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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/25/2013City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 25, 2013 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Phelps PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES February 11, 2013 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. REGULAR AGENDA ITEMS 3a Approval of a preliminary plat for 13.63 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue Planning and Zoning Commission Commission Agenda March 25, 2013 City of Colleyville Page 2 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration for a Special Use Permit for hospital with the primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care Systems Addition, and Lot 2R, Block 1 of the Linton Addition located at 5408 & 5500 Colleyville Boulevard, Case ZC13-002 4b Consideration for approval of amendments to Section 3.24.C-Special Land Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-002 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards March 22, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 11, 2013 City Council Chambers CALL TO MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 11, 2013 at 7:05 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, David Phelps, Jim Gotcher, and Jeff Byerly Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Jeremy Hutt, Dale Crown, Rob McKeown, and Marty Wieder INVOCATION The invocation was given by Commissioner Davis 1. APPROVAL OF MINUTES Commissioner Knox moved to approve the January 28, 2013 meeting minutes as written. Commissioner Davis seconded. The motion to approve as written carried with the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a request for an amendment to the PUD-R-PUD Residential zoning and development requirements on Tracts 1B,1B1, 1B01, 1B2, 1B4, 1B5, Abstract 685, of the John H Havins Survey and Tract 6, Abstract 352, of the Elizabeth Cox Survey located at 3805 Glade Road and 4900 and 4908 Heritage Avenue, Case ZC12-031 Ron Ruthven presented the case and briefed the Commissioners. Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 2 The public hearing was opened at 7:14 p.m. Bret Pedigo, on behalf of the applicant, came forward and briefed the Commissioners. Commissioner Gotcher questioned Mr. Pedigo regarding the relocation of the trail. Mr. Pedigo replied the trail will see more traffic on Heritage Avenue. Commissioner Dudziak questioned Mr. Pedigo regarding the ten foot buffer along the western perimeter of the development and if the buffer would reduce the lot sizes. Mr. Pedigo replied the buffer is within the lot and is there to preserve the existing natural vegetation. He further explained this area will be the responsibility of the homeowner. Commissioner Dudziak further questioned if a fence would be placed along the buffer. Mr. Pedigo replied there is an existing fence that will be used. Commissioner Dudziak questioned Mr. Pedigo regarding the ingress and egress of traffic of the commercial lots; and what types of uses were being proposed. Mr. Pedigo replied, based on staff comments, general office and retail is preferred in this location. Discussion continued between Commissioner Dudziak and Mr. Pedigo regarding the ingress and egress of the commercial lots. Commissioner Dudziak questioned Mr. Pedigo regarding the cross-sections and entrances for the commercial lots off of proposed Street “A”. Mr. Pedigo replied they will ensure the gates for the residential development are far enough back so that access to the commercial development is not an issue. Commissioner Dudziak questioned Mr. Pedigo regarding if the church had been contacted to make an agreement with them for access. Mr. Pedigo replied the church was contacted, but did not have a request for access. He further explained the church did make mention that parking may be an issue for them with the new development. Discussion continued between Commissioner Dudziak and Mr. Pedigo regarding access for the church and the commercial properties. Commissioner Dudziak questioned staff regarding if an easement is required between commercial properties. Ron Ruthven replied according to the ordinance, commercial properties which front a collector or an arterial, must provide mutual access to reduce the number of driveway cuts. He further explained a mutual access easement would be a requirement for the plat. Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 3 Discussion continued between Commissioner Dudziak and staff regarding mutual access between the commercial lots and the church. Commissioner Phelps questioned Mr. Pedigo regarding the abrupt stop of the trail just before Glade Road, and the anticipated connection on Glade Road. Mr. Pedigo replied the section in question is a right-of-way dedication. Commissioner Phelps questioned Mr. Pedigo regarding the addition of the lakes and the water features, and if they increased or decreased the capacity of heavy runoff during heavy rain. Mr. Pedigo replied they are designed for both, heavy runoff and retention. Discussion continued between Commissioner Phelps and Mr. Pedigo regarding the lakes and water features. Commissioner Byerly questioned Mr. Pedigo regarding the architectural standards that were written in the PUD. Mr. Pedigo replied their builders are held to a very high standard, and the architectural standards will be enforced whether or not they are written in the PUD. Commissioner Dudziak questioned Mr. Pedigo regarding if the amenities, such as gazebos, sidewalks, open space and playground equipment would be installed with this phase. Mr. Pedigo replied their focus would be on trails and open space. He further explained their demographics did not have much of a need for playground equipment. Discussion continued between Commissioner Dudziak and Mr. Pedigo regarding the amenities. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Phelps questioned staff regarding the inclusion of ponds in the drainage plan. Jeremy Hutt replied the developer would be required to design the ponds to accommodate the drainage. He further explained the proposed plans meet the requirements. Commissioner Phelps questioned Jeremy Hutt regarding the phasing of a development. Jeremy Hutt replied when a development is started, the developer is required to plan ahead for any subsequent phases, while still accommodating all of the needs of the original phase. Discussion continued between Commissioner Phelps and Jeremy Hutt regarding phasing of developments. Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 4 Commissioner Phelps questioned Jeremy Hutt regarding if it were possible to complete the section of trail that was left off of the concept plan if the owner, of the property in question, were not involved. Jeremy Hutt replied the trail would not be completed until the property in question was developed. Discussion continued between Commissioner Phelps and Jeremy Hutt regarding construction of the trail. The public hearing was re-opened at 7:51 p.m. Gina Head, 3613 Winewood Place, came forward and spoke in opposition of the development. There being no one else wishing to speak, the public hearing was closed at 7:54 p.m. Mr. Pedigo came forward to address comments. Commissioner Byerly questioned staff regarding the buffer and setbacks for Phase 2. Ron Ruthven replied there would be a 20-foot setback which the home could not extend beyond. He further explained Chapter 5 – Tree Preservation of the Land Development Code. Commissioner Gotcher questioned staff regarding the sidewalk and trail requirements. Ron Ruthven replied staff supported the developer’s plans for the sidewalk and trail. Commissioner Byerly questioned staff regarding the previous developer and the decision to require the trail to be constructed through the development versus being constructed along Heritage Avenue; and what is staff’s opinion on the location of the trail, in relation to a gated community? Ron Ruthven replied, although, it would be aesthetically pleasing to have the trail run through the community, it makes more sense to have the trail constructed along Heritage Avenue. Commissioner Wheelwright questioned staff regarding whether or not it would be the prerogative of the homeowners, of this gated community, to also gate the portion of the trail that would run through their subdivision. Ron Ruthven replied the plat or the PUD ordinance would need to call out the trail as a public access easement or pedestrian access easement. Commissioner Phelps questioned staff regarding the use of the trail. Ron Ruthven replied would be for both, bicycles and pedestrians. Discussion occurred between the Commissioners regarding the pros and cons Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 5 of the sidewalk or trail system. Commissioner Phelps made a motion to approve case ZC12-031 with the following amendment: Trails 25 and 26 will be developed in accordance with Colleyville’s Pathways Plan; and will connect to Trail 24, which shall be constructed along the west side of Heritage Avenue, prior to the acceptance of public improvements. Commissioner Davis seconded. Commissioner Dudziak made a friendly amendment to allow mutual access for the church. Commissioner Phelps accepted. Commissioner Phelps stated, in fact, mutual access was needed along all of the northern properties. Commissioner Davis also accepted the amendment. Commissioner Byerly made a friendly amendment to omit Sections 5 – C through F. He further explained these items are more appropriate for homeowner association covenants and restrictions. Commissioner Phelps and Commissioner Davis both accepted Commissioner Byerly’s amendment. Mr. Pedigo came forward to address the motion and amendments. Discussion occurred between Mr. Pedigo, the Commissioners, and staff regarding mutual access. Discussion continued between the Commissioners and staff regarding how to address mutual access between the development and the church. Commissioner Byerly clarified that the amendment, for mutual access, would only be for the property along the western boundary, along Glade Road. Commissioner Phelps, Commissioner Davis, and Commissioner Dudziak all accepted. Commissioner Gotcher questioned staff regarding the inclusion of requirements for the traffic signal for Heritage Avenue and Cheek-Sparger Road. Ron Ruthven replied the city cannot make the developer pay for the entire addition of traffic signals. He further explained this could be included in a City/Developer Agreement. The motion to approve with the amendments: 1.) As shown on the Planning and Zoning Commission Commission Minutes February 11, 2013 City of Colleyville Page 6 Colleyville Pathways Plan, Trail 24 must connect to all other trails as shown on the Colleyville Pathways Plan 2.) A mutual access easement shall connect to the property immediately to the west of the subject property along Glade Road from the open space lot 3.) Section 5(5)c through f in the proposed ordinance that relate to residential design standards shall be deleted from the ordinance carried with the following vote: Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 8:18 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on March 25, 2013 by a vote of _____. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 03/25/2013 Number Type Regular Agenda Items Department Community Development Title Approval of a preliminary plat for 13.63 acres out of the Elizabeth Cox Survey, John H. Havens Survey, and the Jesse Doss Survey located in the 4900 block of Heritage Avenue. Explanation Paul Spain has submitted a request to approve the Preliminary Plat for phase one of Creekside at Colleyville, which includes 41 single family residential lots, and 2.79 acres of commercial property under the control of the same property owner. The phase one detailed site plan approved at City Council on March 5, 2013 under Ordinance O-13-1866 shall be deemed to satisfy the site plan requirements of Ordinance O-07-1645 Section 4(2)a. A full size copy of the site plan will be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan will be kept in the plat file for this department. The phase one final plat shall be consistent with the attached phase one detailed site plan. The remainder of the subject property with this PUD will be required to submit a detailed site plan per Section 4(2)a of Ordinance O-07-1645 prior to the submission of a final plat. The following is an analysis of the issues associated with this preliminary plat. Zoning. A re-zoning request for PUD-R Planned Unit Development Residential Zoning district was originally approved by Ordinance O-07-1645. Ordinance O-07-1645 was amended by Ordinance O-13-1866 on March 5, 2013. The zoning requirements stated in Ordinance O-07-1645 include single-family detached residential as the primary use with a maximum density of 2.4 dwelling units per acre. The minimum lot sizes are 5,500 and 9,000 square feet, dependent on lot widths. The minimum lot widths are 70 and 50 feet. The requirements also include commercial use. All commercial properties shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN-Neighborhood Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Commercial zoning district, the CC1-Village Retail zoning district, and the CC2- Shopping Center zoning district. Private Streets/Access. The development will have primary access from Heritage Avenue. A 30 foot emergency access easement will access Glade Road to be incorporated with the parking lot of the future commercial development. All streets serving the development will contain a minimum of 40 feet of right-of-way measured from curb-back to curb-back with five (5) foot easements on both sides. All streets within the subdivision will be private and maintained by the homeowners association. This development will be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances. Sidewalks and Trails. Four (4) foot sidewalks will be installed in front of each residential lot . The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map will be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements. Trail 24 must connect to all other trails noted on the 2005 Colleyville Pathways Plan. Drainage. The developer has submitted a preliminary drainage analysis of the site, which is under review by the Engineering Division. According to the preliminary drainage analysis, the development will provide on-site detention. Parkland Dedication Fees. Parkland dedication fees are required, in the amount of &1802.00 per residential lot, for the 41 lots where new homes are proposed. Parkland dedication fees are due at the time of final plat and must be paid before the final plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements and Impact Fees. Perimeter street improvement requirements are not due since the developer will be responsible for construction of their half of Heritage Avenue. The developer shall improve Heritage Avenue where it is adjacent to the development to the current standards of the Land Development Code and the Master Thoroughfare Plan at the time of development of the adjacent property. Water, sewer, and roadway impact fees are due at the time a building permit is issued. Fees will depend upon land use according to Chapter 13 of the Land Development Code. Screening. An eight (8) foot masonry wall shall be built between any commercial and residential lots. An eight (8) foot masonry wall will also be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger. Perimeter fencing along Heritage Avenue will only be required immediately adjacent to lots, and not be required where floodplain or open space is adjacent to Heritage Avenue. Landscaping and Tree Preservation. Trees not located within the right-of-way or within the pad site must be preserved during construction. Before construction begins Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 on the site, protective fencing must be installed around all preserved trees located outside the right of way. A preliminary tree survey has not been submitted at time of this preliminary plat. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Division. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. Summary. The proposed development satisfies the requirements of PUD-R ordinances O-07-1645 and O-13-1866 and the Land Development Code. Since the plat contains more than four (4) lots, the preliminary plat will require additional approval by City Council. Recommendation Approve Attachments 1.Location and Zoning Map 2.Preliminary Plat 3.Detailed Site Plan 4.Ordinance O-07-1645 5.Ordinance O-13-1866 AU B U R N D A L E A V E W I N E W O O D C T AMBERLEY CT CAMBRIDGE CT BLACKJACKOAK DR SCARBOROUGHLANECTCH R I S M A C W A Y EV E R S H A M C T COTSWOLD CTPAR K V I E W C T LAUREN'S P L LE X I N G T O N P K W Y LANGLEY HILL LN SU M M I T H I L L C T CR O S S G A T E C I R E PO S T O A K T R L WINEWOOD PL CROSSGATE CIR N HE R I T A G E A V E HE R I T A G E O A K S D R G A T E W A Y C T HE R I T A G E A V E MIDDLETON WAY W GLA D E R D STALBANS CIR BO W D E N H I L L L N E QU E E N S B U R Y W A Y E PEMBROOKE PKWY S RO B E R T S R D PR E S T W I C K D R QUEENSBURY WAY W GLADE RD MA R T I N P K W Y COPPERGLEN CIR BOWDEN HILL LN N WEXFORD CT PEMBROOKE PKWY N CROSSGATE CIR S WINDSOR C T 2800 4908 3500 4000 5008 3930 3300 3302 34023400 3930 3408 4503 3509 38303708 4504 4500 4900 2800 3501 3401 34093405 3506 3505 3904 4200 3303 3908 38293801 5017 3511 3404 5000 5001 3404 4601 3711 4705 3305 3500 3401 3504 3403 3400 3305 5042 4310 3515 3501 4605 4609 4318 3920 3606 5025 4702 3700 5017 3701 3601 4308 5005 4703 3605 3613 4307 4302 3612 36133204 3613 3303 3613 5009 4904 3609 4916 3612 4700 3609 3741 3605 3304 3302 3612 3612 3305 4912 3609 3604 3604 3608 3605 3508 3609 3608 3604 3605 3608 3404 3605 3608 3505 4600 4314 5000 5017 4905 5013 3506 3519 3400 5004 4312 3531 4300 4316 3501 3305 5044 3304 5013 4206 3302 3404 3503 5009 4206 4902 3502 4812 3402 3507 4908 3501 3300 4712 4306 3304 4307 3409 5012 4100 5008 3410 5016 4804 47083523 3503 3408 4904 4704 3301 3809 4102 5021 4800 3503 4900 4304 4204 3303 3305 3400 3401 4200 3402 4202 4800 3527 4311 4100 4808 5001 5005 3411 4200 4313 4209 3300 3304 4101 3500 4303 3401 3303 4205 3406 4101 3407 3302 4309 4203 4205 4301 4202 3403 4305 3504 4301 3405 4205 4103 4105 4303 4903 3301 4103 4207 4802 3303 4305 4203 3405 4201 34033305 3505 4906 4207 4102 4204 4201 4900 3407 48004801 4007 35013407 4906 4803 3405 4901 3401 4009 4802 4904 3403 4900 4902 4907 4803 4905 4903 4901 4801 3303 3405 390134073411 3405 340433043402 3304 3406 3410 5069 3407 3905 3408 3805 40013400 3305 3408 3401 3401 3409 3407 5020 3404 3410 3411 3406 3409 3907 3412 3403 3408 3305 3909 3410 3409 3400 3411 3400 4005 3403 3401 3404 4003 3903 3405 3402 3402 5024 3403 5049 5013 5004 5009 50605008 5052 50565012 5005 5061 5057 5065 5064 5016 5053 5058 5054 5052 5048 5062 5044 5056 5028 5068 50535057 5008 34063302 5017 3303 5032 5036 5028 5040 5001 3757 39333913 50605064 3925 3773 3917 3929 3761 5058 50325036 4190 5050 5000 5030 5046 3937 3909 5047 5012 Text PUD-R R-30 CC-2AG RE RD RD PUD-R PUD-R R-20 PUD-R R-40 PUD-R R-30 CC-1 Text Location and Zoning Map BL O C K 1 BL O C K 1 BL O C K 2 BL O C K 2 BL O C K 3 BL O C K 3 BL O C K 3 BL O C K 4 BL O C K 4 BL O C K 5 BL O C K 5 BLOCK 5 Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R HA R R I N G T O N , SA M U E L M A S O N A 3 5 2 , T R 6 RK P K E M , L L C A 3 5 2 , T R 6 D & A 3 5 2 , T R 6 D & A 6 8 5 , T R 1 B 3 RK P K E M , L L C A 3 5 2 , T R 6 C PE T T Y , R A N D Y G E T U X C A R O L S A 6 8 5 , T R 1 B 0 1 & A 6 8 5 , T R 1 B 1 , 1 B 4 , 1 B 2 , 1 B 5 Existing Zoning: PUDRExisting Zoning: PUDR Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : C C 1 - ( V i l l a g e R e t a i l ) Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R Ex i s t i n g Z o n i n g : P U D R ST . M A R Y ' S A D D N 37 1 8 5 PR E S T W I C K P A R K 32 9 8 0 ST . M A R Y ' S A D D N 37 1 8 5 PR E S T W I C K P A R K 32 9 8 0 PR E S T W I C K P A R K 32 9 8 0 PR E S T W I C K P A R K 32 9 8 0 HE R I T A G E T O W N CR O S S I N G 17 8 2 9 PR E S T W I C K P A R K 32 9 8 0 HE R I T A G E T O W N CR O S S I N G 17 8 2 9 CO P P E R G L E N A D D N 83 6 6 WA L G R E E N P L A Z A 44 8 0 4 HE R I T A G E O A K S , 1 7 8 1 8 HA R R I N G T O N , R G & D S M I T H E X E C A 6 8 5 , T R 2 HA R R I N G T O N , R G & D S M I T H E X E C A 6 8 5 , T R 2 BEING 13.63 ACRES SITUATED IN THE JOHN H. HAVENS SURVEY, ABSTRACT NO. 685 AND THE ELIZABETH COX SURVEY, ABSTRACT NO. 352 CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS 41 RESIDENTIAL LOTS - 2 COMMERCIAL LOTS - 6 COMMON AREAS BLOCK 1, LOTS 1-12; BLOCK 2, LOTS 1-11; BLOCK 3, LOTS 1-16;BLOCK 4, LOTS 1-2; BLOCK 5, LOT 1 COMMON AREA LOTS OS-1 THRU OS-6 MARCH, 2013PRELIMINARY PLAT OF PLANNER:SAGE GROUP, INC.1130 N. CARROLL AVE., STE. 200 SOUTHLAKE, TX 76092 (817) 424-2626ENGINEER:DEOTTE, INC.395 W. STATE HIGHWAY 114, STE. 400 SOUTHLAKE, TX 76092 (817) 421-8600PREPARED FOR:TERRA/MANNA, L.L.C.395 W. STATE HIGHWAY 114, STE. 300 SOUTHLAKE, TX 76092 (817) 410-9201Creekside at Colleyville OWNER - PROPERTY #2:SAMUEL HARRINGTON 2760 FULLER-WISER EULESS, TX 76039OWNER - PROPERTY #1:RANDY & CAROL PETTY 176 COUNTRY RD. 4680 BOYD, TX 76023HWY. 121 GLADE RD.COLLEYVILLE BLVD.HALL JOHNSON RD.CHEEK SPARGER RD.HERITAGE AVE.BROWN TR.POOL RD.JACKSON RD.MARTIN PKWY.VICINITY MAP (NTS) ””” ” ” ” ” ” ””””””” ” ” No t e s : - 5 0 ' W i d e L o t F r o n t S e t b a c k s a r e 1 5 ' T y p i c a l - 5 0 ' W i d e L o t R e a r S e t b a c k s a r e 1 0 ' T y p i c a l - 5 0 ' W i d e L o t S i d e S e t b a c k s c a n b e a c e n t e r - l o a d 5 ' s i d e y a r d o r z e r o l o t w i t h 1 5 ' / 0 ' - 8 0 ' W i d e L o t F r o n t S e t b a c k s a r e 2 0 ' T y p i c a l - 8 0 ' W i d e L o t R e a r S e t b a c k s a r e 2 0 ' T y p i c a l - 8 0 ' W i d e L o t S i d e S e t b a c k s c a n b e 7 . 5 ' o r 5 ' / 1 0 ' o p t i o n a s l o n g a s 1 5 ' s e p a r a t i o n f r o m e a c h h o u s e i s o b t a i n e d - T h e r e w i l l b e n o o u t s i d e s t o r a g e o n s i t e - O p e n s p a c e l o t s & l a n d s c a p e e a s e m e n t s w i l l b e m a i n t a i n e d b y t h e H o m e o w n e r s A s s o c i a t i o n ( H O A ) . Site Data Summary Chart Single Family Residential Lots Commercial Lots Common Areas COMMERCIAL Commercial Sites Commercial Open Space Esmts. (0.60 ac.)RESIDENTIAL Residential Lots Open Space R.O.W.R.O.W. Dedication (on Heritage)Total Residential GROSS AREA Residential Lot Summary Residential Lots Minimum Building Lot Area Average Building Lot Area Common Areas415,581 s.f.7,235 s.f.641 2 6 2.79 ac. 6.81 ac. 1.62 ac. 2.14 ac. 0.27 ac.10.84 ac.13.63 AC.L.U.D. / Zoning Existing Zoning:Proposed Zoning:PUD-R PUD-R 3-4-2013 Pr e l i m i n a r y P l a t Re v i s e d Ph a s e On e De v e l o p m e n t Pl a n ORDINANCE 0-07-1645 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TY 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 a rezoning under Case No. Z-07-008; 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 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 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 Ordinance 0-07-1645 Page 2of6 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. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance by reference as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map and as described on Exhibit "B" labeled Legal Description. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1.GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.4 dwelling units per acre. There shall be no more than 269 single-family residential lots. b. Commercial lots shall be permitted along the frontage of Heritage Avenue. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where specifically amended by this Ordinance. 2. CONCEPTUAL PLAN, SITE PLAN, AND PLATTING a. The development shall be generally consistent with this Ordinance and the Conceptual Site Plan, labeled as Exhibit "C", which shall not be Ordinance 0-07-1645 Page 3of6 considered a plat. The developer shall submit and receive approval from the City for any amendment to the Site Plan in accordance with the phasing of the development of any portion of this PUDR. A detailed Site Plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached. b. All commercial properties shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN- Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning Area "A" refers to lots adjacent to western property line. Planning Area "A" a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Building Height h. Maximum Lot Coverage 9,000 square feet 70 feet 120 feet 20 feet; or 15 feet for a front swing garage 5 feet 30 feet 40 feet 65% Planning Area "B" a. Average Lot Size b. Minimum Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line h. Maximum Building Height i. Maximum Lot Coverage 5. OPEN SPACE AND LANDSCAPE BUFFER Ordinance 0-07-1645 Page 4of6 5,500 square feet 5,000 square feet 50 feet 105 feet 20 feet; or 15 feet for a front swing garage 0, 1 or 9 feet with a 10 foot minimum between buildings 10 feet 40 feet 65% a. A 10 foot wide landscape buffer shall be designated along the entire western property line. No structures may be constructed within the landscape buffer. The landscape buffer shall be incorporated in the rear lots of Planning Area "A". Such landscape buffer shall is not an open space lot. Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development as a whole. In addition, the Section 5.9 Tree Replacement Requirements shall apply to any replacement tree greater than three (3) inches in diameter which is substantially damaged or which dies within two (2) years of final inspection. b. Open space lots shall be maintained by the Homeowners Association. c. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements including a fireplace, fountains, lights and a dock and pier. These amenities shall be owned and maintained by a homeowners association. 6. PRIVATE SIDEWALKS AND STREETS a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed on-site along with all other public improvements as part of this development between Glade Road and Cheek Sparger Road and prior to the time of Final Plat. The City Manager or his designee may approve a reduced trail width of eight (8) feet if necessary based upon topographic, landscape, or other issues. Such trail shall be included as part of any Site Plan submittal, and shall be consistent with the City's then existing Master Trail Plan. Sec. 5. Sec. 6. Sec. 7. 7. SCREENING Ordinance 0-07-1645 Page 5of6 a. An eight (8) foot masonry wall shall be built between any commercial and residential lots. b. An eight (8) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan. c. Perimeter fencing along Heritage Avenue shall only be required immediately adjacent to lots, and not be required along where floodplain or open space is adjacent to Heritage Avenue. 8. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall adhere to the requirements of the Land Development Code. c. The portion of the development located south of Little Bear Creek shall have a minimum of two (2) points of public vehicular ingress and egress from Cheek Sparger Road and/or Heritage Avenue. d. There shall be no direct access onto Glade Road from this development. e. There shall be no single family uses allowed adjacent to Heritage Avenue where there are, as of the passage of this ordinance, existing commercial uses directly across Heritage Avenue within the City of Euless. f. Retaining walls that are adjacent to residential lots shall be constructed with a stone facade. 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 specifically amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of Sec. 8. Sec. 9. Ordinance 0-07-1645 Page 6of6 this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT 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. 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 reading and public hearing being conducted on the /{., 5';f day of 9-~ 2007. The second reading and r-v?'>76eAJ2007. public hearing being conducted on the dz ft! day of ATTEST: 71 ,---~~//'-r"-.' _J.-,,L,e:.,_,_ ) crrv: OF COLLEYVILLE L. -, -JJ)~µ_g~~ Cynthia Singleton, TRMC, CMC David Kelly V City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Location and Zoning Map Exhibit "B" Legal Description CREEKSIDE AT COLLEYVILLE (PUD-R) 108.5 ACRE ZONING TRACT BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX SURVEY, ABSTRACT NO. 352, THE JOHN H. HA YENS SURVEY, ABSTRACT NO. 685, THE JESSE DOSS SURVEY, ABSTRACT NO. 441 AND THE S.C.H. WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF GLADE ROAD AND THE INTERSECTION OF; THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND HERITAGE AVENUE, A DISTANCE OF 99. 73 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE A VENUE; THENCE ALONG THE EAST LINE OF SAID HERITAGE A VENUE THE FOLLOWING COURSES AND DISTANCES; Page I of 3 S 12°21'40" W, A DISTANCE OF447.71 FEET TO A POINT FOR CORNER; S 05°25'1 l" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER; S 04°21 '00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HA VINO A DELTA ANGLE OF 27°31 '41 ",A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET, A CHORD BEARING OF S 17°31 '00" W, AND A CHORD LENGTH OF 533.45 FEET TO A POINT FOR CORNER; S 30°41 '03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46", A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86 FEET TO A POINT FOR CORNER; S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15", A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82 FEET TO A POINT FOR CORNER; S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNE~ECEIVED FEB O 6 2007 l:\SLD\02421300\SDA TA \ZONING.doc , Per •••..•• : • .....-0 · ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 FEET, A CHORD BEARING OF S 33°59'27 11 W, AND A CHORD LENGTH OF 968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF CHEEK SPARGER ROAD; THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK SPARGER ROAD, A DISTANCE OF 437. 70 FEET TO A POINT FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL l IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°01 '23 11 W, ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE S 89°02'53 11 E, ALONG THE NORTH LINE OF SAID TRACT 1, A DISTANCE OF 549.10 FEET TO A POINT FOR CORNER; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER; S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET TO A POINT FOR CORNER; THENCE N 00°15'08 11 E, A DISTANCE OF 443.19 FEET TO A POINT FOR CORNER; THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR CORNER; THENCE S 89°50'4 l" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER; THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR CORNER; Page2 of3 1:\SLD\02421300\SDATA\ZONING.doc THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER; THENCE S 00°27'3 l" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER; THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 13°35'47", A RADIDS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET TO A POINT FOR CORNER; THENCE S 76°13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS. 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C C T NO 02 4 2 1 3 0 ' " ' ! ~ I ORDINANCE O-13-1866 AN ORDINANCE AMENDING ORDINANCE O-07-1645 CONDITIONS; 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 Council approved Ordinance O-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case Z07- 0008; and WHEREAS, the applicant has requested an amendment to Ordinance O-07- 1645 to further amend the commercial zoning requirements at the southwest corner of Glade Road and Heritage Avenue; to amend the trail location requirements within the development; and to submit a detailed site plan for 14.75 acres of the development per the requirements of Section 4(2)a under Ordinance O-07-1645, under Case ZC12-031; 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 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 Ordinance O-13-1866 Page 2 of 5 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 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 the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O-07-1645 conditions. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 as depicted on the attached Exhibit “A”. Sec. 4. 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. Ordinance O-13-1866 Page 3 of 5 Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit “B” shall be deemed to satisfy the site plan requirements of Ordinance O-07-1645 Section 4(2)a. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase one final plat shall be consistent with Exhibit “B”. b. The remainder of the subject property within this PUD shall be required to submit a detailed site plan per Section 4(2)a of Ordinance O-07-1645 prior to the submission of a final plat. 2. GENERAL AMENDMENTS a. Sections 4(8) “d” and “e” of Ordinance O-07-1645 are hereby deleted. b. The maximum building height in this development shall not exceed 35 feet. c. The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements. Trail 24 must connect to all other trails noted on the 2005 Colleyville Pathways Plan. d. This development may be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances of the Land Development Code. e. The developer shall improve Heritage Avenue where it is adjacent to the development to the current standards of the Land Development Code and the Master Thoroughfare Plan at the time of development of the adjacent property. There shall be no option to escrow said construction costs as a perimeter street fee for future roadway improvements. Ordinance O-13-1866 Page 4 of 5 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 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. 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. Sec. 9. THAT all provisions of Ordinance O-07-1645 and the Land Development Code shall remain in full force and effect, except where amended herein. Sec. 10. 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 reading and public hearing being conducted on the 19th day of February 2013. The second reading and public hearing being conducted on the 5th day of March 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. Ordinance O-13-1866 Page 5 of 5 ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” –Location and Zoning Map Exhibit “B” Detailed Site Plan Planning Area A Planning Area B City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 03/25/2013 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for a Special Use Permit for a hospital with the primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition, and Lot 2R, Block 1 of the Linton Addition located at 5408 & 5500 Colleyville Boulevard, Case ZC13-002 Explanation Dowdey, Anderson, and Associates, in partnership with Emerus and Baylor Health Care System, has submitted a Special Use Permit (SUP) application to allow an emergency medical center on 5408 Colleyville Boulevard. The property is located at the southwest corner of Colleyville Boulevard (SH 26) and Church Street and is adjacent to 5500 Colleyville Boulevard, which will be combined with 5408 Colleyville Boulevard to form one lot. The applicant proposes to construct a 24 hour, 7 day a week emergency room, known as Baylor Emergency Medical Center. In general, the applicant proposes a 16,165 square foot facility with seven (7) exam room beds and eight (8) inpatient beds. The facility provides high quality emergency room care with on-site X-ray, CT scan, and ultrasound capabilities. Approximately 25 patients will visit the facility each day. The applicant estimates that 75 percent of patients are within eighteen (18) minutes of the facility. The service model that Emerus desires focuses on efficiency in delivery of emergency care, with an average wait for a patient to see an ER physician at 15 minutes. Approximately 30-40 associates will be employed at this facility. Existing Zoning and Development Conditions. The properties are zoned CC1- Village Retail, and are platted. Presently, the former Baylor Family Health Care facility is located at 5408 Colleyville Boulevard with plans for a demolition permit application pending. 5500 Colleyville Boulevard is presently vacant. Additional approval of a re- plat will be required upon the approval of the SUP. Hospital uses are allowed in the CC1-Village Retail zoning district with the approval of an SUP. Statement of Planning Objectives. The applicant has submitted a Statement of Planning Objectives which contains a detailed description of the proposed development. Site Plan. The property is 2.3 acres in area, with frontages on both SH26 and Church Street. The conceptual site plan submitted by the applicant shows the proposed Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 2 emergency medical center to be 16,165 square feet with the primary entrance facing SH26 and an alternative entrance and ambulance drop off facing Church Street. Landscaping and Tree Preservation. Chapter 4-Landscaping and Buffering in the Land Development Code requires a minimum of one (1) three (3) inch caliper tree per each forty (40) feet of street frontage along collector and arterial roadways. The landscape plan submitted by the applicant shows eleven (11) existing trees along SH26 and four (4) existing trees along Church Street. Additionally, two (2) four (4) inch caliper trees are proposed within the building setback line of SH26 frontage, along with four (4) other trees within the building setback line along Church Street, for a total of 21 trees. Additionally, a minimum of one (1) five gallon shrub is required to be planted for every five (5) feet of frontage along any roadway. The landscape plan meets the minimum shrub planting requirements. All landscaping will meet the minimum requirements of Chapter 4-Landscaping and Buffering prior to the issuance of the certificate of occupancy. Chapter 5-Tree Preservation in the Land Development Code requires any tree six (6) caliper inches or greater that is removed, destroyed, or more than 50% damaged and does not meet the exemption provisions of the code, be mitigated per Section 5.10. According to the tree survey, the applicant will remove 10 non-exempt trees, a total of 135.5 caliper inches and be subject to mitigation requirements. A mitigation report shall be required at time of preliminary plat. All tree preservation, mitigation, and protection will meet the minimum requirements of Chapter 5-Tree Preservation prior to the issuance of a Certificate of Occupancy. Building Design and Construction. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC1-Village Retail zoning district require a minimum commercial design score of 30. The subject building, as it is proposed, contains a design score of 30 and will be constructed of 100% masonry. A required design score of at least 30 has been added to the ordinance and all exterior surfaces must adhere to the design standards according to Chapter 6 of the Land Development Code. Access and Parking. The applicant proposes 57 parking spaces on site. Using the Land Development Code of one (1) parking space per 300 square feet of gross floor area, the minimum parking requirement of the proposed facility meets code. First Baptist Church Colleyville occupies the neighboring property to the south, with existing access from SH26. A mutual access easement between the applicant and the church will be proposed by the applicant. Primary access is derived from SH26 through an existing 24 foot driveway. Secondary access is derived from Church Street to the north through a common access and utility easement connection with the neighboring physical therapy office. According to plans for the expansion of SH26, there will be a median across from the existing driveway that serves the site such that no left turn movements will be Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 3 permitted upon completion of reconstruction of the highway. Traffic Generation and Access. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Hospital uses are expected to generate 16.78 vehicle trips per 1,000 square feet of gross floor area, on average. Based on this average, a facility with 16,165 square feet of gross floor area would add approximately 271 vehicle trips per day to the surrounding roadways. Master Plan. The Colleyville Master Plan recommends "office" and "retail" uses for the subject property. Technically, hospital uses are considered an institutional use on the future land use plan. Currently, there are no hospitals in Colleyville. However, the character of the proposed development is more consistent with a medical clinic than a hospital. Therefore, for the purpose of this request, hospital uses, including the primary use of an emergency room, comply with the land use designations of the Colleyville Master Plan provided they are approved through a Special Use Permit. Public Notification. Staff notified 12 property owners within 200 feet and all homeowners associations within 500 feet of each subject property regarding this request. Notice was published in the Fort Worth Star Telegram as required by state law and the Land Development Code. Staff has not received any correspondence to this request. Summary. The proposed use of a hospital with a primary use of an emergency room does not technically comply with the future land use designations of the Colleyville Master Plan. However, given the character of the proposed development being more reflective of a clinic than a hospital, staff agrees that the proposed use is consistent with other medical related uses within retail corridors in the community provided a Special Use Permit is approved. The proposed development will meet all requirements of the Land Development Code. Recommendation Approval with the following conditions: 1. GENERAL a. The emergency medical center authorized by this Special Use Permit shall not exceed 16,165 feet in area. b. The bed count in this emergency medical center shall not exceed fifteen (15), with Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 4 seven (7) exam room beds and eight (8) inpatient beds. c. The layout shall be generally consistent with the attached "Conceptual Site Plan." d. The specific use shall be for emergency medical care only. 2. PARKING AND ACCESS a. A minimum of 57 parking spaces shall be provided. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4- Landscaping and Buffering in the Land Development Code. 4. BUILDING DESIGN AND CONSTRUCTION a. The building design of the business shall be generally consistent with the attached rendering and elevations. Otherwise, the final design shall, at a minimum, have a design score of at least 30 as required by Chapter 6 of the Land Development Code. All exterior surfaces shall adhere to the design standards as required by Chapter 6 of the Land Development Code. b. All dumpsters shall, at a minimum, be screened with a minimum eight (8) foot high masonry wall and shall, otherwise, meet the requirements for dumpster screening in the Land Development Code. c. This Special Use Permit shall automatically expire upon the abandonment of the business known as "Baylor Emergency Medical Center," a change in the use, or upon the expiration or termination of the Certificate of Occupancy. Attachments 1.Location and Zoning Map 2.Legal Description 3.Notification List 4.Buffer Map 5.Aerial 6.Statement of Planning Objectives 7.Conceptual Site Plan 8.Floor Plan 9.Exterior Elevations 10.Exterior Rendering 11.Tree Survey 12.Landscaping and Screening Plan 13.Ordinance Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 5 SA N G A B R I E L A V E COL L E Y V I L L E B L V D HIDDEN OAKS CT PROFESSIONA L C T HID D E N O A K S D R RIVE R W A L K D R CHURCH ST 1221 5300 5601 5505 5615 5505 5600 5209 5200 1008 5301 1008 5501 5232 5601 5408 5609 1105 5301 1201 5199 5520 5311 5500 5309 5307 1008 5112 5611 909 5204 5401 1109 5609 5413 5200 5601 5605 5603 5510 5303 5606 5604 1104 5607 1005 14 1001 1009 10071003 16 11161104 112011121108 5145 51375141 1100 CC-2 AG CC-1 R-20 CPO CC-1 CC-1 PUD-C CC-1 AG PUD-C CC-1 R-20 PUD-R PUD-C PUD-R CC-1 Text Location and Zoning Map Site Site Legal Description Legal Description Owner Name Owner Address Owner City Owner State Owner Zip Situs Address First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville Texas 76034 5300 Colleyville Blvd Jd Judd Realty Holdings Llc 1109 Church St Colleyville Texas 76034 1109 Church St Dediego Family Trust 214 Via Lantana Aptos California 95003 5510 Colleyville Blvd Lee, Fred J Etal 3130 N Berkeley Lake Rd NW Duluth Georgia 30096 5501 Colleyville Blvd Churchville Partners Llc 4800 Bill Simmons Rd Colleyville Texas 76034 5500 Colleyville Blvd Ctl Properties Lp 214 W Northwest Hwy Grapevine Texas 76051 5413 Colleyville Blvd Branch Banking & Trust Co 150 S Stratford Rd Ste 400 Winston Salem North Carolina 27104 1201 Church St Hrt Properties Of Texas Ltd 3310 W End Ave Ste 700 Nashville Tennesse 37203 5408 Colleyville Blvd Brady, Libby W 5405 Collyville Blvd Colleyville Texas 76034 5401 Colleyville Blvd Bojku, Hatidze 5309 Collyville Blvd Colleyville Texas 76034 5311 Colleyville Blvd Hidden Oaks Estates HOA 5611 Hidden Oaks Drive Colleyville Texas 76034 Courtesy Notice Brian Jaffe (Applicant)5225 Village Creek Drive, Suite 200 Plano Texas 76034 Applicant Public hearing notices were mailed Thursday, March 14th by Taci Wrisley Notification List Buffer Map Text Aerial Statement of Planning Objectives The objective of this Special Use Permit request is to allow a hospital use on the subject property currently zoned Village Retail (CC1). The Baylor Health Care System has selected Colleyville as a market to construct a new 16,165 square foot hospital facility. This small, boutique hospital will include 7 exam room beds and 8 inpatient beds. Approximately 30- 40 associates will be employed at the new facility. Each associate may participate in a comprehensive medical plan along with other competitive benefits. Baylor Emergency Medical Center brings an efficient and patient centered approach to the delivery of emergency care. On average, Baylor Emergency Medical Center patients see an ER physician within 15 minutes of check-in. Our facility will be staffed with a board certified ER physician 24 hours a day, 7 days a week. Services at this facility will include: · High quality care, 24 hours a day, 7 days a week. Our facility never closes. · ER lab results in under 15 minutes on average. · On site X-ray and CT facilities. · Certification at the highest level of emergency room medicine. Approximately 25 patients will visit the facility each day. 75% of those patients are located within 18 minutes of this facility. The following preliminary construction schedule has been established by the design team: Permit Submittal Date: June, 2013 Construction Start: August, 2013 Building Turnover: March, 2014 Opening: May, 2014 Although this Baylor facility will have no Sales Tax impact as we are selling medical services and not equipment or goods, our estimated annual revenue is projected to be $6,000,000-$9,000,000. The estimated development cost will be approximately $10,000,000. This facility is a for-profit entity and therefore will be subject to property and personal property taxes. Our facility will enhance the City’s objective of becoming a medical center for the region. A vacant Baylor Family Care facility currently exists on the southern portion of this property. This facility will be demolished as part of the site improvements. We respectfully request the City allow a hospital use on this property. Co n c e p t u a l S i t e P l a n Fl o o r P l a n Exterior Elevations Exterior Rendering Tr e e S u r v e y SHEET L1of2City of Colleyville, Tarrant County, Texas Landscape Plan LANDSCAPE AND SCREENING Emerus Emergency Hospital # PLAN REVIEW REVISIONS BY DATEBar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECT PWP006One Inch La n d s c a p i n g a n d S c r e e n i n g P l a n SHEETLandscape Details LANDSCAPE AND SCREENING # PLAN REVIEW REVISIONS BY DATEBar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECTOne Inch L2of2City Of Colleyville, Tarrant County, Texas PWP006Emerus Emergency Hospital La n d s c a p i n g a n d S c r e e n i n g P l a n •••••••••••••••••••••••••••••••••• C O L L E Y V I L L E B O U L E V A R D (S T A T E H I G H W A Y 2 6 ) •••••••••••••••••••••••••••••••••••• • • • • • • • • • • • • • • • • • • • • • • 49 . 6 7 ' 12 S p a c e s 11 s p a c e s 4 sp a c e s HC Van HC Van Ra m p Ra m p HC Ram p HC HC 4 Sp a c e s HC 3 Sp a c e s 6 Sp a c e s 9 S p a c e s 7 Sp a c e s 3 S p a c e s Ra m p SHEET TR1of1City of Colleyville, Tarrant County, Texas Tree Survey / Tree Mitigation TREE SURVEY Emerus Emergency Hospital # PLAN REVIEW REVISIONS BY DATE 0Bar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECT PWP006One Inch La n d s c a p i n g a n d S c r e e n i n g P l a n ORDINANCE O-13-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1, OF THE BAYLOR HEALTH CARE SYSTEM ADDITION AND LOT 2R, BLOCK 1 OF THE LINTON ADDITION LOCATED AT 5408 AND 5500 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A HOSPITAL WITH A PRIMARY USE AS AN EMERGENCY ROOM; 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. ZC13-002; 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 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 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 O-xx-xxxx Page 2 of 4 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 the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a hospital with a primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition and Lot 2R, Block 1 of the Linton Addition located at 5408 and 5500 Colleyville Boulevard, as depicted on the location and zoning map, Exhibit “A”. 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. GENERAL a. The facility authorized by this special use shall not exceed 16,165 feet in area. b. The bed count in this emergency medical center shall not exceed fifteen (15), with seven (7) exam room beds and eight (8) inpatient beds. c. The layout shall be generally consistent with Exhibit “B,” conceptual site plan. d. The specific use shall be for emergency medical care only. 2. PARKING AND ACCESS a. A minimum of 57 parking spaces shall be required. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Ordinance O-xx-xxxx Page 3 of 4 Chapter 4-Landscaping and Buffering in the Land Development Code. 4. BUILDING DESIGN AND CONSTRUCTION a. The building design of the business shall be generally consistent with the attached Exhibit “D”. Otherwise the final design shall, at a minimum, shall have a design score of at least 30 as required in Chapter 6 of the Land Development Code. All exterior surfaces shall adhere to the design standards as required by Chapter 6 of the Land Development Code. b. All dumpsters shall, at a minimum, be screened with a minimum eight foot high masonry wall and shall, otherwise, meet the requirements for dumpster screening in the Land Development Code. c. This Special Use Permit shall automatically expire upon the abandonment of the business known as “Baylor Emergency Medical Center,” a change in the use, or upon the expiration or termination of the Certificate of Occupancy. Sec. 5. 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. 6. 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. 7. 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. 8. 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 O-xx-xxxx Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the _________ day of _________________________ 2013. The second reading and public hearing being conducted on the _________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Conceptual Site Plan Exhibit “C” – Statement of Planning Objectives Exhibit “D” Exterior Elevations and Renderings Exhibit “D” Exterior Elevations and Renderings - Continued City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 03/25/2013 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for approval of amendments to Section 3.24.C-Special Land Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-002 Explanation The purpose of this item is to consider amendments to Chapter 3-Land Use in the Land Development Code related to portable storage structures and to screening requirements. At the November 20, 2012 Pre-Council meeting, staff presented to the City Council the results of a survey of the cities that surround Colleyville (attached) concerning their screening standards. The City Council directed staff to draft amendments to City's screening standards and bring forward the amendments for consideration at a future City Council meeting. In addition to amendments to the screening standards, staff also proposes adding regulations to Chapter 3 concerning portable storage structures. These are commonly marketed as "PODS" and are utilized for temporary storage, mainly during move-in or move-out. The following is a breakdown of the proposed amendments: Section 3.24(C) - Special Land Use Standards Staff proposes adding a new sub-section that creates regulations for portable storage structures. These are utilized by both commercial and residential customers to store personal items either for moving or for other reasons such as remodeling or carpet cleaning. There are currently no regulations in Colleyville that address these types of structures. As such, staff conducted a survey of several local cities (attached) and received responses from four cities. Staff also researched cities at the national level. Based on staff research, the following are the proposed regulations for portable storage structures: "19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like container or other portable structure, other than an accessory building complying with all building codes and Land Development Code requirements, that can or is used for the storage of personal property of any kind and which is Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 2 located for such purposes outside an enclosed building. The use of portable storage structures are allowed under the following conditions: a. A temporary use permit shall be obtained from the Community Development Department prior to placement for any portable storage structure. b. There shall be no more than one (1) portable storage structure per property. c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. d. A portable storage structure must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. e. The portable storage structure must be set back a minimum of five (5) feet from all property lines. f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall of a building. g. The portable storage structure must be placed on an asphalt or concrete surface. h. The portable storage structure shall not be placed upon any street or within any rights-of-way. i. Portable storage structures associated with construction at a site where a building permit has been issued, are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions. j. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code." These proposed regulations are attached in mark-up format as well as Exhibit A in the proposed ordinance. Section 3.26 - Fences, Free Standing Walls and Screening Materials Based on discussion at the November 20, 2012 Pre-Council meeting, staff proposes to require masonry walls as screening elements between residential and commercial properties where currently both wood or masonry is permitted. Staff also proposes adding more detailed screening requirements for garbage, compacting and recycling Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 3 containers used for multifamily, mixed-use, institutional and commercial properties. The following is a detailed breakdown of the proposed amendments: Section 3.26(C)1 and 2 - the term "decorative masonry wall" has been inserted in place of "screening elements and fences" and a "wood or masonry" option. Section 3.26(C)3 - this is a new sub-section regulating garbage and recycling containers and reads as follows: "3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the primary structure was constructed on or after January 1, 2013: a. All containers shall be fully enclosed by a decorative masonry wall. b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d. The gate shall be composed of a durable metal and shall be of a color that matches or compliments the masonry wall. e. The gate shall remain closed at all times. Exception: gates for recycling bins may remain open provided all recycling material is completely stored within the container. f. Where possible, gates shall be oriented away from the view of any roadway traffic. g. All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non- multifamily residential purposes. h. For properties where the primary structure was constructed before January 1, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet unless subject to a different requirement as part of an SUP or PUD ordinance. However, loss of any legal-nonconforming status for any property and/or building as described in Section 3.7 shall require full compliance with this section. i. All enclosures, including gates, shall be maintained in good condition by the property Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 4 owner." This section repeals all existing references to screening of garbage containers and replaces it with the language above. As mentioned in the draft language above, these regulations would only apply to properties where the structure was built on or after January 1, 2013. For structures built prior to January 1, 2013, a wood or masonry enclosure will suffice provided the building and/or property does not lose any legal non-conforming status. Section 3.26(C)13 - this is a new sub-section that specifically address pre-formed concrete fences and reads as follows: "13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to the intent of these regulations." Section 3.26(D)1(a) - this amends the existing sub-section by clarifying that concrete masonry unit (CMU) and poured in place concrete fences must have an architectural finish. The purpose of this amendment is to avoid a cinder block or a flat, unfinished concrete fence. The amendments to Section 3.26 are attached mark-up format as well as Exhibit B in the proposed ordinance. Recommendation Attachments 1.City Comparison Matrix of Portable Storage Structures 2.City Comparison Matrix of Screening Standards 3.Proposed Changes to Section 3.24(C) of the Land Development Code 4.Proposed Changes to Section 3.26 of the Land Development Code 5.Proposed Ordinance City Duration Placement Max Size Number Misc. Fort Worth Maximum of 30 days unless associated with an unexpired building permit, which may be allowed up to 180 days or the duration of the building permit, whichever is less Only on a permanantly paved driving or parking surface if in the front yard of a single family residence or two-family residence; May not encroach into the street right of way n/a n/a n/a Bedford 60 days, with an additional 60 days allowed by administrative approval by the Building Official, or when being used in connection with a current building permit; The ZBA may grant approval for a period exceeding 120 days May be placed on a driveway in the front yard, and may encroach into the front yard or side yard setbacks, as long as the placement does not obstruct visibility; Must maintain a minimum separation of at least 5 feet from any building or structure; Cannot encroach into a sidewalk, firelane, access easement, or street right-of-way 10' x 10' x 20' maximum unless approved 1 Permit required for each storage contatiner; Not to be stacked; Not allowed on properties that do not have a primary use; Shall be painted and in good condition and appearance Keller 2 weeks without a permit; After that, must apply for an accessory building permit Must adhere to all setback restrictions of base zoning disrict; Not allowed in easement areas or alleys; allowed to be a minimum of 5 feet from side and rear property lines Not to exceed 10 feet in height; Must be 120 square feet or less No more than 2 and must be separated by a distance of not less than 10 feet n/a Grapevine Containers to be picked up or dropped off by self-storage services shall be visable for a period not to exceed 72 consecutive hours, and not more than 2 instances during any 30 day period Not allowed to be placed within a public right of way n/a n/a n/a City Comparison Matrix of Portable Storage Structures Grapevine Euless Bedford Hurst North Richland Hills Keller Southlake Colleyville Screening required between non-residential and residential Properties? Yes Yes Yes Yes Yes Yes Yes Yes Screening Type Fence, Wall, Earthen Berm Fence, Wall, Shrubs Wall Wall Wall Wall Fence, Wall Fence, Wall Screening Materials Allowed Wood, Masonry, Concrete, Dirt Berm Wood, Masonry, Chain link with slats, Ribbed Metal Panel Masonry only Brick or Decorative Masonry Masonry wall consistent with exterior wall material on main building Masonry Wood, Masonry, Concrete, Decorative Metal Wood, Masonry Minimum Screening Height 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 8 feet 8 feet Maintenance Responsibility Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Non-Residential Property Owner Other Items of Interest Screening requirements vary based on zoning districts Screening requirements vary based on zoning districts Provision for escrow in lieu of wall construction next to vacant lots zoned for residential uses Institutional Uses in Residentially Zoned Districts not required to Provide Screening n/a n/a n/a n/a Screening Required?Yes Yes Yes Yes Yes Yes Yes Yes Screening Materials Allowed Wood or Masonry Masonry Masonry Masonry Masonry Masonry Wood, Masonry or Landscaped Not Specified Minimum Screening Height 1 foot above the bin height 6 feet 6 feet 8 feet 6 feet 1 foot above the bin height 6 feet 6 feet Gate Type n/a n/a n/a Wood or Metal Metal n/a Metal n/a Garbage and Recycling Bin Screening Standards for Non-Residential Uses City Comparison Matrix of Screening Standards Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 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.B, 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 Living 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. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 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. (O-04-1454 / 4-16-04) (O-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. Alcoholic Beverage and Package Store Sales – A Special Use Permit is required for the sale of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit. Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. 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 a six-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. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 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 a six-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. Day 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 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. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and 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. e. 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. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. A maximum of one wind energy system, including the tower, shall be permitted per lot. j. 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. 19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like container or other portable structure, other than an accessory building complying with all building codes and Land Development Code requirements, that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. The use of portable storage structures are allowed under the following conditions: a. A temporary use permit shall be obtained from the Community Development Department prior to placement for any portable storage structure. b. There shall be no more than one (1) portable storage structure per property. c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 d. A portable storage structure must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. e. The portable storage structure must be set back a minimum of five (5) feet from all property lines. f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall of a building. g. The portable storage structure must be placed on an asphalt or concrete surface. h. The portable storage structure shall not be placed upon any street or within any rights-of-way. i. Portable storage structures associated with construction at a site where a building permit has been issued, are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions. j. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code. Proposed Changes to Section 3.24(C) of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 1 Section 3.26 Fences, Free Standing Walls, and Screening Materials A. Scope 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 Fee-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 a decorative masonry wall 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 non-residential 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 a decorative masonry wall screening elements and fences of not less than (8) feet in height or a landscaped berm. 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 with a decorative masonry wall of not less than eight (8) feet in height or a landscaped berm.. 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. cd. 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 screened, with a solid fencea decorative masonry wall, 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. Proposed Changes to Section 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 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. cd. 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 and shall be composed of decorative masonry material. de. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. ef. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f. All required screening between residential and commercial, institutional, multifamily and moble home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and moble home use. 3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the primary structure was constructed on or after January 1, 2013: a. All containers shall be fully enclosed by a decorative masonry wall. b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d. The gate shall be composed of a durable metal and shall be of a color that matches or compliments the masonry wall. e. The gate shall remain closed at all times. Exception: gates for recycling bins may remain open provided all recycling material is completely stored within the container. f. Where possible, gates shall be oriented away from the view of any roadway traffic. g. All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non-multifamily residential purposes. h. For properties where the primary structure was constructed before January 1, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet unless subject to a different requirement as part of an SUP or PUD ordinance. However, loss of any legal-nonconforming status for any property and/or building as described in Section 3.7 shall require full compliance with this section. i. All enclosures, including gates, shall be maintained in good condition by the property owner. 43. 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 Proposed Changes to Section 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 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”. Exhibit “3-1” Obstructions Prohibited 54. 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”. Exhibit “3-2” Visibility Triangle 65. 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. 76. 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. 87. 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. 98. 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 5high weeds. See Exhibit “3-3”. Proposed Changes to Section 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 Exhibit “3-3” Property Owner’s Responsibility 109. 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. 110. 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. 121. 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. 13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to the intent of these regulations. 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 primary structurehome faces. a. The primary fencing material shall be of wrought iron, pre-formedcast concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. All poured in place concrete and CMU shall contain an architectural finish. b. On a corner lot, a house shall be deemed to face on that street on which it has it's least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate 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. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, 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 twenty-five Proposed Changes to Section 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph “1.a” above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, 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”. 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 Proposed Changes to Section 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 6 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. 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. Proposed Changes to Section 3.26 of the Land Development Code Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 7 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. Proposed Changes to Section 3.26 of the Land Development Code ORDINANCE O-13-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24(C) – SPECIAL LAND USE STANDARDS AND, SECTION 3.26 – FENCES, FREE STANDING WALLS AND SCREENING MATERIALS 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 O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend certain portion of the Land Development by adding a section regulating portable storage structures and by amending the general screening requirements; 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 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(C) – SPECIAL LAND USE STANDARDS of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “A”. Sec. 2. THAT Chapter 3 Land Use, SECTION 3.26 – FENCES, FREE STANDING WALLS AND SCREENING MATERIALS of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “B”. 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 Ordinance O-13-XXXX Page 2 of 2 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 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 2nd day of April 2013. The second reading and public hearing being conducted on the 16th day of April 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 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.B, 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 Living 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. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 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. (O-04-1454 / 4-16-04) (O-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. Alcoholic Beverage and Package Store Sales – A Special Use Permit is required for the sale of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit. Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. 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 a six-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. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 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 a six-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. Day 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 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. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and 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. e. 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. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. A maximum of one wind energy system, including the tower, shall be permitted per lot. j. 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. 19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like container or other portable structure, other than an accessory building complying with all building codes and Land Development Code requirements, that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. The use of portable storage structures are allowed under the following conditions: a. A temporary use permit shall be obtained from the Community Development Department prior to placement for any portable storage structure. b. There shall be no more than one (1) portable storage structure per property. c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 d. A portable storage structure must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. e. The portable storage structure must be set back a minimum of five (5) feet from all property lines. f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall of a building. g. The portable storage structure must be placed on an asphalt or concrete surface. h. The portable storage structure shall not be placed upon any street or within any rights-of-way. i. Portable storage structures associated with construction at a site where a building permit has been issued, are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions. j. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 1 Section 3.26 Fences, Free Standing Walls, and Screening Materials A. Scope 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 Fee-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 a decorative masonry wall 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 non-residential 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 a decorative masonry wall of not less than (8) feet in height or a landscaped berm . 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 with a decorative masonry wall of not less than eight (8) feet in height or a landscaped berm. c. 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 screened, with a decorative masonry wall, 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. 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. In all districts where open storage is permitted and the screening thereof is required, then such Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height and shall be composed of decorative masonry material d. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. e. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f. All required screening between residential and commercial, institutional, multifamily and moble home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and moble home use. 3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the primary structure was constructed on or after January 1, 2013: a. All containers shall be fully enclosed by a decorative masonry wall. b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d. The gate shall be composed of a durable metal and shall be of a color that matches or compliments the masonry wall. e. The gate shall remain closed at all times. Exception: gates for recycling bins may remain open provided all recycling material is completely stored within the container. f. Where possible, gates shall be oriented away from the view of any roadway traffic. g. All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non-multifamily residential purposes. h. For properties where the primary structure was constructed before January 1, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet unless subject to a different requirement as part of an SUP or PUD ordinance. However, loss of any legal-nonconforming status for any property and/or building as described in Section 3.7 shall require full compliance with this section. i. All enclosures, including gates, shall be maintained in good condition by the property owner. 4. 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”. Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 Exhibit “3-1” Obstructions Prohibited 5. 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”. Exhibit “3-2” Visibility Triangle 6. 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. 7. 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. 8. 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. 9. 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 5high weeds. See Exhibit “3-3”. Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 Exhibit “3-3” Property Owner’s Responsibility 10. 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. 11. 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. 12. 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. 13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to the intent of these regulations. 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 primary structurefaces. a. The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. All poured in place concrete and CMU shall contain an architectural finish. b. On a corner lot, a house shall be deemed to face on that street on which it has it's least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate 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. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, 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 twenty-five Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph “1.a” above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, 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”. 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 Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 6 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. 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. Exhibit "B" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 7 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. Exhibit "B"