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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/27/2014 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, January 13, 2014 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on January 13, 2014 at 7:02 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Chairman Jeff Byerly Staff Present: Ron Ruthven, Mary Elliott, Taci Wrisley, Rob McKeown, Brian Riley, Dan Hartman, Marty Wieder, Councilman Chuck Mogged, and M (City Attorney) 1. APPROVAL OF MINUTES Commissioner Davis made a motion to approve the minutes as corrected. Commissioner Wheelwright seconded. The motion to approve the minutes as corrected carried by the following vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not agenda as a public hearing item. 3. PUBLIC HEARING AGENDA ITEMS 3a Request for a replat of Lot 1R, Block 1, of the First Baptist Ch Colleyville Addition, Lots 1 and 2, Block 1, of the Garden Addit and Lot 1, Block 1, of the H. E. C. Addition, located at 5405 Pl Run Road, PC13-028 Mary Elliott presented the case and briefed the Commission. City of Colleyville Page 1 Planning and Zoning Commission Minutes January 13, 2014 Commissioner Wheelwright questioned staff regarding the location of the proposed five (5) foot trail. Mary Elliott replied the trai located in the 20 foot landscape buffer located at the southern end of the property. The public hearing was opened at 7:08 p.m. Kevin Wolfe, applicant, came forward and briefed the Commission. Commissioner Tornes questioned Mr. Wolfe regarding if they would be gaining or losing parking spaces by platting this property. Mr. replied the church has plans to construct a new educational facility on their property and would lose parking spaces. He further explai this was the reason they were looking to plat the property in qu so that they would be acquiring just as many spaces as they will losing. Commissioner Tornes questioned Mr. Wolfe regarding whether they would be attracting more traffic with the new educational facili Wolfe replied no. Commissioner Phelps questioned Mr. Wolfe regarding the existing structure located on the North end of the property and whatthe use is. Mr. Wolfe replied it is used for maintenance and storage. There being no one else wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Phelps made a motion to approve Case PC13- 028. Commissioner Tornes seconded. The motion to approve Case PC13-028 carried by the following vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3b Request for a replat of Lot 1, of the Village at Colleyville Addn, located at 23 Mission Lane, Case PC13-002 Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 7:14 p.m. There being no one wishing to speak, the public hearing was clos 7:14 p.m. City of Colleyville Page 2 Planning and Zoning Commission Minutes January 13, 2014 Commissioner Wheelwright made a motion to approve Case PC13-002. Commissioner Knox seconded. The motion to approve Case PC13-002 carried by the following vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3c Request for a replat on 5.7 acres located on Lots A1, B1 and B1A of The Oaks Addition, located at One, Two, and Three Country Way, Case PC13-026 Mary Elliott presented the case and briefed the Commission. The public hearing was opened at 7:22 p.m. Bryan Holland, applicant, came forward and briefed the Commission. Julia Rowland, 5900 Hunter Trail, came forward and spoke in opposition. Joan Debrei, 610 Colts Neck Court, came forward and spoke in opposition. Stephen Rhodes, 5812 Hunter Trail, came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was closed at 7:34 p.m. Bryan Holland came forward and addressed comments and concerns. Commissioner Tornes questioned Mr. Holland regarding home elevations. Mr. Holland replied he did not have finalized drawings available; however, the sites would only be raised slightly to accommodate drainage. Discussion occurred between the Commissioners and Mr. Holland regarding the drainage plan for the proposed development. Commissioner Tornes questioned staff regarding if there was someon staff at the City of Colleyville to review the drainage plans and ensure the drainage is being accommodated. Mary Elliott replied yes, Dan Hartman. City of Colleyville Page 3 Planning and Zoning Commission Minutes January 13, 2014 Commissioner Tornes questioned staff regarding whether a traffic study had been completed for W. L. D. Lockett Road. Ron Ruthven replied no. Dan Hartman came forward and addressed comments regarding drainage. Commissioner Davis questioned Dan Hartman regarding if he believed the proposed drainage plan would handle the amount of water coming from the adjacent developments. Dan Hartman replied he has not reviewed an official set of plans; he has only had discussions with the applicant. Commissioner Davis questioned why the Commission was being asked to approve this case if a drainage plan had not been approved. Chairman Byerly replied because the case is regarding a plat.Ron Ruthven also replied at the least the developer would be required to meet the minimum requirements of the Land Development Code. Discussion continued between staff and the Commission regarding Land Development Code drainage requirements. Commissioner Phelps questioned Dan Hartman regarding whether he believed the proposed drainage plan would be good solution to the drainage issues in this area. Dan Hartman replied yes. Commissioner Tornes questioned staff regarding where residents should go or who to contact with drainage questions. Dan Hartma replied he would be more than happy to answer any citizen questions. Commissioner Gotcher made a motion to approve Case PC13- 026. Commissioner Tornes seconded. Commissioner Phelps stated he understood the frustrations because they have not been aware of the process before this meeting. He further explained at this stage of the process, the Commission was limited to what they could do. Chairman Byerly added the zoning for this property has been in place for years and because this was a plat case they could not address issues related to zoning. Commissioner Davis stated he believed if the residents were to meet with the developer and city staff regarding their concerns they possibly feel better about the proposed development. He further City of Colleyville Page 4 Planning and Zoning Commission Minutes January 13, 2014 stated most of their concern have been addressed in past meetings. The motion to approve Case PC13-026 carried by the following vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 7:51 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on January 27, 2014 by a vote of ______. City of Colleyville Page 5 BRANSFORD RD BRANSFORD RD REAGAN RD COUNTRY WAY LOWRIE RD COUNTRY WAY LOWRIE RD Colleyville, Texas, Land Development Code Section 3.27 Accessory Buildings and ResidentialCarport Regulations The following regulations shall govern the location, size and use of accessory buildings: A. Accessory Buildings Located in Residential Zoning Districts (O-00-1223 / 07/18/00) 1.Permit Required: a. A building permit shall be required for any accessory building which exceeds one hundred and twenty (120) square feet. However, all accessory buildings containing 120 square feet or less shall comply with the height and setback requirements of this Section. An accessory building shall only be allowed as an incidental structure to a principle building unless the accessory building is located in the Agricultural District. b. For the purpose of this Section, the term accessory building shall include detached residential garages and pool houses, but shall exclude a carport (see Section 3.27.C). 2.Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Maximum Square Footage of all Accessory Buildings Lot Size Under .5 ac .5– .99 ac. 1 – 2.99 ac. 3+ ac. Total s. f. 750 s. f. 1,000 s. f. 1,750 s. f. 2,500 s. f. b. For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. c. An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP). d. An existing accessory building may be remodeled or expanded provided the combined square footage of all accessory buildings does not exceed the maximum square footage allowed. However, an existing accessory building which exceeds the maximum square footage allowed may be remodeled or replaced with a new accessory building, but not expanded or increased in height. e. There shall be no physical connection between accessory buildings and a minimum separation of three (3) feet between accessory buildings. 3.Setbacks: a. No accessory building shall be erected in any required yard, as defined in Chapter 2 – Definitions, except as set forth herein. b. Attached accessory buildings – Accessory buildings erected ten (10) feet or closer to the principal building shall be considered attached, and shall comply with the setback lines established for the applicable zoning district. For the purpose of this regulation, the distance between buildings shall be measured between the nearest wall surfaces. c. Detached accessory buildings – A detached accessory building shall comply with the setback lines established for the applicable zoning district, unless the accessory building is located totally Chapter 3 - Land Use Page 3 - 1 Colleyville, Texas, Land Development Code behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line. 4.Maximum Height: No accessory building shall penetrate a vertical height envelope defined as being a point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a o 45 angle to the height of the primary building. 5.Permitted Uses: The use of an accessory building shall be consistent with the permitted uses of the applicable zoning district, except, no accessory building shall be used for dwelling purposes other than for domestic servants employed for the premises, where permitted by the district regulations. 6.Special Use Permit Provision: Any request for a building permit for an accessory building which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. B. For Accessory Buildings Located in Non-residential Zoning Districts 1. No accessory building shall be erected in any required yard area except as set forth by this section. 2. No accessory building shall be erected within ten (10) feet of any other building unless such accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot be located within fifty (50) feet of another building. 3. Commercial kiosks as accessory uses and/or buildings may be located within approved nonresidential districts subject to the following conditions: a. Maximum size of two hundred-fifty (250) square feet. b. No inside sales or service or drive in sales or service; walk-up and/or drive-up service permitted. c. Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other equivalent material, provided metal material does not exceed twenty-five percent (25%) of the exterior walls. d. Located within required setbacks and in conformance with this section. e. Located in such a manner as to not impede, impair or endanger vehicular traffic on the property where the kiosk is located and for vehicular traffic ingressing from and egressing to public rights- of-way. f. Submission of an acceptable site plan shall be required for consideration of the issuance of a building permit unless a current valid Certificate of Occupancy exists. g. Limited to one (1) kiosk per platted plot. C. Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1.Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2.Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a.Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. Chapter 3 - Land Use Page 3 - 2 Colleyville, Texas, Land Development Code b.Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d.Maximum Number Per Lot: one e.Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12”) or more than forty-eight inches (48”). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g.Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. D. For Carports Located in Non-Residential Zoning Districts – Carports located in the zoning districts: C-PO- Professional Office Commercial, CN-Neighborhood Commercial, CC-1-Village Retail, CC-2-Shopping Center, CC-3-Highway Commercial, ML-Light Manufacturing, and Planned Unit Developments that allow commercial uses shall comply with the regulations contained in this section. (O-14-XXXX, XX/XX/2014) 1.Permit Required: a. A building permit shall be required for all non-residential carports in the above mentioned zoning districts. Any request for a building permit for a non-residential carport, which does not meet the criteria in this section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. b. Any request for a building permit for a non-residential carport for any use allowed in the above mentioned zoning districts that is part of a Site Plan for a PUD-Planned Unit Development, will require an amendment to the approved Site Plan. If the non-residential carport meets the criteria of this section, then the amended Site Plan may be administratively approved by the Director of Chapter 3 - Land Use Page 3 - 3 Colleyville, Texas, Land Development Code Community Development or designee. If the non-residential carport does not meet the criteria in this section, then the Site Plan amendment will require approval by the City Council. 2.Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a.Size: A carport shall not exceed 600 square feet in area. A standard parking space size is nine feet (9’) by eighteen feet (18’). b.Height: A detached carport shall not exceed a maximum height of 15 feet, as measured from the finished grade to the highest point of the roof. An attached carport that is integrated into the roof system can match the roof height of the primary structure. c. Setbacks: A detached carport must be located in the rear yard and shall meet the side and rear yard setback requirements for the primary structure. An attached carport may be located in the side or rear yard and shall meet the side and rear yard setback requirements for the primary structure. d.Maximum Number Per Lot: one e. Paving and Street Access: The parking area underneath a carport shall be paved with concrete or pavestone. The carport must have paved access to a public street right-of-way. f. Design Criteria: i.Roof – Detached carports shall have a pitched roof of at least 4:12. Flat roofs for detached carports shall be prohibited. Attached carports shall match the roof pitch of the primary structure. Roof materials for attached or detached carports must match the roof materials for the primary structure. ii.Posts and Gables – Post and gables shall be constructed of clay-fired brick, native stone, cast stone, or a combination of these materials. Stucco is permitted for not more than ten (10%) percent of the exterior surface. The color of these materials shall be a subtle or neutral color to match the color scheme of the primary structure. Carports constructed entirely out of metal are not permitted. g.Adequacy of Plans and Specifications: The applicant requesting a building permit or Special Use Permit to construct a non-residential carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the approving body to determine that the proposed carport complies with these regulations. The approving body may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Chapter 3 - Land Use Page 3 - 4 ORDINANCE O-14-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3-LAND USE, SECTION 3.27 – ACCESSORY BUILDINGS AND RESIDENTIAL CARPORT STANDARDS 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 Section 3.27 of the Land Development Code by providing regulations for non- residential carports; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3-Land Use, Section 3.27 of the Land Development Code, is hereby amended to read as depicted in the attached Exhibit “A”. Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-14-XXXX Page 2 of 2 Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 4 day of February 2014. th The second reading and public hearing being conducted on the 18 day of February 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Appendix “A” Section 3.27 Accessory Buildings and Carport Regulations The following regulations shall govern the location, size and use of accessory buildings: A. Accessory Buildings Located in Residential Zoning Districts (O-00-1223 / 07/18/00) 1.Permit Required: a. A building permit shall be required for any accessory building which exceeds one hundred and twenty (120) square feet. However, all accessory buildings containing 120 square feet or less shall comply with the height and setback requirements of this Section. An accessory building shall only be allowed as an incidental structure to a principle building unless the accessory building is located in the Agricultural District. b. For the purpose of this Section, the term accessory building shall include detached residential garages and pool houses, but shall exclude a carport (see Section 3.27.C). 2.Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Maximum Square Footage of all Accessory Buildings Lot Size Under .5 ac .5– .99 ac. 1 – 2.99 ac. 3+ ac. Total s. f. 750 s. f. 1,000 s. f. 1,750 s. f. 2,500 s. f. b. For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. c. An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP). d. An existing accessory building may be remodeled or expanded provided the combined square footage of all accessory buildings does not exceed the maximum square footage allowed. However, an existing accessory building which exceeds the maximum square footage allowed may be remodeled or replaced with a new accessory building, but not expanded or increased in height. e. There shall be no physical connection between accessory buildings and a minimum separation of three (3) feet between accessory buildings. 3.Setbacks: a. No accessory building shall be erected in any required yard, as defined in Chapter 2 – Definitions, except as set forth herein. b. Attached accessory buildings – Accessory buildings erected ten (10) feet or closer to the principal building shall be considered attached, and shall comply with the setback lines established for the applicable zoning district. For the purpose of this regulation, the distance between buildings shall be measured between the nearest wall surfaces. c. Detached accessory buildings – A detached accessory building shall comply with the setback lines established for the applicable zoning district, unless the accessory building is located totally Chapter 3 - Land Use Page 3 - 1 Appendix “A” behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line. 4.Maximum Height: No accessory building shall penetrate a vertical height envelope defined as being a point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a o 45 angle to the height of the primary building. 5.Permitted Uses: The use of an accessory building shall be consistent with the permitted uses of the applicable zoning district, except, no accessory building shall be used for dwelling purposes other than for domestic servants employed for the premises, where permitted by the district regulations. 6.Special Use Permit Provision: Any request for a building permit for an accessory building which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. B. For Accessory Buildings Located in Non-residential Zoning Districts 1. No accessory building shall be erected in any required yard area except as set forth by this section. 2. No accessory building shall be erected within ten (10) feet of any other building unless such accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot be located within fifty (50) feet of another building. 3. Commercial kiosks as accessory uses and/or buildings may be located within approved nonresidential districts subject to the following conditions: a. Maximum size of two hundred-fifty (250) square feet. b. No inside sales or service or drive in sales or service; walk-up and/or drive-up service permitted. c. Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other equivalent material, provided metal material does not exceed twenty-five percent (25%) of the exterior walls. d. Located within required setbacks and in conformance with this section. e. Located in such a manner as to not impede, impair or endanger vehicular traffic on the property where the kiosk is located and for vehicular traffic ingressing from and egressing to public rights- of-way. f. Submission of an acceptable site plan shall be required for consideration of the issuance of a building permit unless a current valid Certificate of Occupancy exists. g. Limited to one (1) kiosk per platted plot. C. Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1.Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2.Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a.Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. Chapter 3 - Land Use Page 3 - 2 Appendix “A” b.Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d.Maximum Number Per Lot: one e.Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12”) or more than forty-eight inches (48”). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g.Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. D. For Carports Located in Non-Residential Zoning Districts – Carports located in the zoning districts: C-PO- Professional Office Commercial, CN-Neighborhood Commercial, CC-1-Village Retail, CC-2-Shopping Center, CC-3-Highway Commercial, ML-Light Manufacturing, and Planned Unit Developments that allow commercial uses shall comply with the regulations contained in this section. (O-14-XXXX, XX/XX/2014) 1.Permit Required: a. A building permit shall be required for all non-residential carports in the above mentioned zoning districts. Any request for a building permit for a non-residential carport, which does not meet the criteria in this section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. b. Any request for a building permit for a non-residential carport for any use allowed in the above mentioned zoning districts that is part of a Site Plan for a PUD-Planned Unit Development, will require an amendment to the approved Site Plan. If the non-residential carport meets the criteria Chapter 3 - Land Use Page 3 - 3 Appendix “A” of this section, then the amended Site Plan may be administratively approved by the Director of Community Development or designee. If the non-residential carport does not meet the criteria in this section, then the Site Plan amendment will require approval by the City Council. 2.Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a.Size: A carport shall not exceed 600 square feet in area. A standard parking space size is nine feet (9’) by eighteen feet (18’). b.Height: A detached carport shall not exceed a maximum height of 15 feet, as measured from the finished grade to the highest point of the roof. An attached carport that is integrated into the roof system can match the roof height of the primary structure. c. Setbacks: A detached carport must be located in the rear yard and shall meet the side and rear yard setback requirements for the primary structure. An attached carport may be located in the side or rear yard and shall meet the side and rear yard setback requirements for the primary structure. d.Maximum Number Per Lot: one e. Paving and Street Access: The parking area underneath a carport shall be paved with concrete or pavestone. The carport must have paved access to a public street right-of-way. f. Design Criteria: i.Roof – Detached carports shall have a pitched roof of at least 4:12. Flat roofs for detached carports shall be prohibited. Attached carports shall match the roof pitch of the primary structure. Roof materials for attached or detached carports must match the roof materials for the primary structure. ii.Posts and Gables – Post and gables shall be constructed of clay-fired brick, native stone, cast stone, or a combination of these materials. Stucco is permitted for not more than ten (10%) percent of the exterior surface. The color of these materials shall be a subtle or neutral color to match the color scheme of the primary structure. Carports constructed entirely out of metal are not permitted. g.Adequacy of Plans and Specifications: The applicant requesting a building permit or Special Use Permit to construct a non-residential carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the approving body to determine that the proposed carport complies with these regulations. The approving body may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Chapter 3 - Land Use Page 3 - 4