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HomeMy WebLinkAboutOrdinances (O-00-1249)-11/08/2000 ORDINANCE 0-00-1249 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 2 - DEFINITIONS AND CHAPTER 3 - LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, BY APPROVING REGULATIONS FOR LARGE COMMERCIAL BUILDINGS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, Chapter 211 of the Texas Local Government Code authorizes the governing body of a municipality to adopt zoning regulations to regulate the height, number of stories, size and bulk of buildings and other structures; and WHEREAS, the City Council has determined that the unregulated development of large commercial buildings presents unusual land use concerns for the City, tend to have irreversible adverse impacts on adjacent neighborhoods, and promotes dangerous congestion in the streets; and WHEREAS, the City Council of the City of Colleyville desires to amend Chapter 2 - Definitions and Chapter 3 - Land Use of the Colleyville Land Development Code, Ordinance 0-00-1214, by approving regulations for large commercial buildings; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; 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; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its report and recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 2 - Definitions, Section 2.5, Definitions, of the Land Development Code is hereby amended to add a definition, such definition to read as follows: Ordinance 0-00-1249 Page 2 of 12 a. Large Commercial Building. A building containing one or more commercial businesses and having a building footprint of forty thousand (40,000) square feet, or more. Sec. 2. THAT Chapter 3 - Land Use, Section 3.24.C, Table of Permitted Uses, of the Land Development Code is hereby amended to add a permitted use, such permitted use to read as follows: Large Commercial Building: (see Section 25.1) Sec. 3. THAT Chapter 3 - Land Use of the Land Development Code is hereby amended by adding Section 25.1 Large Commercial Buildings, such section to read as follows: Section 25.1 Laroe Commercial Buildinos 25.1.A Applicability The criteria in this Section shall be applicable to the construction of any new large commercial building proposed for construction on or after November 8, 2000. These criteria shall not be applicable to the following: 1. the use, re-use, modification or consolidation of existing commercial buildings developed prior to November 8, 2000, or to the expansion of commercial buildings existing as of November 8, 2000, provided expansion does not exceed ten percent (10%) of the existing building footprint, including the cumulative amount of all prior expansions, or 2. buildings constructed within the limits of the PUD-C established by ordinance 0-99-1141. 25.1.B General Provision No new large commercial building shall be permitted for construction within the city of Colleyville, except where allowed as follows: Ordinance 0-00-1249 Page 3 of 12 a. Large Commercial Building shall be allowed by right in the ML - Light Manufacturing District b. Large Commercial Building shall be allowed with approval of a Planned Unit Development - Commercial c. No large commercial building shall be permitted within a previously approved Planned Unit Development - Commercial, unless the approving ordinance contains a specific provision for a large commercial building as provided in this Section. The requirements and procedures for a Planned Unit Development - Commercial contained elsewhere in the Colleyville Land Development Code and the additional requirements set forth in this Section shall be used in the review of an application for a large commercial building. The City Council may establish such terms and conditions as are necessary to protect life, health, property, public peace and the general welfare of the public and the adjacent properties. For purpose of this regulation, a commercial building which contains a building footprint of forty thousand (40,000) square feet, or more, shall be declared a large commercial building and be subject to these criteria. 25.1.C Application and Development Requirements Every large commercial building must comply with the requirements of this Section. All site plan reviews required by the Colleyville Land Development Code or applications for a rezoning request for a Planned Unit Development - Commercial for a large commercial building shall include all the information outlined as follows. a. Site Plan - A site plan, drawn to scale, showing the property boundary, all proposed buildings, water features, creek channels, the 100-year flood plain, outdoor display areas, proposed driveways, parking lots, landscaped areas, loading and delivery docks, refuse and recycling facilities and other physical features which may influence the development of the site. b. Elevation Drawings - Building elevation drawings, drawn to scale, indicating the type and percentage of each exterior building wall material. Ordinance 0-00-1249 Page 4 of 12 25.1.0 Development Requirements a. Building Height, Set Back Requirements and Maximum Lot Coverage - The minimum front, side and rear building set back lines, maximum building height, and maximum lot coverage for a 40,000 square foot building footprint shall be in accordance with the following schedule: Minimum Building Line Set Backs, Maximum Height and Maximum Lot Coverage for a 40,000 s.f. Lar e Commercial Buildin Minimum Building Set Back Front: Side: Rear: 40 ft, 40 ft. 40 ft, 35 ft, 40% Maximum Buildin Hei ht Maximum Lot Covera e Notes: (1) The minimum building set back line adjacent to a public street shall be increased one foot for each additional increment of 2,000 s.f. of building footprint over 40,000 square feet of building footprint. (2) The minimum building set back line adjacent to a residential zoned property shall be a minimum of 50 feet and shall be increased one foot for each additional increment of 1,000 s,f. of builidng footprint over 50,000 square feet of builing footprint with a maximum building setback of 250 feet. If a public road stands between the residential zoned property and the commercial establishment, the road width may be included in the setback calculation if the setback exceeds 100 feet. (3) The setback requirements between two commercial zoned properties shall conform with the CC2 zoning requirements as outlined in the Land Development Code, b. Fa9ade Articulation - All large commercial buildings shall have facades which comply with the following requirements: Ordinance 0-00-1249 Page 5 of 12 I. Horizontal Articulation - No building fac;ade which faces a public street shall extend horizontally greater than three (3) times the height of the wall without having an off-set of not less than fifteen (15%) percent of the wall's height as shown on the attached Exhibit "A", and such off-set shall continue for a minimum distance equal to at least twenty-five (25%) percent of the length of the longest adjacent plane. ii. Vertical Articulation - No building fac;ade which faces a public street shall extend horizontally for a distance greater than three (3) times the height of the wall unless the wall contains at least one of the following features and every front building fac;ade shall have no less than two of the following features: (a) Parapets which change the roof line. The parapet height shall be a minimum of fifteen (15%) percent of the wall's height, and such height change shall continue for a minimum distance equal to at least twenty-five (25%) percent of the length of the longest adjacent plane. (b) Overhanging eaves, extending no less than three (3) feet past the supporting walls. (c) Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or equal to one (1) foot of vertical rise for every one (1) foot of horizontal run. (d) Three or more roof slope planes. (e) A covered walkway along a minimum of fifty (50%) percent of the front fac;ade length. c. Side and Rear Facade Features - Side and rear building facades, which do not face a public street, shall include a minimum of three architectural changes, such as (1) a changing plane not less than five (5) feet in width and eighteen (18) inches in depth, (2) a surface material change of not more than thirty (30) feet in length, as measured horizontally, or (3) a combination of these elements. Ordinance 0-00-1249 Page 6 of 12 d. Building Design - In addition to the building fac;ade requirements contained herein, the site plan and building elevation plans shall comply with the requirements of Chapter 6 - Building Design of the Colleyville Land Development Code, except where modified by the requirements in this Section. The minimum building design score shall be 30 points. e. Exposed Columns - Exposed structural support columns shall be constructed of, or clad in, the same masonry material as the principal structure. Architecturally significant columns (e.g. fluted, etc.) may be permitted. f. Exterior Surface Materials - A minimum of ninety (90%) percent of each exterior wall surfaces, excluding door and window openings, shall be constructed of clay-fired brick, native stone, cast stone, or a combination of these materials. Tilt - up concrete construction is permitted, provided the exterior surface is covered with clay-fired brick, native stone, cast stone, or a combination of these materials. Stucco and EIFS (Exterior Installation Finished System) are permitted for not more than ten (10%) percent of the exterior surface. Concrete block, split-faced block or cinder-block shall not be acceptable, except where a wall surface faces an adjacent non- residential building. Proposals for surface materials with similar durability and appearance of clay-fired brick, native stone, or cast stone may be considered. g. Exterior Surface Colors - The exterior surfaces shall be of a natural finish, provided the colors are, subtle, or neutral colors. Trim and accent areas may be painted and feature brighter colors, including primary colors, but not more than ten (10%) percent of the wall surface area. High intensity or fluorescent colors are prohibited. h. General Landscaping Requirement - The landscaping of the development shall comply with the requirements of Chapter 4 - Landscaping and Buffering of the Land Development Code, except where modified by the requirements of this Section. All ground surfaces not used for buildings, sidewalks, roadways or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching. In order to insure for a variety of plant materials the following minimum requirements for grass, shrubs, and trees shall be provided: Ordinance 0-00-1249 Page 7 of 12 I. Minimum Landscaping Coverage: Not less than twenty percent (20%) of the total land area of the development shall be, landscaped. At least fifty percent (50%) of the total landscaped area shall be located in the street yard(s). The overall minimum percentage of required landscaping may not be reduced by the application of landscaping enhancement credits. ii. Trees: Landscaping shall include the retention or planting of one (1) three-inch (3") caliper overstory shade tree per each forty (40) feet of street frontage. These trees to be planted within the landscaped buffer adjacent to each street frontage. i. Landscape Buffer and Screening Wall Adjacent to Residential Property - Along the entire length of the common property line adjacent to residential property there shall be a landscape buffer, a minimum of forty (40) feet in width, and a solid screening wall constructed of clay-fired brick, native stone, cast stone, or a combination of these materials, not less than eight (8) feet in height nor more than ten (10) feet in height. The landscape buffer and the solid screening wall shall be .provided along the entire length of any property line adjacent to any residential property. The landscaped buffer shall contain lawn grass or ground cover and be maintained as a permanent landscaped area. There shall be no buildings, parking areas, driveways, sidewalks or structures contained within the required buffer. The landscaping buffer shall include the retention or planting of one (1) three-inch (3") caliper overstory shade tree per each forty (40) feet of common property line with an adjacent residential property. Said screening wall shall be constructed generally along the common property line with the residential property, but its terminus shall not encroach nearer than twenty-five (25') to a street right-of-way. J. Landscape Buffer and Screening Adjacent to Public Streets - There shall be a minimum forty (40) foot wide landscape buffer adjacent to all street rights-of-way. There shall be no buildings, parking areas, driveways, sidewalks or structures, except permanent signs, contained within the required landscape buffer. A driveway or sidewalk may cross the buffer to provide access to the site. Within the landscaped buffer, there shall be either one or a combination of the following landscaping features: Ordinance 0-00-1249 Page 8 of 12 I. Earthen Berms: A minimum of thirty (30) inches in height with a maximum side slope of three feet to one foot of rise as shown on the attached Exhibit "8". The berm shall not extend parallel to the street right-of-way, but shall meander in a serpentine fashion and shall be entirely vegetated with lawn grass or groundcover. ii. Shrubs: A row of shrubs consisting of individual shrubs planted not more than thirty-six (36) inches on center which will form a solid continuous visual screen of not less than thirty (30) inches in height within a two year period after planting as shown on the attached Exhibit "C". Shrubs shall be maintained so as to not exceed six (6) feet in height. The shrub row shall be located along the portion of the landscaped buffer that is the furthest from the street right-of-way. iii. Low Solid Wall: A solid wall constructed of clay-fired brick, native stone, cast stone, or a combination of these materials, not less than thirty (30) inches in height as shown on the attached Exhibit "D". Said wall shall be constructed generally parallel to and twenty (20) feet from the street right-of-way. The solid wall shall not constitute more than thirty (30) percent of the length of the abutting street frontage. k. Parking Lot Landscaping - Parking areas shall contain a minimum of one (1) landscaped island per sixteen (16) parking spaces. No landscaped island shall be less than three-hundred (300) square feet. Every landscaped island shall include one (1) three-inch (3") caliper shade tree with the remaining area covered with grass, shrubs or ground cover. Landscaped planting areas shall be located so that no parking space shall be more than seventy-five (75) feet from the trunk of a shade tree. Where a landscaped island is adjacent to a landscaped buffer, the parking spaces adjacent to the landscaped island shall be paved with a pervious material pave-stone. The parking lot landscaping requirements contained in the paragraph shall not be applicable to the interior parking spaces of a parking garage. I. Parking Lot Walkways - There shall be a pedestrian walkway a minimum of eight (8) feet in width for every four rows of parking within the parking area. Said walkway shall be constructed parallel to the parking rows as shown on the attached Exhibit "8". The walkway shall be paved with a hard surface. Ordinance 0-00-1249 Page 9 of 12 m. Curbing of Landscaped Areas - All landscaped islands and landscaped areas shall be protected from vehicular encroachment by concrete curbs a minimum of six (6) inches in height. n. Permanent Ground Signs - The development shall comply with the provisions of Chapter 7 - Sign Regulations of the Colleyville Land Development Code, except that only one monument sign per street frontage shall be allowed. The maximum height of the monument sign structure shall be eight (8) feet. The maximum area of the monument sign structure shall be one-hundred (100) square feet. Only external illumination shall be allowed. Each side of the monument sign structure shall contain an architectural feature of clay-fired brick, native stone, cast stone or a combination of these materials. The architectural feature shall be equivalent to fifteen (15%) percent of the total area of the sign structure. o. Attached Building Signs - The development shall comply with the provisions of Chapter 7 - Sign Regulations of the Colleyville Land Development Code, except that the total square footage of all wall signs shall not exceed ten (10%) percent of the wall face. p. Tree Preservation - The development shall comply with the provisions of Chapter 5 - Tree Preservation of the Colleyville Land Development Code. q. Off-Street Parking and Loading Requirements - The development shall comply with the requirements of Section 3.29 - Off-Street Parking Requirements of the Colleyville Land Development Code. The maximum number of parking spaces shall be one (1) space per two-hundred (200) square feet of gross floor area. r. Delivery / Loading Spaces - No delivery or loading space shall be located within one-hundred (100) feet of a residential property. All delivery and loading spaces shall be screened from public view from a street right-of-way or an adjacent residential property by an eight (8) foot to ten (10) foot tall solid screening wall constructed of like material to the building. Additional planting materials shall be provided so that no more than two-thirds of the surface area of the solid screening wall is visible from the street or residential property. The live plant screening shall consist of shrubs, a minimum of three (3) feet in height when planted, and which can be expected to reach six (6) feet or greater in height within three (3) years of planting. Shrubs shall be spaced so that there shall be no gap Ordinance 0-00-1249 Page 10 of 12 greater than four (4) feet between mature plant materials. No delivery or loading area shall be operated between the hours of 11 :00 p.m. and 6:00 a.m. Parking of delivery vehicles shall not exceed 48 hours duration. s. Outdoor Display Areas - Outside display of merchandise shall be allowed, provided that it shall be limited to an area within eight (8) feet of the front wall of the primary building and further provided that emergency pedestrian access to the building is not blocked. No merchandise shall be displayed between the hours of 11 :00 p. m. and 6:00 a. m. For purpose of this regulation, the front wall shall be the front containment wall of the structure and not the front of an overhanging walkway cover. t. Outside Storage and Sales Areas -There shall be no outside storage or outside sales areas of landscaping materials, plants or general merchandise, except for an outside display area, as provided in the above paragraph. For purpose of this regulation, nothing shall prohibit the sale or display of landscaping materials, plants or general merchandise located behind an enclosed solid screening wall constructed of like materials to the building, provided merchandise is not visible above the top of the screening wall. u. Refuse Collection - No refuse collection shall occur within 100 feet of residential property. All refuse containers, including recycling containers, and trash compactors shall be screened from view from a public street and from adjacent residential properties by an enclosure constructed on three sides with an eight (8) foot high solid masonry screening wall constructed of like material to the building. Said screening enclosure shall include solid metal doors. When a refuse container, trash compactor or recycling container is situated adjacent to a residential property, the screening wall enclosure shall comply with the building setback lines established for the zoning district. v. Screening of Mechanical Equipment - Roof or ground-mounted mechanical equipment shall be screened to mitigate noise and views in all directions from adjacent property. If roof mounted, the screening material shall be designed to conform architecturally with the design of the building. Ground-mounted mechanical equipment shall be screened by a solid masonry screening wall constructed of Sec4. Sec 5. Sec6. Ordinance 0-00-1249 Page 11 of 12 like material to the building and be of sufficient height to block the view and noise of the equipment from adjacent property. w. Cart Storage - All shopping cart storage areas shall be contained within the primary building. Temporary shopping cart parking within parking areas shall be allowed, provided carts are removed to within the primary building on a frequent basis. x. Outdoor Lighting - Light poles situated within 300 feet of residential property shall not exceed twenty (20) feet in height. Exterior lighting must be High Intensity Discharge (HID) lights shielded and directed away from adjacent properties and shall produce light no greater than one foot candle at the property line, except at driveway entrances which shall be lighted adequately to provide for safe access to the property. The parking lot lighting system shall be designed to dim between the hours of 11 :00 p.m. and 6:00 a.m. Wooden light poles shall be prohibited as an illumination standard. Security lighting at the rear and sides of the building shall be designed to reduce light pollution and to prevent objectionable glare onto any residential property. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance 0-00-1249 Page 12 of 12 Sec 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. ~L 2~: ~eading and public hearing being conducted on the S,u!. day of ~' 2000. T~e)le~d reading and public hearing being conducted on the t?ti. day of fjuJua.j;tM. ,)2000. ATTEST: CITY OF COLLEYVILLE: CynthiaSinglelon M~' !~ DonnaA~ r: City Secretary (j' ~~i Mayor t>"J::....-J~ Exhibit "A" Fa~ade Articulation Berm Landscape Berm Exhibit "B" Hedge Masonry wall Landscape Shrubs Exhibit "e" "-. Solid Wall Exhibit "0" 8' Paved Walkway per four rows of parking Parking Lot Walkway Exhibit "E"