall comply with the setback lines established for the applicable zoning district. For the purpose of this regulation, the distance between buildings shall be measured between the nearest wall surfaces. c. Detached accessory buildings - A detached accessory building shall comply with the setback lines established for the applicable zoning district, unless the accessory building is located totally behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line. 4. Maximum Height: No accessory building shall penetrate a vertical height envelope defined as being a point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a 45° angle to the height of the primary building. 5. Permitted Uses: The use of an accessory building shall be consistent with the permitted uses of the applicable zoning district, except, no accessory building shall be used for dwelling purposes other than for domestic servants employed for the premises, where permitted by the district regulations. 6. Special Use Permit Provision: Any request for a building permit for an accessory building which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. B. For Accessory Buildings Located in Non-residential Zoning Districts 1. No accessory building shall be erected in any required yard area except as set forth by this section. 2. No accessory building shalt be erected within ten (10) feet of any other building unless such accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot be located within fifty (50) feet of another building. 3. Commercial kiosks as accessory uses and/or buildings may be located within approved nonresidential districts subject to the following conditions: a. Maximum size of two hundred-fifty (250) square feet. b. No inside sales or service or drive in sales or service; walk-up and/or drive-up service permitted. c. Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other equivalent material, provided metal material does not exceed twenty-five percent (25%) of the exterior walls. d. Located within required setbacks and in conformance with this section. e. Located in such a manner as to not impede, impair or endanger vehicular traffic on the property where the kiosk is located and for vehicular traffic ingressing from and egressing to public rights-of-way. f. Submission of an acceptable site plan shall be required for consideration of the issuance of a building permit unless a current valid Certificate of Occupancy exists. g. Limited to one (1) kiosk per platted plot. C. Residential Carport Regulations -Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. I. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Calleyv8le without approval by the City Council appFe~re-~~est for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2. Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9') by eighteen feet (18') and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9') in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof -Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts -Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12") or more than forty-eight inches (48"). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant's request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. City Hall ~~~ ~~, ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~ ~ ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 01/12/2009 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Attachments: Proposed Amendment to Section 3.24(C) -Special Land Use Standards Wind Driven Generator City Survey Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/12/2009 Planning and Zoning Commission Title Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Explanation Wind driven generators are currently listed in Table 3.24.6-Schedule of Permitted Principle Uses of the Land Development Code and are permitted by Special Use Permit (SUP) in all zoning districts. There are, however, no specific provisions or minimum requirements regarding wind driven generators in the Land Development Code. Given the lack of any minimum standards in the Land Development Code in addition to the current economic trends, specifically as they relate to energy costs and consumption, staff proposes a list of baseline standards related to the placement and operation of wind driven generators in the City of Colleyville to be added to Section 3.24(C) -Special Land Use Standards in the Land Development Code. The following are recommendations and explanations (in italics) regarding the proposed amendment to the Land Development Code: Wind Driven Generators - No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. Similar to cellular towers recently built in Colleyville, staff recommends a City of Colleyville Page 1 Printed on 1/8/2009 A enda Briefn Continued monopole design as it is more aesthetically pleasing. Modern wind driven generators typically use such designs. b. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the base of the tower to the highest point of the blades. Based on the attached survey and research regarding the minimum height needed to operate a successful wind driven generator, staff recommends this height as a base standard. However, standard (c) also limits the height based on required setbacks. c. All wind energy structures, including tower and rotor, shall have a minimum setback from any property line, right-of-way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shalt not be located in any required setback. The setback not only helps maintain safety through location, but also prevents smaller properties from constructing a generator at a height disproportionate to all other structures on the subject property. In addition, requiring an applicant to place the wind driven .generator in the rear yard aids in maintaining an aesthetic standard. d. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 db(a) adjacent to all other zoning districts. From our previous research regarding gas wells, staff recognizes that this level represents the typical level of noise in a residential subdivision. Any new structures added within a subdivision should be held to the same standard. e. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. A lighted monopole would likely be a nuisance to neighboring residents. Staff recognizes no reason, beyond FAA requirements, to permit lighting on a pole. f. No signage or advertisements shall be allowed on the wind tower. The wind driven generator is for energy conservation purposes. Staff recommends these poles not be allowed for other uses. g. A maximum of one wind energy system, including the tower, shall be permitted per lot. Additional poles could create the potential for a wind farm with numerous wind towers. Staff does not support this idea. h. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days, shall be immediately removed from the premise and the site returned to its prior condition, at the expense of the property owner. This standard will help maintain an aesthetic appeal and remove obsolete objects from properties. City of Colleyville Page 2 Printed on 1/8/2009 A ends Briefin Continued All proposed changes are detailed in a section "mark-up" of Section 3.24 of the Land Development Code and are attached to this briefing. A comparison of wind driven generator standards from other cities, local and nationwide, is attached as well. The adoption of these standards would not preclude the City Council from requiring additional standards not listed above. For example, items not listed above such as tower color, glare, the number of towers, etc. could be restricted through the approving SUP as well. Recommendation Approval City of Colleyville Page 3 rnnrea vn uoiwu Proposed Amendment to Section 3.24(C) -Special Land Use Standards Colleyville Land Development Code 18. Wind Driven Generators - No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. b. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the base of the tower to the highest point of the blades. c. Alt wind energy structures, including tower and rotor, shall have a minimum setback from any property line, right-of-way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. d. The maximum noise level shall not exceed 50 d6(a), measured from the property line, adjacent to any residentially zoned property, and 60 db(a) adjacent to all other zoning districts. e. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. f. No signage or advertisements shall be allowed on the wind tower. g. A maximum of one wind energy system, including the tower, shall be permitted per lot. h. 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E j -_ 01 l6 >' O L N l6 N 0 0 O O) o~ m E o IO L n U O Qj t T~ C N l ], N C_ N C 16 '~ 3 0 C 0 ~ N w U n N O_ O w p O C 0 ~ O f0 ~ ~ ~ t ~ y ' c U~ N E m y O) in li c N Z'E v m r l6 ~ O d~ '~ Z ~ (` O O C N~ ~ wEU r O O N ornp ~.. 0 o°dy O O Z .o U ~ n ~. .- ~ N ~ ~~ ~ nit w m 0 Z N O Z oa '~ U j O ~v ~ ~ W O N C ' ~ O 16 N c v~~a 010 ~ +3' o ~ O N ~ O O ~ N ~ ~ rn C 'C O O C C T T O O.V O C O U _N U ~ N 3 Q F ~; 1Q LL ~o t7 N C c0 C N O n O ~ N ~ Q 7 . 7 ~~ Y O O O~ Y ~ 1? a~ m o Z, m~ o~~ ~~'a~E T Q O 16 O O O C O ~ E ~ o ~ C 10 O O O m y~ C Q j 0 ° o N 0 ~ 10 `1 ~i N O O~ ~ O> U O d N U Ul V y C L E 3 C O T ~ O T (A (O m U ~$ N n 0) U C C O N~ O r _ U E _ N E~ m ~ O n d 7 C N~ 3 O U~ O 3~cooa~N Q 3 ~ ° 0 c v a ~v m O v c r o~ 0 o ~ N N O C.T• C ~ ~~ .~ .N U 3 ~ ° n p 41 X 0 0 C C N U~~N~c010E m~ O> C N~ O C ~ C N ~ 7 ~i ~ O.L.. >` '-' O C 0 m L c m c~ m p 3>.°'L~E Q w -- ~v oZ G U U ~ aLm..°'u, U C ~m°-aoi ~ N T _ N - C C T Lm3 m ' ~ m oc ~3~ 0~`~`OLO d i0 ~° a N L> , YV m -o o a=_ E a r O 3 O 0 ~ N - C 3 N U N pTj 'U C L~ E y p 0 ` ` U N Y 0 ~ ~- N o `6 aNi E~ L Y~ cmi m °' V L o w >.` m m~ E g c C O v~ ~° ~ m o m~ m°~ ~ m w C N E Y N N f~ U m m N O1 L ~~ ° U N m C C w0 O O° m O cmi o~ m~ C~ N E~ y~ p C o m~ ... 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Y ._ _.__ O >~ m O ~ J. ~ C E f%1 .+ ~ C m °~ w E E-gym ' p J m o Z c m > 3 ~ r E N 0 N O N m U C i N Z Vl N C C L r . ` ° ~ ° N m ~ T m~~ rN. m Ol m m y~ ~ d m y~ N m~ C= m m ~ ° ° E' >' ~ ~ ~ c~ ~ n c h 3 > L m o o m c E~ ~~ E c~ 3 h o c n o o~ o~ >~ n m « v~ o L a= o m T~ o m c cQ v m a`~ c ti v« a .a .N o a ~ rn~ E Y~ c c c m ~~ 3 3~ N E c~ 'y = ' T w O O U N N~ C ~O O O N S 3 >' N ~O 'C m pr m m 9 ~ rn._ c ui • L ~, C U ~¢ m m U C 3. me ~ inmo •° c E'v~'m~cm°v~c°~in° Q. m~a °i~mp~rn~~a~°i cn~Nm~~a i,~do U a N Q ~ m .N C U N m O~ C~ j ~ L N C 7 N L •«>. O~ j ~ U N N C~ d -m0 ` N T ; Q 0 ~ 3 C m "O E C 9 y j C C . U O N U C U ~~ m d~ C N _ ~~pp y 0 m . U1 C O Q O _ Q p Y N N N p 3 pp y~ U U 3 w m m V O U N y N C N 3 Y Q N Q~ U v O z g Y ~ N U+ ' Jt C7 U l~ ~' to ~ N c ; C m C O N U ~~ ~ ~ O o i m -o o Y ~~ v m~ r V E p O C N >.-o a>.n~~~ w3c mc~a~~a~ a ~' ~ c N L m C L N O a c~`O N ~mi. E N mN E-O m ~ >>, ooE 7 N°~ m °- ~ o° N o° m E° a m 3 a~ o r m° o U c E T~~ Q i d N L E O N C ~ C W C> N >• n N 9 N 'p U L ~ O L Z N N 7 m E O O ,YO C~ N m w0 V O~ N m N , „ -~ m 7 9 'O m C .U C O~ N N~ L~ C O Y m ~ m 0 T . Z C (p E N G O- O) ~ Y~ U m - m >` N Ol _ ~ _ . C m N L c 2 '~ N ~ U C L ~° ' 0 3 n p N '~ L~ U T N Q N N C p n 7 m C L U N C~ y m 0 0 0 7 N N E 3 p y> N O C N m c 0 . y t0 '3 - N N Q N N~ 0 W N Y fly E °D c m N C_ C ~C ~ O N C n T E C ~ a~ m m c >. p. C~ 0 0 N p m E O n 3 N O C C N~ U C~ ~ Q x N 3 E~ m n n U ~ ¢ ° N E m v~ a i Q o o s L~~ o° E U - ; ~ F m W ~p .J _. _. m _ m N - '~~ mLYmm N .0 ~mm° cp ~ m > N 3' yoa~ 3`0 y Eo~ma~3 L c ° ° c ~ wm o N ~ N N N mN c 3 m~ ° o`°- _ ~ E- E N O w C' O' 0 0 N a m o 3~" ~v .~ ~ ~ O_ in c a~ r -° $? ~ 9 o m i a o v en o m of m~ m~ ° ' d o ac-Y~a~ -o~ ... I n N~ U C m O `OmNLamo~ ~ r Ol C O N t C l V N Y m .L .. N O N O V A N 'II O N E N 0 Y E V E N O O~ d~ L N _ _ O N c Q C C Y C Q N pTj L "O 9 0 m m ~ L "' 3 N N U N .O O N N~ Ol .' Q CU n ~` N J N ~ p - f0 Len„ U >. 'EO ~ N ~ N li ~C m o m ~ Q 7~Q W cmE~ vn, ~,Tn m N - -- N m N O N N N ~ _N N N_ ~ N 7 9 m~ .G ~ m E~ T N> O O m 0 f/1 v E c .O ~ y 0 ~ ~p O N c N ~° O 0 j m O 7 :... ~~ ~~ N O °-' s y L ~ E 0 C N N O V O W Vl ~ N q d ~ ¢ .N Q C 7 U N C= L_ N L N O) j m W C v m U 9 m L m C ~ U E L x E O L U w r E C N N U O C ' t m~ m E p_ O C U "O ~ N O O` N j C U tll ' O N .7.. L U> 7 m ~ ~;_ _ 7 .N. m e m~ N L X 0 0 0 In C E O >., C N ~° m~ N a C YO ' y m N 0 0 O p~ Q O C U 7 Z 'O ~ O 'O .!) >, O N.L.. m O t0 3 d~ N >. N N~ p N •c 3 O C m a d~ N~ ~ „ c 7 ~ mo n moa$ mNN7a~ioN E.~> momenta m~p o- EN°~nL° -m ~ ~O/,t~m n= L. mN~c7mo- °'~Lm-'a ~mE~mQ ~ ~°° ~~'N U O F , ~ ~ °cm~ w n~ E n O m N m 47 O T ~ C a~ y o~ o~ m ~ 3 m x o m~ ~~ U O1 O/ .-. m c o U C ~ m m ~' p m V C~ m N 0 C ~ °-= C p C >`.. C N L C ~ m~ U Vj «0 9 y N N N L~ N O 01 3 N U 3~ N T ~ C N U 3 0 W ~r~ EQ i y o ~ ~t a-ci ~~ N~-p ~~ ~ c t9°a n E ~~~ ~ Y o ` >. ~ L r a ~° ° m~ ~ T m 0'00 ` O m L L N V~~ N m N t N l4 ~ N O m p_ m m~ m m >. C~~ O- ~ Q O T a ." C~ m N~ O L C D 'p rn m O ~ 7 m X 0 0 O L N L C N C a~ m C .k d U• mn~3~m~ a~NC~°-o-~~~°°'caEimo L ~ O ~~ L ymo>m C N L V~ ' ." E m Z N N E ~ N U N C ~~ N E >W 7 U U O N N ,C r T N E N O E 9 m N -O m O N • . -. p~ L O N > 7 0 `~ N ul ,[ C C Y n f]. m C C L O p_ N e d mto mE~EmcOC°~ 3mo~vm~~~~ N C O °'~ o~m o E ~~ ~~° a- s y °~ ~ 3 ~° N ~° rn c m U~ N ~p U ~ • C , L 7 O v° OIC C~ ESN .7 n O C m L~ O~ N m ~ ~ N r N m C N N N L Q _ ~ - ,Op T t0 N p O ~ p O m m N r C O N~ C ~' C~ L L t0 O V p O O~ L N m 7 m E C E S L o c° ' c w m ~ L _ ~ C C c o m a s rn 0 ~3 0 ~ o E 'S C 7 L N D ' N U N U E I - N m U O m L N N L~ m G C U p .N N m O C C O C C~ O C~ 0~ Z ~ U W o m° m Q~ L E 7 N N a E C N'~'~ O m~ m N O C 0> > O> 7 O E N N t L N ~ L~ C ' N >. ~ ~ N ,L„ L E m m c c 7 > U x N N~ U ~ m~ m °c °~ a ~ m . ~ m .L-. > L y m o~ s O NN 3 Ce a L mm .c- E _ ~ O N N ~ m 0 0 m~ ~~XO m ~ > ~ O O~ N O ~ m~ C N 'O y N V L m 3 ,C m N p tN N w y w m n C m o m ma O O O rm- t >, n L W~ 7 E F~ N~ w ~~ N Q ~'m r 0L-' d f6 m C p 0 U m~ aN~ ;EY ~3 ~L I ~ ~ ~ ~ - .. w c ~ --~ i N m O U ~ N y t _ N C N E m N n ~~ _O ~~ E N (n o E m ~ i >i N m L N N T 7 m O a+ U .- N U E m w N~ 1] ~ N U- (h to m T - N N ' N N C O Z J ~ C p S U C W E O) N ~ 7 .C >> N ~ m-mm~E I a~ mE- c- n .- ~ a~ d m ~~ m Q m m m .c n ti m y L E I - a m ~? E~ p ~ 0 C c -o m o- ~ O~ p O 0 ~ c ~ N C 7 0~ C ~ C N ~ '3 O U p~ L 0~ N n n ~ ~ C ' U L C~ O O C U L T~ ~7 C n O U C C U N~ N C m ' ~- ~p _ >, n V m ° m 7 c7LO3~~~ U O 3 m N 0 O C~ oin ~mj ~oc~ m N U N m ~rn° ,. _. C ~ ~rn3 ~a~i3~-°5~0 ~ m m me a~E~~am.o_3 ~c i 3 comacmo '~ d iapi ~~cma~im~o.N-a Qinmm " ~coic~c'~~N~~a v ° ' Lo~mroa N~>m ° ~ noLm t~ o i c ai '` c ~ v '~ N 7 v mE~ °~ ~ d m o ° ° `~ ~ ivi a E v m~ L c cpi a aoi w y 2 N Y 3 N ~ , ~ a i '3 >. ~~~ N E a ~ ~ c i I m o ~ w N W N m n~ Q N 3 O L m Q L E W rt ~ ~ Q U +~' ' v°'i c ~ `w c N m ° v U a i U H ~ 0 3 ORDINANCE 0-09-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 -SCHEDULE OF PERMITTED USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE 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 Council amended Ordinance 0-00-1214 on January 16, 2007, by enacting Ordinance 0-07-1607 relating to Chapter 3 Land Use, Section 3.24 - Schedule of Permitted Uses, and Section 3.29 - Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07-1607 on September 4, 2007, by enacting Ordinance 0-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 3.24 - Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07-1607 and O- 07-1633 on February 5, 2008, by enacting Ordinance 0-08-1656 relating to Chapter 3 Land Use, Section 3.24 -Schedule of Permitted Uses of the Land Development Code; and 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 ordinance by amending the Schedule of Permitted Uses; and WHEREAS the City Council has appointed a Planning and Zoning Commission to , recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS the Planning and Zoning Commission, has given reasonable consideration , to, among other things, the character of the districts and their peculiar Ordinance 0-09-XXXX Page 2 of 3 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 Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 3 Land Use, SECTION 3.24 -SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached as Exhibit "A". Sec. 3. THAT Ordinance 0-00-1214, 0-07-1607 and 0-07-1633, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. 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. Sec. 5. 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. 6. 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. 7. THAT it has been found that there has been a change in conditions in the Ordinance 0-09-XXXX Page3of3 above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" C. Special Land Use Standards -The following Special Land Use: Standards, which are referenced in the Special Land Use Standards column of Table 3.24.6, Schedule of Permitted Principal Uses, refer to additional standards and requirements that are applicable to the listed land use. 1. Bed and Breakfast - a Certificate of Occupancy (C.O.) is required 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 and the following additional conditions: a. The structure is structurally sound. b. There are no clear and present dangers as to fire and fire safety. c. The plumbing is in compliance with the currently adopted code requirements for the zoning district in which it is located. d. The electrical system is in compliance with the currently adopted Electrical Code for the zoning district in which it is located. e. 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. f. Signs, not exceeding one and one-half (1-1 /2) square feet, shall indicate only the address and the establishment name. g. 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. h. 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: i. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing compliance with the requirements of this Section. ii. Food service shall comply with all provisions of the City Code. iii. 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. ix. The length of stay for any guest is limited to fifteen (15) consecutive days. 2. Assisted Livina Facilities - A facility operated under a certificate of compliance document issued by the Texas Department of Aging and Disability Services, in which food, shelter, and person assistance or supervision are provided for a period of at least 14 days for four or more aged adults who do not require hospitalization or skilled or intermediate nursing care. 3. Telecommunication Towers -Construction shall be of monopole design only; and a. 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 b. the site plan shall meet all other commercial development requirements of the City such as site plan review, landscaping, setbacks; and c. a minimum of one paved parking space shall be provided at the site of the structure. 4. Veterinarian Clinic with indoor kennels - A facility containing indoor kennels shall be subject to the following conditions. a. The entire business must be conducted within a soundproofed building. Noise and odors created by activities within the building shall not be discernible beyond the property line. b. No animals shall be kept outside the building. 5. Medical and veterinary clinics -Outpatient services only. 6. Archery & firearm ranges - An SUP required in every zoning district, except CN & CC, for sales activity over 9 mo. per year. 7. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size. For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of fifty (50) seats. (0-04-1454 / 4-16-04) (0-05-1538 / 09/06/05) 8. Home Occupation Uses: a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. 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; c. 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. d. 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; e. 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. f. 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. 9. Private (HOA) Recreational Facilities -Buildings or structures in which members of a neighborhood association may gather for social, educational or cultural activities that are intended to serve the site occupants and guests thereof. 10. Emergency Clinics -Outpatient services only. 11. Livestock Raising and Breeding - A Special Use Permit is required for swine farming. 12. Alcohol Beverage Sales - A Special Use Permit is required for the sales of alcoholic beverages. Also refer to Chapter 6 of the Code of Ordinances for additional regulations regarding alcoholic beverage sales. 13. Vehicle Repair -Vehicle repair, including the repair of other motorized vehicles, are permitted in accordance with the Schedule of Permitted Uses, subject to the following conditions. a. All repairs and servicing shall be conducted within an enclosed building. b. A business that conducts vehicle repair and is located on property adjacent to a residential use shall provide asix-foot tall solid screen along the property line adjacent to the residential use. c. Except for wrecked vehicles, no more than two vehicles per bay or repair/inspection station that have been accepted for repair or servicing shall be parked/stored outside after regular business hours. d. Wrecked or dismantled vehicles waiting for repair shall not be visible from the street and shall be stored in an enclosed building or within a completely enclosed area behind asix-foot tall solid screening fence. 14. Servants or Caretaker Quarters -Servants quarters for domestic servants employed on the premises or family members provided the gross habitable square feet of floor area shall not exceed six-hundred (600') square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety, and occupancy in conformance with other applicable City codes and ordinances. 15. Dav Care Centers - A facility operated with a state license for the purpose of providing care, protection and guidance to more than twelve children under the age of fourteen years of age for less than a 24-hour period. This term does not include kindergartens and public and private educational facilities or any facility offering care to individuals for a full 24-hour period. 16. Grocery Stores - A special use permit is required for the use of gasoline pumps in conjunction with a grocery store. 17. Billiard Parlor -Compliance with Chapter 10 of the Code of Ordinances is required for a Billiard Parlor. 18. Wind Driven Generators - No wind driven enerator shall be constructed without ~proval of a special use permit per SPCtion 3 24 of the Land Development Code. a Ail wind driven generator towers shall be of a monopole desian. b The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the base of the tower to the highest point of the blades. c. All wind ener structures includin tower and rotor shall have a minimum setback from an~propert}Line right of-way power line or other improvement of 1.5 times the height of the wind energy structure It shall also be located entirely in the rear yard and shall not be located in any required setback. d The maximum noise level shall not exceed 50 dB(a) measured from the property line adjacent to any residentially zoned property and 60 db(a) adjacent to all other zoning districts. e A wind tower and generator shall not be artificially Vighted unless such lighting isis required by the Federal Aviation Administration. f. No si na e or advertisements shall be allowed on the wind tower. g A maximum of one wind energy system including the tower shall be permitted per lot. h A wind driven generator found to be non-productive ar unused for a period exceeding 180 days shall be immediately removed from the premise and the site returned to its prior condition at the expense of the property owner.