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HomeMy WebLinkAboutOrdinances (O-11-1818)-12/15/2011ORDINANCE 0-11-1818 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 6, BUILDING DESIGN 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 of the City of Colleyville desires to amend certain portions of the Land Development Code regarding commercial and institutional building design and construction; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 6, Building Design, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached Exhibit "A". Sec. 2. 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. 3. 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. 4. 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.5. THAT this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-11-1818 Page 2 of 2 The firs reading and public hearing being conducted on the ~ day of 2011. "'' da of The s nd readin~ and ublic hearing being c~nducted •n the y ~ n~~ri~l.~P~ 2011. / ATTES . . ~ Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~.. ;, ~~r ~ , L -~.-_. Ae ~~' David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~`II ~~~ ~ ' ~r Matthew C. G. Boyle City Attorney Exhibit "A" Land Development Code Citv of Collewille Texas r Chapter 6 ~ Commercial Design Standards _ : _ __ Amended 12/13/2011 • •• - • .• The purpose of this Chapter is to establish rules and regulations for the exterior design and exterior building materials of commercial and institutional buildings in all zoning districts. The regulations contained in this Chapter have been adopted under the authority of the following: 1. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 2. Chapter 211 - Municipal Zoning Authority of the Texas Local Government Code, which authorizes a municipality to divide a municipality into districts and, within each district, regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land. 3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. . ~- . Definitions applicable to this Chapter may be found in Chapter 2- Definitions of this Land Development Code. . . ~ . . ~- . .. . 6.4. REQUIREMENTS For any new commercial and institutional buildings or, additions, or alterations exceeding 50% of the building improvement value based on the current certified tax roll , it shall be the duty of the administrative official responsible for review of site plans to calculate the design score for all commercial and institutional buildings as part of the building permit and site planning process. For institutional buildings, if no relevant appraisal data exists on the certified tax roll, the building improvement value shall be obtained through an independent third party appraiser, paid by the building permit applicant and provided to the City. Paragraphs A through G are the basis for the design calculation to meet the requirements of the design standards. The provided worksheet shall be attached to all commercial and institutional building plan submissions for review. The final design will be evaluated by the staff on a pass/fail basis. Commercial/lnstitutional Building Design Factors Work Sheet A. Fa~ade Articulation Variables (10 total possible points - See Figure 1 and 2 below) 1. L= Length in feet of building perimeter visible from the street. ft. 2. F= Length of the longest horizontal straight section of the exterior fa~ade visible from the street. ft. Chapter 6-Building Design Page 6- 1 Exhibit "A" Land Development Code Citv of Collewille. Texas In order to determine that any two horizontal straight sections of wall in the same plane are separate walls: a. There shall be an intervening physical separation of space or other wall sections which separate the two subject walls by not less than three feet. b. The average offset distance of the intervening space and/or wall section shall be not less than one foot from the subject plane. c. The total perimeter beam length of the intervening space and/or wall section shall not be less than five feet. d. Materials used within the intervening separation may not be identical to materials used in more than one of the two same plane test sections e. Any two or more same-plane wall sections which do not meet all of the requirements of Paragraphs a, b and c above shall be determined to be part of one complete wall section. 3. A= Articulation ratio or UF = 4. Ka = Articulation Score = A x 2= Sum Figure ~ FaCfqrs A1 ! A2 bIAGRAM OF 701'AL LENGTH OF PERIMET~R VISIBLE FROM STREET {ONE WALL NC3T VISIBLE) L=45'+3Q'+3D`+40'+20'= 165' (total perimeter visible trom streek~ F= Longest horizontal straight section of facade visible from the street. (in the example above. F= 45'} Chapter 6-Building Design Page 6- 2 Exhibit "A" Land Development Code Citv of Collewille. Texas Figure 2 Pactar A2a 10 3 F=13' (longest v~sible aection oP wa11} 1Q 1Q 6 6 8 d 3. ~ .., . ~-SQparale sect3ans of wa31 = ~ _. - ~%`" in seme plane ~''~----~. ___-- --"~ STREET B. Vertical Departure Variables (10 total possible points - See Figure 3 below) P= Total surface area of a projection of all surfaces visible from the street and which are relative to the four vertical planes of an imaginary cube which would enclose the building. s.f. 2. R= Total surface area of a projection of all sloping or vertical surfaces visible from the street of the building relative to the four vertical planes of an imaginary cube which would enclose the building. s.f. For the purpose of the calculation of "R"; a. Buildings with principal wall sections which are generally rectangular must be aligned so that principal wall sections are parallel to a face of the test cube. b. Only those surfaces which slope at an angle of not less than 15 degrees nor more than 75 degrees from the vertical plane may be included in this area calculation. c. Circular, convex or concave regular surfaces which are offset at the central point of the curve by not less than one foot from the vertical surface and have a central angle of not less than 60 degrees may also be included. d. Q= Number of test cube vertical surface projections (1,2,3 or 4) visible from the street. 3. V= Vertical departure ratio or R/P = 4. Kv = Vertical Departure Score = 10 x V= Sum Chapter 6-Building Design Page 6- 3 Exhibit "A" Land Development Code Citv of Collewille Texas C. Shade Coverage Variables (10 total possible points - See Figure 4 below) 1. S= Total covered but unenclosed structural exterior area attached to the building as measured in square feet on a horizontal plane. s.f. a. The floor area of covered exterior balconies may be included. Attached canopies, porches, verandas, and other shade oriented structural design features may also be included. b. The area under detached canopies shall be excluded. 2. G= Total area of the interior ground floor of the building. s.f. 3. C= Shade coverage ratio or S/G = 4. Kc = Shade Score = 100 x C= Sum Chapter 6-Building Design Page 6- 4 Exhibit "A" Land Development Code Citv of Collewille Texas D. Horizontal and Diagonal Roof Planes Variables (10 total possible points - See Figure 5 below) 1. F="F" as previously calculated in Paragraph A(2) above. 5%ofF= 2. E= Total visible horizontal and diagonal eave planes, ridge planes and/or parapet top planes on the building. For the purpose of this paragraph: a. Two eaves in the same horizontal plane but which are separated by not less than 5 percent of "F" shall be considered separate planes. b. Two parapets in the same horizontal plane but which are separated by not less than 5 percent of "F" shall be considered separate planes. c. A parapet with a wall length of less than 5 percent of "F" shall be considered a crenellation and shall not be counted as a parapet. d. For every five crenellations, regardless of elevation, one equivalent plane may be added to the calculation of total planes. In like manner, one crenellation shall equal 0.2 horizontal / diagonal planes. e. For an eave, canopy or mansard which overhangs the vertical surface of the building by not less than 18 inches, one plane shall be counted for the outer edge of the eave and one plane shall be counted at the intersection of the eave and the wall. Chapter 6-Building Design Page 6- 5 Exhibit "A" Land Development Code Citv of Collewille. Texas f. One plane shall be counted for each diagonal ridge or edge of a sloped roof and, if the edge is also an eve which overhangs the wall by not less than eighteen (18") inches it shall be counted as two planes. g. For mansards which wrap around a building corner, planes shall not be counted as separate unless there are actual changes in elevation. h. Two parapet tops which intersect at 90 degrees in the same horizontal plane shall be counted as separate planes. 3. Q= Total # of surfaces visible from the street as identified in Paragraph B(2)(d) above. 4. H= Horizontal / Diagonal Planes Ratio or E/Q = Sum Figure 5 Factors D2a / D2b Three eaves ~n same plane counted as th~ee separate pianes, E. Fenestration Variables (10 total possible points) 1. W= Total number of windows, doors, and other openings into the structure through which light may pass. For the purpose of this paragraph each opening must be framed on the sides, top and/or bottom by structural building materials with a surface area equal in the aggregate to not less than 50 percent of the surface area of the opening. 2. Q= As previously calculated in Paragraph B(2)(d) above. 3. N= Fenestration Ratio = W/Q = Sum F. Total Design Score: Add all sum scores above to reach a total design score. The submission will be evaluated by the reviewer and a score provided. The reviewer will review as part of your submission your scoring provided based upon your design submission. Chapter 6-Building Design Page 6- 6 Exhibit "A" Land Development Code Citv of Collewille. Texas G. Minimum Design Score Requirement: Notwithstanding any variance per Section 6.6 below, the minimum design score for all commercial and institutional buildings constructed as provided for by this chapter shall be 30 in all zoning districts, except that the design score may require a higher or lower value as a condition of a Special Use Permit or Planned Unit Development zoning district as authorized by the City Council. Zone - CN CPO CC1 CC2 CC3 ML Score - 30 30 30 30 30 30 . . . . . . . -. A. Materials: The exterior walls of all commercial and institutional buildings constructed as provided for in this chapter shall be composed of 100% percent masonry, glass, or other equivalent material. However, building accents such as wood, EIFS, Hardie Plank or decorative metal trim are permitted such they do not exceed 15 percent of the total exterior wall surface area. Mixing of more than one type of masonry material for exterior walls is encouraged. For the purposes of this chapter, approved non-glass, masonry materials may include brick, finished concrete, stone (natural and man-made), and cementitious stucco. Unfinished concrete masonry unit products such as cinder block or tilt-wall sections are permitted but must have an architecturally finished surface such as split-face, rusticated, natural stone, etc. B. Color: Primary exterior wall colors shall contain natural colors that reflect the natural environment of the cross-timbers prairie including soils and vegetation. Fluorescent colors are prohibited. Building elevations showing the proposed exterior wall color shall be submitted with the site plan application at the time of new construction as provided for by this chapter. Any applicant for a building that does not meet the requirement of this section as determined by the Community Development Director may request a variance to the Director's interpretation per Section 6.6 below. 1. For commercial and institutional buildings that exist as of the passage of this section, upon the repainting and/or alteration of any structure, the paint and material color shall comply with section B above. . . ~ . . A. A person may request a variance from a requirement contained in Chapter 6- Commercial Design Standards by filing said request with the administrative official. A request for a variance shall be accompanied by a non-refundable application fee. A request for variance shall be referred for consideration to the Architectural Review Commission (ARC). The variance procedure shall proceed as follows: 1. Submit a variance application and pay applicable fee. No action shall be taken on any application submitted to the ARC until all applicable fees have been paid in full. No refund of any application fee shall be made after the request has been advertised and scheduled for consideration by the Commission. 2. Not later than 30 days from date of the application, a quorum of the Architectural Review Commission (ARC) shall convene a meeting to review the variance request; 3. Public Hearing and Written Notification - No action to approve or deny any application shall be taken until the Commission has held a public hearing and received comment, and only after written notice of the public hearing of the date, time and place where the variance request is to be considered has been sent to the owners of real property lying within two hundred (200) feet of the property where the application is being considered. Such notice shall be given to each property owner as listed on the last approved tax roll not less than ten Chapter 6-Building Design Page 6- 7 Exhibit "A" Land Development Code Citv of Collewille, Texas (10) days before the date set for hearing by depositing letters properly addressed and postage paid in the United States Post Office 4. Appeal to City Council - The decision by the ARC shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission. The administrative official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next available agenda for consideration by the City Council. . ~ . . .. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-11-1818 12/13/2011 Amendments to design standards; addition of exterior material and color requirements; amendments to variance procedures and addition of architectural review committee Chapter 6-Building Design Page 6- 8