Pecan Hill City Zoning Code
ARTICLE III
ESTABLISHMENT OF DISTRICTS
§ 1 NUMBER OF DISTRICTS.
1.1
For the purpose of this Ordinance, the following districts are hereby established for the City.
R-1 Single-Family Residential
AG Agricultural
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98)
§ 2 R-1 SINGLE-FAMILY DWELLING DISTRICT.
2.1
GENERAL DESCRIPTION. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses that are not appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.
2.2
USES PERMITTED. Property and buildings in an R-1 single-family dwelling district, shall be used only for the following purposes:
A.
One (1) detached single-family dwelling. There shall be no more than one (1) residential dwelling and use per lot/parcel.
B.
Churches, but not including missions or revival tents or arbors.
C.
Public school or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing or sleeping.
D.
Public park and playground.
E.
Library.
F.
Growing home use farm products.
G.
Municipal use.
H.
Telephone exchanges.
I.
Home Occupations
a.
All home occupations shall be required to apply for a Home Occupation Permit.
b.
A permit is valid for two (2) years and only for the owner/occupant and location for which it is issued. A renewal permit shall be required after two (2) years.
c.
Annual inspections of the home occupation/home business premises may be required subsequent to the issuance of a permit in order to confirm compliance with the conditions of the original special exemption granted. If, in the opinion of the City Council, initial reasons for approval have changed, it shall revoke the permit that was issued. Permit holders whose permits are revoked may make application to the City Council for a new permit based on the changed circumstances of the business.
d.
A permit for a home occupation shall be allowed in residential zones by special exemption from the City Council if the occupation complies with the following: Adequate off-street parking areas must be provided. Parking areas in excess of that necessary for normal residential purposes may be allowed in side yards only provided the residential character of the environment is preserved. When necessary, further restriction shall be placed on the occupation in order to fully comply with Article II, Section 1, P-2 of this ordinance.
e.
A permit to operate a home occupation shall be issued to the owner/occupant only and is not transferable to a subsequent owner.
f.
The applicant shall complete and sign a form that sets forth the nature of the home occupation and provides details of the business and its scope of operation.
g.
No home occupation that will result in heavy truck use in excess of 20,000 pounds gross weight shall be allowed.
J.
Transportation and utility easement, alleys, and rights-of-way.
K.
Accessory buildings which are not a part of a main building including one private garage, or accessory building. Accessory building shall not have a greater area than allowed under 2.3.C Building Regulations.
L.
A temporary bulletin board or sign, not exceeding twelve (12) square feet in area appertaining to the lease, hire or sale of a single building or premises, which board or sign shall be removed as soon as the premises are leased, hired, or sold.
M.
A temporary bulletin board or sign, not exceeding fifty (50) square feet in area appertaining to the lease, hire, or sale of all buildings or premises.
N.
A church bulletin board or sign, not exceeding fifty square feet in area, located on the same lot with the church building.
O.
Temporary building of the construction industry which is incidental to the erection of buildings permitted in this District and which shall be removed when construction work is completed; not to exceed 365 days and shall not be used as temporary living quarters.
P.
Parking lot required to serve the uses permitted in this District.
Q.
Accessory uses, shall include the following and shall be incidental and subordinate to one (1) allowable primary residential building and use per lot/parcel:
1.
A detached private garage or an attached private garage, in a compartment as a part of the main building, having a capacity of not more than four (4) automobiles.
2.
A fence, hedge, or enclosure wall, provided:
a.
A solid fence or enclosure wall constructed on property lines shall not exceed an average height of six (6') feet. The allowable height limit of all fences from the front building line to the rear of the lot is eight (8) feet. The finished side of all wood fences is required to face out.
Editor’s note–Ordinance 2010-11 amended the zoning ordinance by changing the regulations relating to fences. The ordinance did not specify the manner of inclusion. The text of subsection 2.2 Q.2.a. above has been revised by the editor to incorporate such amendment.
b.
An ornamental fence exceeding six (6') feet in height shall have a ratio of solid portion to open portion not in excess of one (1) to four (4).
c.
Any fence, hedge or enclosure wall situated within fifteen (15') feet of the intersection of the two (2) street lines shall not exceed a height of three (3') feet.
R.
Restrict animals to: one horse or four sheep or one cow and calf or one goat and kid on one (1) acre minimum lot and only then if it does not create an odor problem or nuisance. Dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes.
S.
[Deleted by Ordinance 2012-06.]
2.3
BUILDING REGULATIONS (APPLIES TO ALL ZONING DISTRICTS)
A.
MINIMUM SIZE - The minimum area of the main building shall be two thousand (2000) square feet, exclusive of garages, breezeways, and servant quarters.
Editor’s note–Ordinance 2013-04 adopted 7/16/13 increased the square footage from 1600 to 2000. Ordinance did not specify specific zoning section it amended.
B.
HEIGHT REGULATIONS - No building shall exceed two (2) stories, or thirty-five feet (35') in height except as provided in Article 4, Section 3.
Editor’s note–At the city’s request, “thirty (35') feet in height” was corrected as provided above.
C.
UNATTACHED ACCESSORY BUILDINGS
1.
Specifications -
Accessory Buildings shall:
* | Be constructed from pre-engineered metal, wood or comparable weather bearing material or brick. |
* | Be constructed on a concrete slab if the ground level square footage is in excess of 200 square feet. |
Editor’s note–Ordinance 2015-05 amended the zoning ordinance by changing the requirement for slabs for accessory buildings. The ordinance did not specify the manner of inclusion. The text of the above subsection has been revised by the editor to incorporate such amendment. | |
* | Greenhouses shall not require concrete slabs. |
2.
Size and location -
Accessory buildings in a residential area may only be placed in the rear yard and the total square footage of all accessory buildings shall not cover more than 30% of the rear yard and shall not exceed:
* | Lot size of .6 acres to 1.0 - 1800 square feet |
* | Lot size of 1.0 acres to 1.5 acres - 2400 square feet |
* | Lot size of 1.51 to 5 acres - 3000 square feet |
* | Lot size 5.1 acres and above - 6000 square feet |
2.4
AREA REGULATIONS
A.
FRONT YARD
1.
The minimum depth of the front yard shall be forty (40') feet.
2.
If twenty-five [percent] (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than forty (40') feet, and no building varies more than six (6') feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings.
3.
When a yard has double frontage the front yard requirements shall be complied with on both streets.
B.
SIDE YARD
1.
There shall be a side yard on each side of the lot having a width of not less than ten [percent] (10%) of the width of the lot at the building line, except as hereinafter provided in Article 4, Section 2.E [sic].
3.
For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen [feet] (15') in case such lot is back to back with another corner lot, and twenty-five [feet] (25') in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.
4.
Churches, main and accessory buildings (other than dwellings and buildings accessory to dwellings), shall set back from all exterior and interior side lot lines a distance of not less than twenty-five (25') feet.
C.
REAR YARD. There shall be a rear yard for a main building of not less than twenty-five (25') feet or twenty (20%) percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.
D.
LOT WIDTH. For dwellings there shall be a minimum lot width of one hundred and fifty (150') feet at the front building line, and such lot shall abut on a street for a distance of not less than one hundred (100') feet.
E.
INTENSITY OF USE
1.
For each dwelling, and building accessory thereto there shall be a lot area of not less 6/10 of an acre if using the aerobic septic system, one (1) acre if using the conventional septic system, and 3 acres if using the property’s well.
2.
For churches and main and accessory buildings, other than dwellings and buildings accessory to dwelling, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking areas required in Article 4, Section 9 [Article 4, Section 4]; provided, however, that the lot area for a church shall not be less than eighty-seven thousand, one hundred twenty (87,120 sq. ft.) feet, two (2) acres.
G.
STANDARD CONSTRUCTION: At least 75% of exterior walls (exclusive of porches, windows, garage doors, and upper stories) shall be stone, brick or other masonry construction. Any other exterior finish must be approved by the City Council and/or Zoning Board.
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98; Ordinance 01-01, secs. 2–5, adopted 2/15/01; Ordinance 2010-11 adopted 11/16/10; Ordinance 2012-06 adopted 4/17/12; Ordinance 2013-04 adopted 7/16/13; Ordinance 2015-05 adopted 1/19/16; Ordinance 2022-02 adopted 8/16/2022)
§ 3 AG - AGRICULTURAL DISTRICT.
3.1
GENERAL DESCRIPTION. The AG District is intended to be used primarily in areas where agricultural uses should be retained, where scattered non-farm growth should be prevented, and as a temporary classification for newly annexed lands.
3.2
PRINCIPAL PERMITTED USES. No building, structure or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses:
A.
AGRICULTURE: Any customary agricultural use, building, or structure, including nurseries, greenhouses, orchards, truck farms and animal farms.
B.
RESIDENTIAL: One (1) detached single-family dwelling. There shall be no more than one (1) residential dwelling and use per lot/parcel.
C.
INSTITUTIONAL: Churches and parish houses; schools and public buildings and structures of the recreational, cultural, administrative and public service type; parks, playgrounds, neighborhood recreation centers.
D.
PRIVATE RECREATION: Private noncommercial recreation areas, including country clubs, riding stables, swim clubs, and similar uses.
E.
DAIRIES: And related establishments for processing milk products, not including retailing.
F.
PUBLIC UTILITIES: And railroad rights-of-way and tracks not including terminals, railroad yards, reservoirs, water towers, pumping plants, or storage yards.
G.
CONDITIONAL USES: The following uses shall be permitted only if expressly authorized by the Commission:
1.
Utility stations and communications - Static transformer stations, booster stations, transmitters and utility stations, when operating requirements necessitate locating in the district; provided there is no yard or garage for service or storage, and provided further that the premises upon which utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood and not objectionable as to noise, odor, vibration or other disturbances.
2.
Radio or Television Transmitter Tower
H.
ACCESSORY USES: [Deleted by Ordinance 2012-06]
3.3
BUILDING REGULATIONS
A.
Height Regulations:
No structure shall exceed thirty-five (35') feet in height, except as provided in Article 4, Section 3.
B.
Lot Area, Width and Yard Requirements:
The following minimum requirements shall apply:
USE | AREA | WIDTH | FRONT | SIDE YARD | REAR |
|---|---|---|---|---|---|
Agricultural Structures | -0- | -0- | 50 Ft. | 15 Ft. | 50 Ft. |
Single-Family Dwellings | 1 acre | 150 Ft. | 50 Ft. | 15 Ft. | 50 Ft. |
Other Permitted Uses | 2 acres | 200 Ft. | 75 Ft. | 30 Ft. | 50 Ft. |
C.
Exterior Fire Resistant Construction:
All main buildings excluding Agricultural shall be in accordance with the Building Code of the City of Pecan Hill.
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98; Ordinance 2012-06 adopted 4/17/12; Ordinance 2022-02 adopted 8/16/2022)
§ 4 SINGLE-FAMILY RESIDENTIAL STANDARDS. [1]
House size in all zoning districts will be increased to 2000 square feet under heat and air. All single-family residential dwellings will require a single-car garage at a minimum.
Hardy-board and stucco will not be considered a masonry material.
The requirement for masonry requirements on single-family dwellings will be increased to 80% and will not include porches.
Guest houses will be permitted with a Specific Use Permit and will include pool houses as a dwelling as well as any guest dwelling unit off the main dwelling.
(Ordinance 2013-04 adopted 7/16/13)
§ 5 PLANNED RESIDENTIAL DISTRICT (PRD). [1]
A.
Purpose:
The purpose of the Planned Residential District is to provide a mechanism for achieving a greater flexibility in the development of land for residential purposes, not otherwise possible in conventional residential zoning districts.
B.
Intent:
It is the intent of this Ordinance to provide for modern, attractive, and compatible residential districts. Such planned developments may be designed, developed, and operated to serve areas ranging from a single-family home to an entire district, and as such may be located in any area designated for residential development.
C.
Creation:
A parcel of land may be zoned to the Planned Residential District upon an application for change of zoning district designation, amending the zoning map of the City of Pecan Hill. The City Council may authorize a Planned District when the proposed development or use of a specific tract of land warrants a greater flexibility and control than is afforded under the general regulations applicable to the property. A Planned District shall be established only following a public hearing, as specified in the amendatory procedures of the Zoning Ordinance of the City of Pecan Hill.
D.
Preliminary Development Plan Required:
When zoning is granted, the submission of a Project Text and Preliminary Development Plan (Concept Plan) conforming to the requirements of this Ordinance shall be submitted for review and approval prior to any development of the property, the approval of which shall govern the development of the land and all subsequent final plans thereof.
E.
Uses of Land:
Within a Planned District, there are no “permitted uses” or “conditional uses” in the conventional sense. The use of land is considered an integral element of the proposed preliminary development plan. As such, approval of the preliminary development plan carries with it approval of the various uses encompassed by the plan, and as located upon it. Based upon this relationship, the City Council may require revisions to the proposed development plan as it relates to:
1.
The uses proposed.
2.
The spatial location of proposed uses upon the plan.
3.
The area devoted to each proposed use upon the plan.
4.
Or the elimination of any use(s) proposed under the plan.
The uses of land which may be proposed within a preliminary development plan, are those uses listed as permitted or conditional uses within the “R-1” and “Agricultural” districts. |
F.
Baseline Standards:
It is intended that the Planned Residential District designation provide a means of achieving a greater flexibility in the development of land in a manner not otherwise possible in conventional zoning districts. Therefore, it is equally anticipated that each planned residential development will incorporate modifications varying to one extent or another from the normal requirements of conventional zoning districts. As a result, baseline standards must be established for the purpose of identifying and evaluating such modifications as may be proposed. The baseline standards applicable within each planned development shall be as indicated in the “R-1” and “Agricultural” districts as amended.
G.
Subdivision Regulations/Engineering Design Standards:
Unless otherwise provided for in this Ordinance or approved by the Governing Authority, the Subdivision Regulations and the Engineering Design Standards shall apply to all developments in the Planned Residential District.
H.
Modifications:
1.
Generally:
The approval of a project text and Preliminary Development Plan may provide for such modifications from the baseline standards as the City Council may find necessary or desirable to achieve the objectives of the proposed planned development, provided:
a.
such modifications are consistent with the standards and criteria contained in this section;
b.
have been specifically requested; and,
c.
that no modification of the baseline regulations and standards would be allowed when such proposed modification would result in any of the following:
(1)
Inadequate or unsafe access to the proposed planned development.
(2)
Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.
(3)
An undue burden would be placed on public parks, recreation areas, diminish the quantity or quality of fire and police protection, public utilities, or other public facilities which serve or are proposed to serve the planned development.
(4)
A development which will be incompatible with the purposes of this Ordinance.
(5)
Will create a nuisance in terms of diminished air quality, smoke, noise, toxic matter, odor, vibration, glare or light intrusion, wind-blown litter, sanitary sewer waste, water quality, heat, or other condition detrimental to the public health, safety, or welfare.
(6)
Detrimental impact on the reasonable use, enjoyment, and/or value of adjacent properties and/or the surrounding neighborhood.
2.
Burden of Proof:
The burden of proof that the criteria required to secure approval of modifications to the baseline regulations and standards have been met shall rest with the applicant.
3.
Limitation on Modifications:
Modifications proposed by the project text or the preliminary development plan, are limited to those areas specified by this Ordinance. Modifications shall not include those City standards and specifications pertaining to the design and construction of public improvements, or such privately maintained improvements that are required to meet public standards and specifications for construction and design.
I.
Procedures for Planned Residential District Approval:
1.
Pre-Application Conference:
Prior to filing any application for a Planned Residential District approval, the prospective applicant shall request a Pre-Application Conference with the City staff. Such request shall include a general description of the nature, location, and extent of the proposed planned development. The purpose of the Pre-Application Conference is to provide the applicant with the opportunity to consult early and informally with the City staff before preparation of the required Preliminary Development Plan, and submission of the formal application to the City Council. The intent of this procedure is to assist the applicant in preparing a plan which will:
a.
meet the objectives of the City Council and of this Ordinance,
b.
identify uses proposed for the Planned Residential Development, as well as the improvements required by those uses, and
c.
identify any potential problems that may be involved in the proposed concept for the planned commercial development.
The Pre-Application Conference is intended to decrease costs for the applicant by eliminating poor design in the early stages of the development process. The Pre-Application Conference will also be used to identify the appropriate approval process required. |
2.
The Approval Process:
a.
Generally:
Establishment of a Planned Residential District consists of two major elements: the zoning amendment, the approval of which designates a property a Planned Residential District, and a preliminary development plan with its associated project text, the approval of which binds the actual development of the property. The approval of a Planned Residential District may take either of the following forms:
(1)
The concurrent submission and approval of a zoning amendment with the uses established, and submission and approval of the preliminary development plan, project text and site development plan, or;
(2)
the applicant may request the site development plan be submitted as each lot/phase develops. In this situation, the site development plan will be approved at the staff level.
b.
The Zoning Amendment:
(1)
The Application:
All applications for a Planned Residential Development zoning amendment shall be made in writing by the owner of the property, or the owner’s duly authorized agent, upon forms provided by the City of Pecan Hill. The application shall contain the following information:
(a)
The completed application form and the payment of all fees.
(b)
A metes and bounds legal description(s) of the parcel(s) for which the approval is sought.
(c)
A survey of the parcel(s) for which the approval is sought, prepared by a land surveyor licensed to do business within the State of Texas.
(d)
Such other information required of the applicant as may be deemed necessary by the City Council to further clarify the various elements and/or impacts of the proposed planned residential development, provided at the applicant’s expense.
(2)
Council Discretion:
In approving a request for a rezoning to the Planned Residential District designation, it shall be at the discretion of the City Council, to:
c.
The Preliminary Development Plan and Project Text:
The Project Text shall be considered an integral part of the Preliminary Development Plan. Approval of the Preliminary Development Plan shall be considered concurrent approval of the Project Text.
(1)
The Application:
All applications for Preliminary Development Plan and Project Text approval shall be made in writing by the owner of the property, or the owner’s duly authorized agent, upon forms provided by the City of Pecan Hill. The application shall contain the following information:
(a)
The completed application form and the payment of all fees.
(b)
Such information required of the applicant as may be deemed necessary by the City Council to further clarify the various elements and/or impacts of the proposed planned residential development, provided at the applicant’s expense[.]
(c)
The City Council shall consider the potential impacts of the proposed plan upon:
a.
The character of the community in light of the quality of construction proposed and the architectural compatibility of the proposed development with surrounding development;
b.
Traffic conditions;
c.
Public utility facilities;
d.
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the City as a whole;
e.
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
f.
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development;
g.
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;
h.
How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and
i.
Any other factors which will substantially affect the public health, safety, morals, or general welfare.
(2)
Contractual Agreement:
The preliminary development plan and project text are intended to demonstrate to the City Council the character and objectives of the proposed development, so that the Council, may evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as a part of the plan, and be binding upon the future use and development of the property. The filing of a preliminary development plan and project text shall constitute an agreement by the owner and applicant, successors, heirs, and assigns, that if the preliminary development plan and project text are approved, development of the property and any permits issued for the improvement of such property, and activities subsequent thereto, shall be in conformance with the approved preliminary development plan and project text for the subject property, and any conditions attached thereto. The approved preliminary development plan, project text, and any conditions attached thereto shall have the full force and effect of the Zoning Ordinance.
(3)
Period of Validity:
Approval of the preliminary development plan by the City Council shall expire, and be of no effect within two (2) years after the date of the approval of the preliminary development plan by the Council, unless a final plan has been submitted for approval within that time.
(4)
Effect of Expiration:
At such time as the period of validity of a preliminary development plan lapses:
(a)
No actual development or redevelopment of the property shall take place until a new preliminary development plan, acceptable under the requirements of this Ordinance, has been reviewed and approved by the City Council as provided herein.
(5)
Extension of the Period of Validity:
The City Council may grant extensions of the preliminary development plan approval, not exceeding one (1) year each, upon written request by the original applicant.
(6)
Amendment of the Approved Preliminary Development Plan:
An approved preliminary development plan may be amended upon application, and under the same applicable procedures as required for the original approval of the initial preliminary development plan, as required by this Ordinance.
(7)
Relationship Between Approval of the Preliminary Development Plan and Subdivision Approval:
In those instances where subdivision is an integral part of the proposed planned development, approval of the preliminary development plan shall constitute the same action as approval of a preliminary plat for subdivision approval purposes.
d.
The Final Plat:
Following the initial rezoning procedure, the proposed development shall follow all applicable procedures and requirements governing the subdivision of land. No building permit shall be issued until a final plat of the proposed development, or portion thereof when developed in phases, has been approved. The approval process for the final plat shall be in accordance with the requirements for a major subdivision as contained within the City’s Subdivision Regulations.
J.
Specifications for Plans and Documents:
1.
Project Text:
A Project Text shall be prepared by the applicant as an element of the Planned Residential District designation. The Project Text shall contain the following information:
b.
Ownership:
(1)
Name, address, telephone number, and fax number, if applicable, of the legal owner and the agent of the property; and, a citation of the last instrument conveying title to each parcel of property involved in the proposed development, including the grantor, grantee, date and land records reference. Verification of the applicant’s ownership and/or contractual interest in the subject site.
(2)
Citation of any existing legal rights-of-way or easements affecting the property.
(3)
Existing and proposed covenants affecting the property.
(4)
The current zoning designation of the property.
(5)
Name, address, telephone number, and fax number, if applicable, of the professional engineers, land surveyors, or other design professionals retained for service on the project.
c.
Description: The written metes-and-bounds legal description, including the location of the subject property by lot, section, township, range, and county.
d.
Project Data:
(1)
A brief narrative reviewing the nature of surrounding development. A discussion of the nature of the proposed development, including the nature of the financial backing for the project and ownership arrangements. A discussion of the development approach for the proposed development, i.e., as a single lot or a division of the property into lots for individual sale, or a combination of both. A discussion of how the proposed development will fit into the existing development pattern.
(2)
Allocation of the site area by building coverage; parking, loading areas, and driveways; open space areas, including total open space, recreational areas, landscaped areas, and others.
(3)
The list of permitted uses proposed for the planned development. Allocation of the site by land use type for the entire project.
(4)
Proposed area and bulk regulations and performance standards for each element of the project.
(5)
A narrative discussion specifying proposed road improvements, access, and overall circulation within the project. A narrative discussion specifying proposed landscaping improvements, screening, and the development of common open space areas. A narrative discussion specifying proposed utility improvements and extensions, the provision of public facilities, and provisions for the control of stormwater drainage. Each narrative shall include applicable typical cross-sectional drawings. As an appendix to the project text, letters shall be provided from the applicable utility providers addressing their ability to serve the proposed project.
(6)
The anticipated development schedule for the project. If the project is proposed to be developed in stages or units during a period extending beyond one construction season, the schedule shall indicate:
e.
A narrative discussion concerning the overall architectural concept sought to be achieved by the planned development, including the floor area of the proposed uses, landscaping, architectural requirements, i.e., style, building materials, colors, window and door treatments; specialized street furniture such as specialty mailboxes, lamp posts, street signs, trash receptacles; driveway and sidewalk finishes, uniform signage program, development focal points, etc. The narrative shall discuss the compatibility of the proposed architectural concept with adjacent and surrounding development.
2.
[Reserved]
3.
Sketch Plan:
The applicant shall prepare a sketch plan as an element of the pre-application conference held prior to the formal application for a Planned Residential District zoning designation. This plan may be drawn as a freehand pencil sketch, and does not require precise dimensions or any special sheet size. The sketch plat is intended to be used to show the location, proposed street and lot layout, and other significant features of the proposed planned development. The Sketch Plan shall contain the following information:
a.
Features:
(1)
Location of property lines, watercourses, and existing wooded areas; location, width, and name of all existing or platted streets or other public ways within or immediately adjacent to the tract.
(2)
Location and sizes of existing sewers, water mains, culverts, and other utilities within or immediately adjacent to the tract. Existing buildings, utility poles, and utility rights-of-way on or immediately adjacent to the tract.
(3)
Approximate topography.
(4)
The approximate location and widths of proposed streets, the approximate locations, dimensions, and areas of all proposed or existing lots, preliminary proposals for connections with water and sewer systems, and preliminary proposals for collecting and discharging stormwater drainage.
(5)
The approximate location, dimensions, and area of all parcels of land proposed to be either dedicated for public use or for the common use of the property owners within the proposed subdivision.
(6)
A vicinity map reflecting the streets and other general development of the surrounding area.
(7)
The location of temporary stakes to enable local officials to find and appraise features of the sketch plan in the field.
(8)
The current zoning designation of the subject tract and all adjacent properties.
(9)
An aerial photograph with the out-boundary of the proposed planned development identified.
4.
Preliminary Development Plan:
The preliminary development plan shall be prepared by a licensed land surveyor licensed to do business in the State of Texas at a scale of not more than one inch (1") equals one hundred feet (100') on sheets not exceeding twenty-four inches (24") by thirty-six inches (36"). If more than one (1) sheet is used, all sheets shall be numbered in sequence. The design of all plans shall conform to the City’s standards and specifications.
a.
Generally:
(1)
Covenants/Trust Indentures:
The developer must prepare and file protective covenants that regulate development on the site and provide for the continuous maintenance of any common elements within the Planned Residential Development that are proposed to be maintained by the owners of property within the development. In all cases, the management entity of the development must have the authority to enforce the covenants and restrictions on all tenants and/or property owners, and all future tenants and/or property owners. The covenants and restrictions must also provide for the maintenance of lots not yet purchased or occupied, and any other non-developable areas with the Planned Residential District, in perpetuity.
(2)
Design Concept:
(a)
The preliminary development plan shall reflect the overall unity of the site design for the Planned Residential Development.
(i)
Architectural harmony of buildings and structures
(ii)
Design integration of the open space system, storm drainage system and layout of lots with the over [overall] design unity of the Planned Residential District.
(iii)
Stage Set facades are prohibited. The continuity of design goes beyond the primary elevation of the building. The materials and colors of the street face shall continue on the sides and rear of the building.
(3)
Vehicular Movement:
(a)
The street design in any Planned Residential District shall include a clearly defined hierarchical system.
(b)
Streets shall not be laid out to encourage outside traffic to traverse the development or create unnecessary fragmentation of the development into small tracts.
(c)
Local streets shall not be connected to the development in such a way as to encourage their use by through traffic.
(d)
Streets, drives, parking and service areas must provide a safe and convenient access to units and project facilities.
b.
Required Information:
All preliminary development plans shall contain all of the information described in this Section:
(1)
Required Data:
(a)
The date of plan submission and the following names, addresses, telephone numbers, and fax numbers, if applicable:
(i)
The record owner or owners of the subject property.
(ii)
The party who prepared the plan, including their registration number.
(iii)
The party for whom the plan was prepared, if different from the property owner.
(iv)
The engineer and/or land surveyor who will design the improvements for and survey the tract, or such part thereof as is proposed to be developed.
(v)
All adjacent property owners of record.
(b)
The name of the proposed development and all proposed streets.
(c)
Indication of the use of any lot.
(d)
The approximate true north point, title, and graphic scale.
(e)
The area of the tract and each subdivided lot expressed in square feet if less than an acre or tenths (0.1) of an acre if larger than an acre.
(f)
FEMA flood elevation for the property, and the location of the flood zone boundary(ies).
(g)
A vicinity map reflecting the streets and other general development of the surrounding area.
(h)
The current zoning designation of the subject property and of all adjacent properties, and the current owners of those properties.
(2)
Existing Conditions:
(a)
The location and dimensions of all out-boundary lines of the property by calculated distances and bearings, expressed in feet and decimals of a foot.
(b)
The location of the property with respect to surrounding property and streets, including the names of adjacent property owners and adjoining developments.
(c)
The location and dimensions of existing easements, water bodies, streams, and other pertinent features such as wetlands, buildings, parks, drainage ditches, bridges, culverts, etc., in and adjoining the tract.
(d)
The location and width of all existing streets, alleys, other public ways, easements, building setback lines, utilities, fire hydrants, and stormwater drainage facilities.
(e)
The location of all existing sidewalks and pedestrian walkways.
(f)
Identification of the existing land use and zoning of the petitioned site and adjacent properties.
(3)
Proposed Conditions:
(a)
The internal circulation pattern for both vehicular and pedestrian traffic, including proposed and existing streets, alleys, driveways, sidewalks, pedestrian walkways, and other public ways.
(b)
The locations and dimensions of all proposed lots.
(c)
The location, dimensions, and height of all principal and accessory buildings. Their relation to one another and to any existing structures to remain on the site. The distance between all such proposed buildings and to the adjacent property lines. Their proposed finished floor elevations and the proposed building setback lines.
(d)
The location and dimensions of all property proposed to be set aside for public or private common use, with designation as to the purpose thereof.
(e)
Blocks shall be numbered consecutively. The blocks in numbered additions to subdivisions bearing the same name shall be numbered consecutively throughout the several additions.
(f)
All lots in each block shall be numbered in consecutive order. Outlots shall be lettered in alphabetical order.
(g)
Total project density for that portion of the project intended for residential development.
(h)
The location of landscaping areas, common open space areas, and buffer yard areas, and specifications for treatment as to plant type, plant size and plant location. The percentages of landscaping/open space areas and impervious surface areas to the total area of the site.
Note: A separate landscape plan may be required in those instances where the size and complexity of the proposed project indicate the need for additional detail.
(i)
Height, size, location, design, and orientation of all proposed signs.
(j)
Location, height, and type of all exterior lighting.
(k)
Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.
(l)
A graphic depiction of the proposed phase boundaries for all projects proposed to be constructed in phases.
(4)
Grading, Drainage, and Utility Plan:
(a)
The topography of the site at two (2) foot intervals, at the same scale as the plan. Contour data shall extend one hundred and fifty (150) feet beyond the boundaries of the proposed development.
(b)
Contours of the site reflecting the difference in elevation between the pre-developed site and the proposed finished grades.
(c)
Proposals for stormwater management, including retention/detention of runoff, as well as the size of the watershed, and calculations of the stormwater runoff and retention/detention needs based upon the Rational Method.
(d)
Overall layouts for:
(i)
Sanitary Sewer - Pipe sizes, direction of flow, location of manholes, lift stations, location of laterals for each lot or property, etc.
(ii)
Storm Sewer - Pipe sizes, direction of flow, inlet locations, manhole locations, retention/detention basins, etc.
(iii)
Water - Pipe sizes, fire hydrant locations, valve locations, service locations for each lot, elevated or underground storage locations and specifications, standpipe locations and specifications, etc.
(iv)
Natural Gas - Pipe sizes, valve locations, individual service locations, etc.
(v)
Electrical - Transformer locations
(e)
The location, dimensions, and proposed use of all proposed easements.
(5)
Supplementary Information:
(a)
Legal description of the tract to be subdivided.
(b)
Description of the physiographic characteristics of the site, including soil type, permeability, depth to groundwater, etc., in addition to the results of any tests made to ascertain soil conditions and the water table.
(c)
A copy of all proposed trust indentures, deed restrictions, and/or protective covenants, if any.
(d)
A typical street section, showing roadbed construction, curbs, gutters, sidewalks, and the relationship of underground utilities.
(e)
Architectural elevations of all proposed buildings, noting materials to be used in terms of type, location, texture, and color.
(f)
Traffic Impact Report: A traffic impact report prepared by a certified traffic engineer shall be submitted in the following cases:
(i)
Any development which proposes to take direct access to any collector or arterial street.
(ii)
Any nonresidential use which, according to the Table of Average Trip Generation Rate by Land Use Category, as established by the Institute of Transportation Engineers, will generate in excess of two hundred and fifty (250) trips per acre per day.
The Traffic Impact Report will analyze the pre- and post-development roadway service levels and intersection service levels for all roads and intersections within one (1) mile of the proposed development. In any instance where the impact of the proposed development indicates a negative reduction in the current level of service, the Report shall identify those improvements necessary to maintain the current level of service. |
(g)
Certification by the registered land surveyor that the plan bearings and dimensions are correct and accurate.
(h)
Such other information, data, plans, documents, calculations, and so forth as may be deemed necessary by the Planning Commission to adequately review the proposed plans.
5.
The Final Plat:
The information and standards and specifications for design of the required Final Plat for a Planned Residential Development shall be in accordance with the requirements for preparation of final plats as contained within the City’s Subdivision Regulations, except as may be provided herein.
a.
Landscaping and buffer yard areas, identifying all improvements and planting in terms of location, type, and size.
b.
The location of all common open space areas, specifically identifying all proposed improvements and landscaping.
c.
The final version of all Deed Restrictions, Trust Indentures, and/or Protective Covenants, suitable for recording.
d.
The internal circulation pattern for both vehicular and pedestrian traffic, including proposed and existing streets, alleys, driveways, sidewalks, pedestrian walkways, and other public ways. For all off-street parking areas, the proposed boundary of the parking area; location, size, and number of all parking spaces; the width of all traffic aisles within the parking area; and the identification of all service islands, service parking, and loading zones.
e.
The location, dimensions, and height of all main and accessory buildings. Their relation to one another and to any existing structures to remain on the site, The distance from all such proposed buildings to the adjacent property lines. Their proposed finished floor elevations.
K.
Deed Restrictions, Trust indentures, and/or Protective Covenants:
The City Council shall not consider any preliminary development plan which incorporates private improvements, facilities, or other common elements, which are proposed to be maintained by the owners of property within the proposed development, unless it shall be accompanied by deed restrictions, covenants, or a trust indenture.
1.
In reviewing an application for preliminary development plan approval, the City Council shall review and approve such deed restrictions, covenants, or trust indenture. The City Council may require, at its own discretion:
a.
The elimination of all or any part of any restriction, covenant or trust provision.
b.
The amendment of all or any part of any restriction, covenant or trust provision.
c.
The addition of any restriction, covenant, or trust provision determined by the City Council to be in the best interest of the public.
2.
All such deed restrictions, covenants, or trust indentures shall provide for the following:
a.
Provisions designating the common facilities, private improvements, or other common elements, and prohibiting the construction of structures other than those incorporated in the approved development plan upon them.
b.
Provisions for the qualifications and for the election of at least three (3) qualified persons to serve as trustees for the administration and enforcement of the deed restrictions or trust provisions; their terms of office; their method of election after the first Board of Trustees’ election; succession or replacement of trustees who die, resign, or refuse to carry out their duties.
c.
Provisions setting out the powers and duties of the trustees under the deed restrictions or trust provisions with respect to the following:
(1)
The reasonable minimum amount of money required to be expended yearly in maintenance of the common elements, improvements, or facilities, and the methodology upon which the responsibility for said amount is divided between each individual property owner within the development.
(2)
That the yearly minimum amount of money required to be expended for maintenance of the common element, improvements, or facilities shall be paid to the trustees for such purposes, and the minimum yearly amount shall constitute a lien upon all real estate.
(3)
For the effective means of collection of the reasonable yearly minimum amount of money designated and required for maintenance of the common elements, improvements, or facilities.
(4)
Establishment of the date of the first annual assessment of all property owners within the development of the yearly reasonable minimum amount. There shall be no exemptions from such assessment, including property owned by the developer.
d.
Provisions setting out that the amendment or release of any restriction or provisions shall only be accomplished through the execution of a document so stating and suitable for recording, approved by the City Council.
3.
Timing:
For any Planned Residential Development that incorporates private improvements, facilities, or other common elements, which are proposed to be maintained by the owners of property within the proposed development, the developer shall:
a.
Incorporate the property owners’ association prior to recording of the subdivision plat for the development or any phase of the development.
b.
Transfer all improvements, property, and other common elements to the property owners’ association concurrently with the recording of the subdivision plat for the development. Where the property is developed in phases, the common elements shall be transferred either with the subdivision plat of the initial phase of the development or with the subdivision plat of the phase within which the respective common element is to be located.
c.
Submit copies of the recorded incorporation papers and property transfer records to the City for inclusion in planned development file.
(Ordinance 2013-04 adopted 7/16/13)