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Pflugerville City Zoning Code

4.5 Special

Districts and Overlays

4

4.5.1 Downtown District Overlay

  1. A.
    Downtown Districts Defined

  1.   
    1. 1.
      Downtown District Overlay (DD). The Downtown District Overlay (DD) is intended to serve multiple purposes, including preservation and enhancement of the City’s Downtown of historical, cultural, and architectural significance by providing for land use compatibility provisions and special development regulations which promote the historic preservation, compatible architectural character, scale, walkability, and economic viability of the area. In addition to the provisions in this Chapter, site circulation, parking, landscaping, and exterior lighting development standards, contained in this section of the Unified Development Code, shall apply to the overlay district. The Downtown District Overlay is separated into sub-districts in order to account for context-sensitive development regulations.
    2. 2.
      Downtown Core Sub-district and Transitional Compatibility Zone (TCZ). The Downtown Core Sub-district is situated within the center of the Downtown District Overlay, whereby the applicable development requirements are specifically tailored to the existing gridded street pattern and redevelopment potential. The Downtown Core Sub-district further provides for a Transitional Compatibility Zone (TCZ), which provides for specific development regulations relating to architecture, parking, site design, building height, and landscaping, to ensure improved compatibility with the surrounding residential neighborhood.

  1.   
    1. 3.
      Pfluger Tract Sub-district. The Pfluger Tract Sub-district of the Downtown District Overlay is situated along East Pecan Street and F.M. 685 and is intended to provide for development requirements more suited for greenfield development in which the street network has not been fully defined. However, it shall not be precluded from developing in a more traditional pattern found in the Downtown Core Sub-district. It shall serve as a gateway into the Downtown Core Sub-district by providing for enhanced, more walkable streetscapes.
    2. 4.
      South Downtown Sub-District (SoDo). South Downtown is a sub-district of the Downtown District Overlay situated along Dessau Road, south of East Pecan Street and east of the Mokan right-of-way, intended to provide for development requirements more suited for greenfield development in which the street network has not been fully defined. However, it shall not be precluded from developing in a more traditional pattern found in the Downtown Core Sub-district. It shall serve as a gateway into the Downtown Core Sub-district by providing for enhanced, more walkable streetscapes.
    3. 5.
      Western Gateway Sub-District. The Western Gateway is a sub-district of the Downtown District Overlay situated along West Pecan Street and east of 5th Street whereby the applicable development regulations are tailored to potential extensions of Main Street and Hall Street.
  1. B.
    Land Use Table Applicability: The DD district relies on base zoning districts for uses except where limited with conditions, permitted by Specific Use Permit, or prohibited according to table 4.5.1 B and the most restrictive provision applies.
    1. 1.
      Uses Permitted with Conditions: Provided the use is permitted in the respective base district, land uses noted with a “C” are permitted by right with specific conditions. Specific conditions applicable to these certain uses are provided in the corresponding “Land Use Conditions” per Section C.
    2. 2.
      Uses Requiring a Specific Use Permit: Provided the use is permitted in the respective base district, land uses noted with an “S” require consideration of impacts associated with a particular location for the proposed use, in addition to the standards that otherwise apply to the use under this Subchapter.
    3. 3.
      Uses Permitted with Conditions unless authorized by a Specific Use Permit: Provided the use is permitted in the respective base district, land uses noted with a “C/S” are permitted by right within the given district provided that specific conditions are met, unless authorized by a Specific Use Permit.
    4. 4.
      Uses noted with an “X” are prohibited within the Downtown base zoning districts and the DD overlay regardless of what the base zoning district may permit.
    5. 5.
      If a reference to Section 4.2 and 4.3 is associated with a permitted land use in Table 4.5.1. B, it shall be interpreted as a land use governed exclusively under the respective base zoning district and may be permitted in the Downtown District Overlay provided such land use is permitted in the base zoning district with any applicable land use conditions. Refer to Section 4.2 and 4.3 of this Subchapter for additional land use provisions.
    6. 6.
      In the event, there is a discrepancy between the land use provisions of the base zoning district and the land use conditions and restrictions in this section, the more restrictive standard shall apply.
Table 4.5.1 B. Use Applicability Table
Main StreetWestern-most extent of Main Street generally located at 5th Street, and any western extension thereofNorth Railroad Ave, and any eastern extension thereof
North 1st StreetWest Wilbarger Street (Between W. Wilbarger and W. Walnut Street, only the east side of North 1st Street shall have a 15’ build-to-line requirement)Pecan Street
North 2nd StreetAlley immediately north of Main StreetPecan Street
North 3rd StreetAlley immediately north of Main StreetPecan Street
North 4th StreetAlley immediately north of Main StreetPecan Street
Railroad AvenueNorthern boundary of the Downtown District OverlayEast Pfluger Street
Primary Street Segments – 25’ Build-to-Line Requirement
West Pecan StreetWestern-most boundary of the Downtown Core approximately 80’ west of the intersection of South 5th Street1st Street
East Pecan Street1st StreetF.M. 685

  1.   
    1.   
      1. b.
        A Build-To-Line requirement shall govern the placement of new buildings on a site, whereby buildings shall be built generally 15’ from the front and side street property lines or 15’ measured perpendicularly from the on-street parking, whichever is less distance from the property line. At the discretion of the Planning Director, the Build-to-Line may be extended up to 25’ perpendicularly from the on-street parking to accommodate taller buildings more suited for a larger streetscape yard or in cases where public, plaza or pedestrian spaces have been integrated into the streetscape yard. For lots fronting Pecan Street, a 25’ Build-to-Line shall be required measured perpendicularly from the property line abutting Pecan Street right-of-way.

  1.   
    1.   
      1. c.
        In the Downtown Core Sub-district, the new non-residential and multi-family buildings shall extend a minimum of 70% of the lot’s street frontage along Primary Streets.

  1.   
    1.   
      1. d.
        This Build-To-Line shall be established based on the following criteria:
        1. i.
          Variable street pavement widths
        2. ii.
          On-street 60-degree angled parking comprising twenty feet measured perpendicular from the edge of street pavement or parallel parking. The on-street parking requirement shall not apply to Pecan Street. (On-street parking shall be situated within the public right-of-way. When a site redevelops, additional right-of-way dedication to accommodate the required on-street parking shall be required in the event the existing street cross section is insufficient.)
        3. iii.
          15’ streetscape yards to include a 15’ sidewalk of which five feet is designated for benches, street trees, landscape planters, trash containers, and other street furniture. The sidewalk shall be situated within the public right-of-way or a public access easement. When there are existing physical constraints, the Planning Director may allow for reduced sidewalk widths; however, at no time shall the sidewalk be reduced to less than 6’ in width, and streetscaping shall still be required.

  1.   
    1.   
      1.   
        1. iv.
          For lots fronting Pecan Street, 25’ build-to-line requirement shall be provided to include a 15’ streetscape yard with minimum 15’ sidewalk of which five feet is designated for benches, street trees, landscape planters, trash containers and other street furniture. Such 15’ streetscape yard shall be situated 10’ from the property line abutting Pecan Street right-of-way. The remainder 10’ is intended for right-of-way reservation and may be utilized as additional landscape and pedestrian area between the street pavement and the 15’ sidewalk. If the sidewalk is not situated within the public right-of-way, it shall be situated within a public access easement to be dedicated to the City. When it has been determined that no additional right-of-way is required along such Pecan Street segment as determined by the Transportation Master Plan, the Planning Director may allow for a reduced 15’ build-to-line requirement to ensure continuity of the streetscape aesthetic intent is maintained.

  1.   
    1.   
      1. e.
        Street Furniture
        1. i.
          For new development and redevelopment along Build-to-Line streets, benches shall be installed within the streetscape yard at a minimum rate of one bench per 100 linear feet of street frontage and shall generally match the standard detail provided below. However, such furniture may be clustered along the street frontage. The required street furniture shall be credited towards satisfying the pedestrian space requirements of the building entrance standards pursuant to Subchapter 9. Also, for any proposed benches to be permanently affixed to the ground within the streetscape yards of existing development sites, such benches shall be painted black and match the standard bench detail.

  1.   
    1.   
      1.   
        1. ii.
          If trash receptacles or bollards are permanently installed and affixed to the ground within the streetscape yard, such receptacles and bollards shall provide lids and be painted black and generally match the standard detail provided below. Trash receptacles shall provide a lid that minimizes contents from being exposed to the elements.

  1.   
    1.   
      1. f.
        In addition to the administrative discretion of the Planning Director provided within this section, the Planning and Zoning Commission may grant a waiver for alternative build-to-line and streetscaping proposals that do not adhere to the provisions of this section pursuant to the following criteria:
        1. i.
          The alternative design of the streetscape yard and building location and orientation provides for more pedestrian space, plaza, or open space intended to provide areas to allow people to congregate and to accommodate pedestrians;
        2. ii.
          The alternative design of the streetscape yard and building location and orientation are in keeping with the aesthetic intent of the code; or
        3. iii.
          The alternative design of the streetscape yard and building location preserves the existing public right-of-way and reserves the necessary public right-of-way per the Transportation Master Plan.
  1. E.
    Stories and Height Regulations – All Development
    1. 1.
      Downtown Core Sub-district. The following stories and height regulations shall apply to the Downtown Core Sub-district.

Table 4.5.1 D. – Stories & Height Regulations

Downtown Core Sub-district

Downtown Core
Sub-District*		N/ARefer to Subchapter 11 for additional requirements relating to streetscape yard, building foundation, and surface parking landscaping requirements
*Downtown Core – Transitional Compatibility ZoneBase District Standards Apply – Refer to Subchapter 11Base District Standards Apply –
Refer to Subchapter 11

  1.   
    1. 3.
      Streetscape Yard Standards
      1. a.
        Tree wells shall be provided within the 15’ streetscape yards along Primary Streets per Section D.3, whereby a medium or large tree (Type A or B) shall be planted for every 30 linear feet of street frontage. Tree wells shall be equipped with electrical outlets. When overhead utilities are present, one small tree (Type C) shall be planted every 20 linear feet of street frontage, and where the clustering of such trees is highly recommended. The Planning Director may approve an alternative streetscape yard design provided the aesthetic intent is maintained.

      1. b.
        If trees are planted within the public right-of-way, irrigation shall be provided by the abutting property owner or a property owner’s association; whereby a license agreement with the City shall be required.
      2. c.
        Street trees planted within the public right-of-way shall be of a hardwood, native species (e.g., Cedar Elm, Red Oak, Mexican White Oak, etc.) with deep root systems with proper irrigation. The species, the required impervious area to support street trees and the method by which they are planted and irrigated within the public right-of-way shall be at the full discretion of the City.
  2.   
    1. 4.
      Building Foundation Landscaping
      1. a.
        Building foundation plantings within the 15’ streetscape yards along Primary Streets per Section D.3, or a similar design concept may be satisfied by the clustering of such plantings within architectural planters or other comparable means.
    2. 5.
      Screening of Refuse Containers
      1. a.
        Refuse containers shall be screened in accordance with Subchapter 11; however, commercial refuse containers and the respective screening shall be located at least 10 feet away from any single-family or two-family-zoned property lines.
      2. b.
        Refuse containers shall be oriented to the side or rear of the principal structure and screened from ground level public view. If a lot abuts an alley, the refuse container shall be oriented to the alley unless there are physical or logistical constraints as determined by the Planning Director.
      3. c.
        If a commercial establishment utilizes a single roll-off or roll-away refuse container with a capacity of 95 gallons or less, it shall not be required to provide a screening enclosure pursuant to Subchapter 11, provided such refuse container(s) are stored to the side or rear and not visible from the public right-of-way.
      4. d.
        If a commercial establishment utilizes a roll-off or roll-out refuse container and such container must be taken to the street or alley for pick up on designated days, such refuse container shall be promptly relocated behind the required screening or enclosed area not visible from the street or alley after pickup on the same day. However, at no time may a roll-off or roll-away refuse container remain visible from the public right-of-way more than twenty-four consecutive (24) hours.
      5. e.
        Refuse containers shall provide a lid that minimizes contents from being exposed to the elements.
  1. I.
    Tree Preservation Standards

    The tree preservation standards of Subchapter 12 shall apply to the Downtown District Overlay.

  2. J.
    Exterior Lighting Standards

    New development within the Downtown District Overlay shall comply with Subchapter 13, except as provided below:

    1. 1.
      Street and Streetscape Lighting.
      1. a.
        At minimum, street lights shall be provided at each street and alley intersection and at intervals not to exceed 50 linear feet along Primary Streets per Section D.3.
      2. b.
        Electrical outlets shall be provided at the base of each street light pole.
      3. c.
        Poles shall be made of cast iron, painted steel or aluminum, and shall be painted black with a matte finish to match existing street lights on Main Street. Poles made of concrete, fiberglass, and wood are prohibited. Lights mounted on wooden utility poles are prohibited.
      4. d.
        The placement of light fixtures shall be coordinated with tree locations to prevent tree canopies from interfering with the proper distribution and level of lighting.
      5. e.
        Light poles shall be set back a minimum of two feet from parking stalls.
      6. f.
        Light poles shall be located within the public right-of-way or streetscape yard so that they do not impede pedestrian traffic.
      7. g.
        The installation of new street lights provided within the public right-of-way or pedestrian scale pole lighting within the streetscape yard shall be consistent with the pole and fixture type as described in the decorative street light detail provided below.

  1.   
    1. 2.
      On-Site Pole Lighting. On-site pole lighting shall meet the same design criteria of street lighting as provided in Subsection 1, immediately above.
  1. K.
    Public Parkland Standards

    New development within the Downtown District Overlay shall comply with Subchapter 14. At the discretion of the Planning Director and the Parks and Recreation Director, enhancements to the streetscape within the public right-of-way may receive credit for the Park Development Fee, provided such improvements are not considered required by another provision of the Code (i.e., Aesthetic improvements such as additional brick paving above the minimum requirements in lieu of concrete paving may be considered; however, credit shall only be applied to the increased cost of the upgraded, decorative material).

  2. L.
    Subdivision Process

    The subdivision standards of Subchapter 15 shall apply to the Downtown District Overlay; however, the maximum block length shall be 600 linear feet.

  3. M.
    Definitions: See Subchapter 20 Definitions
  4. N.
    Miscellaneous Technical Manuals
    1. 1.
      Engineering Design Manual
    2. 2.
      Tree Technical Manual
    3. 3.
      Parks Development Manual

[Ord. # 1465-20-10-27, Amend Sec. 4.5.1, 10/27/2020] 

Effective on: 10/27/2020

4

4.5.2 685 Commercial Park Overlay District

  1. A.
    685 Commercial Park Overlay District Defined

    The purpose of the 685 Commercial Park Overlay District is to establish development regulations specifically for the 685 Commercial Park subdivision and nearby adjacent tracts in order to create and enhance visual interest of the SH 130/F.M. 685 roadway while recognizing the existing heavy commercial and industrial uses.

  2. B.
    Applicability

    Unless otherwise indicated, each section in this Chapter (UDC) is applicable to each lot within the 685 Commercial Park subdivision or tract of land illustrated on the exhibit below.

  1. C.
    Permitted Uses

    Uses in the 685 Commercial Park Overlay District shall be determined by the base zoning district of the property in accordance with Section 4.3 Non-Residential Zoning Districts.

  2. D.
    General Regulations

    Properties in the 685 Commercial Park Overlay District shall conform to the general regulations of the base zoning district in which the property is located as stated in Subchapter 4.3 Non-Residential Zoning Districts.

  3. E.
    Development Requirements: Development Area 1

    The uses in the 685 Commercial Park Overlay Development Area 1 shall adhere to development requirements based on Table 4.5.2.  In addition to the aforementioned sections provided in Section 4.5.2 E., Subchapter 11 Landscaping and Screening Standards and Subchapter 9 Architectural, Site Design and Layout Provisions, shall apply in their entirety to the uses as identified in Table 4.5.2 with “UDC” in the Development Requirements column. All other uses shall follow the requirements stipulated below in Section 4.5.2 F. Development Requirements: Development Area 2.

Table 4.5.2: Use Based Development Requirements, Development Area 1.

Administrative, Medical, or Professional Office

UDC

Auto Parts Sales, Inside

UDC

Automobile Parking Lot/Garage

UDC

Bar/Tavern

UDC

Body Art Studio

UDC

Bus Depot

UDC

Business Services

Development Area 2 Standards

Car Wash

UDC

Cemetery/Mausoleum

UDC

Civic/Convention Center

UDC

Clinic

UDC

Club, not bar/tavern

UDC

College, University, Trade or Private Boarding School

UDC

Commercial Amusements, Indoor

UDC

Contractor’s Shop

Development Area 2 Standards

Drive-In/thru (accessory)

UDC

Dry Cleaning, Major

Development Area 2 Standards

Dry Cleaning, Minor

UDC

Equipment and Machinery Sales and Rental, Minor

Development Area 2 Standards

Financial Institution

UDC

Free-standing monopole cell towers

UDC

Gas Station

UDC

Golf Course and/or Country Club

UDC

Government Facilities

UDC

Gymnastics/Dance Studio

Development Area 2 Standards

Hospital

UDC

Hotel

UDC

Household Appliance Service and Repair

Development Area 2 Standards

Laundromat

Development Area 2 Standards

Massage Therapy, Licensed

UDC

Mortuary/Funeral Home

UDC

Museum/Art Gallery

UDC

Nursery Indoor/Outdoor Sales

Development Area 2 Standards

Park or Playground

UDC

Pet Store/Kennel/Vet Clinic

UDC

Place of Worship

UDC

Print Shop, Major

Development Area 2 Standards

Print Shop, Minor

UDC

Public Swimming Pool

UDC

Research and Development Center

UDC

Restaurant

UDC

Retail Sales and Service

UDC

Retail Sales-Single Tenant over 50,000 SF

UDC

School, Public, Private, or Parochial

UDC

Small Engine Repair Shop

Development Area 2 Standards

Trailer Rental

Development Area 2 Standards

Utilities

UDC

Vehicular Sales, Rental, Repair and Service

Development Area 2 Standards

Any land use within this table listed as “UDC” in Development Area 1, the standard development requirements per the base zoning district applies.

  1. F.
    Development Requirements: Development Area 2. The following development requirements shall apply in Development Area 2 and for all uses stipulated as following Development Area 2 in Table 4.5.2.
    1. 1.
      Architectural Design Standards.
      1. a.
        Masonry is not required.
      2. b.
        Permitted Materials. The following materials are permitted:
        1. i.
          Brick, stone, cast stone, rock, marble, granite, glass block or tile.
        2. ii.
          Stucco or plaster.
        3. iii.
          Exterior Insulation and Finish System (EIFS). Notwithstanding any other provision in this code, the use of Exterior Insulated Finishing System (EIFS) is not permitted below nine feet above finished grade, and the use of EIFS above nine feet is limited to high impact EIFS and should be used for architectural details only.
        4. iv.
          Metal.
        5. v.
          Glass with less than 20 percent reflectance, with the limitation that no more than 50 percent of the total area of the building may be constructed in glass.
        6. vi.
          Split-face concrete block, poured-in-place concrete, and tilt-wall concrete. Any concrete products used must have integrated color and be textured or patterned. Tilt-wall concrete structures must have reveals, punch-outs, or other similar surface characteristics to enhance the facade on at least 10 percent of each facade.
      3. c.
        Prohibited Materials. The following materials are not permitted:
        1. i.
          Pink and gold glass.
    2. 2.
      Building Design

      The following design elements are required as stated in the following table:

Design Element

Development Area 2

Roof Pitch

Gable and hip roofs must be symmetrically pitched between 1:12 and 8:12.

Shed roofs, porch roofs, and arcade roofs subordinate and attached to the primary structure must be pitched between 1:12 and 6:12.

Roof Top Equipment Screening

Parapets must be used to conceal roof top equipment on flat roofs.

Permitted Roof Materials

Tile, metal or laminated shingles must be the dominant roof material.

Prohibited Roof Materials and Style

Asphalt shingles, except laminated 320 pound 30-year architectural grade asphalt shingles or better.

Mansard roofs

Back-lit Awnings used as a mansard roof.

Roof Articulation

N/A

Street Facing Facades - Vertical Articulation (Roofline Variation)

N/A

Street Facing Facades - Horizontal Articulation (Wall Projection)

N/A

Additional Requirements for Street-Facing Facades

N/A

Building Orientation

N/A

  1.  
    1. 3.
      Public Sidewalk Requirements: Sidewalks are not required in Development Area 2.
    2. 4.
      Screening Standards: Screening is not required in Development Area 2.
    3. 5.
      Landscaping: Two trees per platted lot are required in Development Area 2.
    4. 6.
      Irrigation: Hand watering is permitted in Development Area 2 in lieu of any irrigation requirements.
    5. 7.
      Non-residential Fencing and Wall Standards: Except as required in Subchapter 11 Landscaping and Screening Standards, buffering requirements, fences and walls may not exceed eight (8) feet in height.  In addition, fencing and walls shall not be placed within the line of sight as determined by the sight triangle.  Chain-link fences are permitted within Development Area 2.
    6. 8.
      Reference to Development Standards: Unless otherwise indicated, each lot or tract of land within the 685 Commercial Park Overlay District shall comply with Chapter 158 Stormwater Pollution Control Ordinance and all provisions of the following subchapters, unless otherwise stated:
      1. a.
        Subchapter 8 Non-Conformities
      2. b.
        Subchapter 9 Architectural, Site Design and Layout Provisions
      3. c.
        Subchapter 10 Parking, Mobility, and Circulation, except for Pedestrian Mobility and Bicycle Facilities
      4. d.
        Subchapter 12 Tree Preservation Standards
      5. e.
        Subchapter 13 Exterior Lighting Standards
      6. f.
        Subchapter 15 Subdivision Process
      7. g.
        Subchapter 20 Definitions
      8. h.
        Engineering Design Manual
      9. i.
        Tree Technical Manual

Effective on: 2/25/2015

4

4.5.3 Planned Unit Development (PUD) District

  1. A.
    Planned Unit Development (PUD) Defined

    This district is synonymous with the previous nomenclature “Alternative Land Use Regulation” (ALUR) and is intended to encourage unique, well planned comprehensive developments.  The applicant or the City may propose varied or different standards that improve development design or enable a unique development type not otherwise accommodated in the zoning ordinance while still maintaining compatibility with existing or allowable future uses of adjacent or nearby properties.

  2. B.
    General Intent

    A Planned Unit Development (PUD) district is intended to establish a development which mixes land uses and/or utilizes an innovative design that may not be otherwise achievable through conventional zoning or subdivision regulations. In order to consider a Planned Unit Development application, a development shall demonstrate compliance with the following:

    1. A.
      Land with 20 acres or less shall require consent from the City Council prior to an application being submitted for a Planned Unit Development.
    2. B.
      Land use(s) shall be generally consistent with the Comprehensive Plan and sensitive to the surrounding community. Where a mixed use or center is identified, a mix of housing types, employment opportunities or commercial services shall be integrated to establish a cohesive development.
    3. C.
      Adequate infrastructure shall exist, or expansions proposed with the development to support the proposed land use(s) for each phase of the development.
    4. D.
      Development standards and a proposed layout of the development shall be provided to identify how the proposed development will be created. The City Council may consider minor deviations from conventional zoning or subdivision regulations when other amenities or development standards are proposed that exceed the minimum requirements for the land use(s) as otherwise required by the Unified Development Code.
  3. C.
    Content Requirements
    1. 1.
      Application and Letter of Request:  A letter of request shall provide an understanding of why a Planned Unit Development is needed for the proposed project and generally why a conventional zoning district is not feasible. At a minimum, the letter of request should identify the location, acreage, proposed land uses, density, and provide a comparison of any deviations or enhancements proposed with the development.
    2. 2.
      Regulating Plan: The intended layout of the subdivision as it pertains to proposed uses, streets or alleys, lots, utilities, public parks, open space and amenities, streetscape and landscaping, trails, detention, internal circulation, and parking. The plan shall be of sufficient detail to enable a preliminary plan to be established. The plan shall be reproducible in black and white on an 11”x17” paper size.
    3. 3.
      Development Code: Written development regulations or references to existing zoning and subdivision requirements to be used to establish the proposed development. The regulations shall reflect what is shown on the regulating plan and at a minimum include the following information:
      1. a.
        General Regulations per use type:
        1. i.
           Description per use type
        2. ii.
          Lot size (width, depth, area)
        3. iii.
          Maximum lot coverage
        4. iv.
          Building setbacks
        5. v.
          Maximum building/structure height
      2. b.
        Street Standards:
        1. i.
           Description of street type
        2. ii.
          Street and alley cross sections
        3. iii.
          Landscaping and irrigation within street cross sections
        4. iv.
          Street and any pedestrian lighting
      3. c.
        Architectural Requirements
        1. i.
           Building materials
        2. ii.
          Architectural design elements (windows, articulation, etc.)
        3. iii.
          Examples of building elevations
      4. d.
         Dedicated public parkland and developer improvements with perpetual private maintenance.
      5. e.
        Landscaping, Fencing and Open Space Standards
      6. f.
        Community amenities and development enhancements exceeding minimum requirements. Examples may include, but are not limited to:
        1. i.
          Donation of public facilities such as: schools, libraries, police stations, fire stations, or other public facilities as approved by the City Council.
        2. ii.
          An irrigated, private park owned and maintained by a private entity or HOA, with amenities such as:
          1. 1.
             A wet pond, fountain, or artwork such as a sculpture garden;
          2. 2.
            Playgrounds with commercial grade equipment, picnic/barbeque areas with commercial grade equipment; or court games (tennis, volleyball or basketball) that cover at least 1,000 square feet in area;
          3. 3.
            Plazas, courtyards, or community gardens with irrigation systems and collars to define garden edges which cover at least 1,000 square feet in area.
        3. iii.
          Enhanced landscaping and pedestrian spaces within the development:
          1. 1.
            Privately maintained native deciduous tree plantings in accordance with Subchapter 11, providing shade, color and interest along vehicle and pedestrian corridors within the development,
          2. 2.
            Use of engineered soils within privately maintained, native landscaped rain gardens in accordance with local low impact design practices and as approved by the City Engineer;
          3. 3.
            Addition of pedestrian lighting, low seating walls and benches along sidewalks and pedestrian spaces in commercial areas;
          4. 4.
            Integration of brick or similar textured or patterned pavers for crosswalks, within plazas and similar pedestrian spaces in commercial areas;
          5. 5.
            Other items as approved by the Planning Director.
  4. D.
    Minor PUD Amendments
    1. 1.
      Minor modifications or amendments to the PUD development code or regulating plan may be approved by the Administrator if the following criteria are met:
      1. a.
        The change is necessary because of natural features of the site that were not foreseen by the applicant or the City prior to approval of the PUD; or
      2. b.
        The change will not have the effect of significantly reducing any area of landscaping, open space, natural area or parking; and
      3. c.
        The change will not have the effect of increasing the residential density of the development; and
      4. d.
        The change, including all cumulative additions or expansions, will not increase the gross floor area of any non-residential structure by more than 20 percent; and
      5. e.
        The change will not result in any structure or vehicle circulation being moved significantly in any direction; and
      6. f.
        The change will not reduce any approved setback or the height of any structure by more than 10 percent; and
      7. g.
        The change will not have the effect of altering the type or maximum size of signage, reducing amenities or connectivity, or reducing the quality of materials to be used in construction; and
      8. h.
        The change does not result in any significant adverse impacts beyond the site.
    2. 2.
      Where administrative approval is not permitted, the Planning and Zoning Commission may consider a minor amendment to the PUD, through a formal written request identifying the proposed modification and any minor changes to the regulating plan or development code necessary to address the proposed change, and only if the following criteria are met:
      1. 1.
        The amendment maintains the design intent or purpose of the PUD ordinance; and
      2. 2.
        The amendment maintains the quality of design or product established by the PUD ordinance; and
      3. 3.
        The amendment is not materially detrimental to uses or property in the immediate vicinity of the proposed change.
  5. E.
    Major PUD Amendments
    1. 1.
      Major changes shall be all those not determined to be a minor amendment and shall be approved by City Council.
    2. 2.
      Major PUD amendments shall follow the process for establishing a PUD and shall include a new application with fee, a written request outlining the proposed changes, an updated regulating plan and development code, and any other documentation necessary to address the proposed change

Effective on: 2/25/2015

4.5.4 Austin Executive Airport Hazard Overlay District

  • A.
    Purpose

    The purpose of this overlay district is to minimize hazard and public nuisance associated with the airport, which is found to serve an essential community purpose, by regulating and restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of the Austin Executive Airport by creating appropriate zones and boundaries. This district is necessary in the interest of and to protect the public health, safety, and general welfare.

  • B.
    Definitions

    As used in these regulations, unless the context otherwise requires:

    • Administrative Agency - An agency so designated by each Political Subdivision under Section 241.031 of the Texas Local Government Code, as amended, to administer and enforce these regulations in each Political Subdivision’s respective jurisdiction. The Administrative Agency for purposes of this Section is deemed to be the Administrator provided under Section 2.6 of this Chapter.

    Airport - Austin Executive Airport located in Travis County, Texas, including the ultimate development of that facility.

    Airport Elevation - The established elevation of the highest point on the runway, either existing or planned, at the airport measured in feet above mean sea level (MSL). The airport elevation of Austin Executive Airport is 620 feet above mean sea level (MSL).

    Airport Hazard - Any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft or obstructs or interferes with the control, tracking, and/or data acquisition in the landing, takeoff, or flight at an airport or any installation or facility relating to flight, tracking, and/or data acquisition of the flight craft; is hazardous to, interferes with, or obstructs such landing, takeoff, or flight of aircraft; or is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.

    Approach Surface - A surface longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section E of these regulations. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

    Approach, Conical, Horizontal, and Transitional Zones - These zones are set forth in Section D of these regulations and are depicted in Figure 1, below:

    Austin Executive Airport Board of Adjustment - The joint board of adjustment created by Section I of these regulations to administer and enforce these regulations in the areas where the Political Subdivisions’ Board of Adjustments do not have jurisdiction.

    Board of Adjustment - A board of adjustment so designated by each Political Subdivision under Section 241.032 of the Local Government Code, as amended, to administer and enforce these regulations in each respective Political Subdivision’s jurisdiction. The City’s Board of Adjustment established under Section 2.3 of this Chapter is designated as the Board of Adjustments for purposes of this Section, in accordance with Section 3.13 of this Chapter to the extent not in conflict with this Section.

    Conical Surface - A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) feet horizontally for each one (1) foot vertically for a horizontal distance of four-thousand (4,000) feet.

    Hazard to Air Navigation - An obstruction or use of land determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.

    Height - For the purpose of determining the height limits in all zones set forth in these regulations and shown on the hazard zoning map, the datum shall be height above mean sea level (MSL) elevation as measured in feet.

    Horizontal Surface - A horizontal plane one-hundred fifty (150) feet above the established airport elevation which in plan coincides with the perimeter of the horizontal zone.

    Nonconforming Use, Structure, or Tree - Any structure, tree, or use of land which is inconsistent with the provisions of these regulations and which is existing as of the effective date of these regulations. This definition shall only be applicable to this section of the Code.

    Nonprecision Instrument Runway - A runway having an existing instrument approach procedure utilizing air navigation facilities or other equipment that provides only horizontal guidance or area type navigation equipment. This also includes a runway for which a nonprecision instrument approach procedure has been approved or planned. Planned Runway 13/34 is considered a nonprecision instrument runway.

    Obstruction - Any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in Section E of these regulations or is an airport hazard. This definition shall only be applicable to this section of the Code.

    Other than Utility Runway - A runway designed for and intended to be used by propeller driven aircraft of more than twelve-thousand five-hundred (12,500) pounds maximum gross weight and jet powered aircraft. Runway 13/31 at Austin Executive Airport is considered another than utility runway.

    Person - An individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian, or another representative.

    Precision Instrument Runway - A runway having an existing instrument approach procedure utilizing air navigation facilities or other equipment which provide both horizontal and vertical guidance. This also includes a runway for which a precision instrument approach procedure has been approved or planned. Runway 13/31 at Austin Executive Airport is considered a precision instrument runway.

    Primary Surface - A 7,400-foot-wide surface longitudinally centered on the runway extending the full length of the ultimate runway configuration plus two hundred (200) feet beyond each ultimate end of the runway. The elevation of any point on the primary surface is the same as the nearest point on the existing or ultimate runway centerline.

    Runway - A defined area on the airport prepared for the landing and taking off of aircraft along its length. The current length of Runway 13/31 at Austin Executive Airport is 6,025 feet.  The length of the ultimate runway configuration of Runway 13/31 at Austin Executive Airport is 7,500 feet.  The length of the ultimate parallel 16/34 is 1,550 feet.

    Structure - An object, including a mobile object, constructed or installed by Person including, but not limited to, buildings, towers, cranes, smokestacks, poles, earth formations, overhead power lines, and traverse ways. Traverse ways are considered to be the heights set forth in 14 C.F.R. Part 77.23. This definition shall only be applicable to this section of the Code.

    Transitional Surfaces - Surfaces extending perpendicular to the runway centerline and the extended runway centerline outward from the edges of the primary surface and the approach surfaces at a slope of seven (7) feet horizontally for each one (1) foot vertically to where they intersect the horizontal surface. Transitional surfaces for those portions of the precision approach surface which extend through and beyond the limits of the conical surface extend at a slope of seven (7) feet horizontally for each one (1) foot vertically for a distance of five-thousand (5,000) feet measured horizontally from either edge of the approach surface and perpendicular to the extended runway centerline.

    Tree - Any type of flora or an object of natural growth. This definition shall only be applicable to this section of the Code.

    1. C.
      Administrative Agency

      The Administrative Agency of each Political Subdivision shall be responsible for the administration and enforcement of the regulations prescribed herein.

    2. D.
      Zones

      In order to carry out the provisions of these regulations, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, conical surface, horizontal surface, and transitional surfaces as they apply to the airport. Such surfaces are shown on the Austin Executive Airport Hazard Zoning Map prepared by KSA Engineers, dated April 2015, which is incorporated in and made a part of these regulations.  An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

      1. 1.
        Approach Zones - Approach zones are hereby established beneath the approach surfaces at each end of Runway 13/31 at the airport for other than utility runway. The approach surface shall have an inner edge width of 550 feet, which coincides with the width of the primary surface, at a distance of two-hundred (200) feet beyond each runway end, widening thereafter uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet beyond the end of the primary surface. The centerline of the approach surface is the continuation of the centerline of the runway.
      2. 2.
        Conical Zone - A conical zone is hereby established beneath the conical surface at the airport which extends outward from the periphery of the horizontal surface for a horizontal distance of four-thousand (4,000) feet.
      3. 3.
        Horizontal Zone - A horizontal zone is hereby established beneath the horizontal surface at the airport which is a plane one-hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten-thousand (10,000) feet radii from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.
      4. 4.
        Transitional Zones - Transitional zones are hereby established beneath the transitional surfaces at the airport. Transitional surfaces, symmetrically located on either side of the runway, have variable widths as shown on the Austin Executive Airport Height and Hazard Zoning Map prepared by KSA Engineers, dated April 2015, which is incorporated in and made a part of these regulations. Transitional surfaces extend outward perpendicular to the runway centerline and the extended runway centerline from the periphery of the primary surface and the approach surfaces to where they intersect the horizontal surface. Where the precision instrument runway approach surface projects through and beyond the conical surface, there are hereby established transitional zones beginning at the sides of and at the same elevation as the approach surface and extending for a horizontal distance of five-thousand (5,000) feet as measured perpendicular to the extended runway centerline.
      5. 5.
        Austin Executive Airport Height and Hazard Zoning Map prepared by KSA Engineers, dated April 2015.

    1. E.
      Height Limitations

      Except as otherwise provided in Section H of these regulations, no structure shall be erected, altered, or replaced and no tree shall be allowed to grow in any zone created by these regulations to a height in excess of the applicable height limitations herein established for such zone except as provided in Paragraph 5 of this Section. The Airport Hazard Zones described in this section are depicted on an airport height and hazard zoning sheet on file with the Austin Executive Airport.  Official notification will be provided to each political subdivision if changes are made to the official Height and Hazard map.  Such applicable height limitations are hereby established for each of the zones in question as follows:

      1. 1.
        Approach Zones - Slope one (1) foot in height for each 40 feet in horizontal distance beginning at the end of and at the same elevation as the primary surface and extending to a point 50,000 feet beyond the end of the primary surface.
      2. 2.
        Conical Zone - Slopes one (1) foot in height for each twenty (20) feet in horizontal distance beginning at the periphery of the horizontal zone and at one-hundred fifty (150) feet above the airport elevation and extending to a height of three- hundred fifty (350) feet above the airport elevation, or to a height of 970 feet above mean sea level.
      3. 3.
        Horizontal Zone - Established at one-hundred fifty (150) feet above the airport elevation, or at a height of 770 feet above mean sea level.
      4. 4.
        Transitional Zones - Slope one (1) foot in height for each seven (7) feet in horizontal distance beginning at the sides of and at the same elevations as the primary surface and the approach surfaces.
      5. 5.
        Excepted Height Limitation – None
    2. F.
      Land Use Regulations

      Except as provided in Section G of these regulations, no use may be made of land or water within any zone established by these regulations in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create potential bird strike hazards such as, but not limited to, waste, construction, and demolition landfills, and new large bodies of water (localized wetland, ponds, and storm water retention ponds greater than or equal to 1 acre), or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport. Localized wetlands, ponds, and retention ponds greater than or equal to 1 acre will be subject to evaluation by Austin Executive Airport to review and if appropriate, issue a letter of no objection.

    3. G.
      Nonconforming Uses, Structures, and Trees
      1. 1.
        Nonconforming Uses - Nothing contained in these regulations shall be construed as requiring changes in or interference with the continuance of any nonconforming use of land.  Existing nonconforming uses are Lake Pflugerville and 1849 Park water storage and irrigation.
      2. 2.
        Nonconforming Structures - Nothing contained in these regulations shall be construed as to require the removal, lowering, or other change to any existing nonconforming structure including all phases or elements of a multiphase structure the construction of which was begun prior to the effective date of these regulations and is diligently prosecuted.
      3. 3.
        Nonconforming Trees - Nothing in these regulations shall be construed as to require the removal, lowering, or other change to any nonconforming tree. However, any nonconforming tree which grows to a greater height than it was as of the effective date of these regulations is subject to the provisions of these regulations as described in Section E herein above.
    4. H.
      Permits and Variances
      1. 1.
        Permits - Any person who desires to replace, rebuild, substantially change, or repair a nonconforming structure or replace or replant a nonconforming tree is required to apply for a permit. No permit shall be granted which would allow the establishment of an airport hazard or allow a nonconforming structure or tree to exceed its original height or become a greater hazard to air navigation than it was at the time of the adoption of these regulations. Applications for a permit shall be submitted to the Administrative Agency which has jurisdiction over the permit application.
      2. 2.
        Variances - Any person who desires to erect, substantially change, or increase the height of any structure or establish or allow the growth of any tree which would exceed the height limitations set forth in Section E of these regulations or change the use of property in such a way as to create a hazardous condition as described in Section F of these regulations is required to apply for a variance with the Joint Board of Adjustment or Board of Adjustment, as applicable. The application for variance must be accompanied by a determination from the Federal Aviation Administration under 14 C.F.R. Part 77 as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship and the granting of relief would result in substantial justice, not be contrary to the public interest, and be in accordance with the spirit of these regulations.
      3. 3.
        Requirements and Reasonable Conditions
        1. a.
          Any variance granted may at the discretion of the Joint Board of Adjustment or Board of Adjustment, as applicable, impose any reasonable conditions as may be necessary to accomplish the purpose of these regulations.
        2. b.
          Any permit granted may, at the discretion of the Administrative Agency, impose a requirement to allow the installation and maintenance of any markers or lights to indicate to flyers the presence of an airport hazard.
    5. I.
      Austin Executive Airport Board of Adjustment
      1. 1.

        The Austin Executive Airport Board of Adjustment is hereby created to administer and enforce these regulations in the areas not within the jurisdiction of the Political Subdivisions’ Board of Adjustments.

      2. 2.

        The Austin Executive Airport Board of Adjustment shall:

        1. a.

          hear and decide specific variances.

        2. b.

          hear and decide special exceptions to the terms of these regulations when the board is required to do so; and

        3. c.

          hear and decide appeals from any order, requirement, decision, or determination made by the Administrative Agency in the administration or enforcement of these regulations;

      3. 3.

        The Austin Executive Airport Board of Adjustment shall be comprised of five (5) members and one alternate member appointed by the Political Subdivisions.  The terms for the members shall be two years.  The members shall elect a chairman from one of the members.  The Austin Executive Airport Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of these regulations. Meetings of the Austin Executive Airport Board of Adjustment shall be held at the call of the chairman and at such times as the Austin Executive Airport Board of Adjustment may determine. The chairman, or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Austin Executive Airport Board of Adjustment shall be public. The Austin Executive Airport Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or if any member is absent or fails to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Austin Executive Airport Board of Adjustment or in the office of appropriate Administrative Agency. All such records shall be public records.

      4. 4.

        The Austin Executive Airport Board of Adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in determining special exceptions and variances.

      5. 5.

        The concurring vote of four (4) members of the Austin Executive Airport Board of Adjustment shall be necessary to decide in favor of the applicant on any matter upon which it is required to pass under these regulations, or to affect any variance to these regulations.

      6. 6.

        The Political Subdivision appointing a member to the Austin Executive Airport Board of Adjustment may remove that member for cause on a written charge after a public hearing.  A Political Subdivision shall fill any vacancy on the board for the unexpired term for a member assigned to that Political Subdivision.

      7. 7.

        Austin Executive Airport is the official record keeper of all the Austin Executive Airport Board of Adjustment files and minutes.

    6. J.
       Appeals
      1. 1.
        A person aggrieved or a taxpayer affected by a decision of an Administrative Agency, or a Political Subdivision or the Joint Airport Zoning Board that believes the decision of an Administrative Agency is an improper application of these regulations, may appeal the decision to a Board of Adjustment or the Austin Executive Airport Board of Adjustment, as applicable. For the purpose of Sections J and K of these regulations, the Board of Adjustment and the Austin Executive Airport Board of Adjustment are collectively referred to as Board of Adjustment.
      2. 2.
        All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment by filing a notice of appeal with the Board of Adjustment and the appropriate Administrative Agency specifying the grounds for the appeal. The Administrative Agency shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed was taken.
      3. 3.
        An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrative Agency certifies in writing to the Board of Adjustment that by reason of the facts stated in the certificate, a stay would, in the opinion of the Administrative Agency, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the administrative agency and on due cause shown.
      4. 4.
        The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, and/or by attorney.
      5. 5.
        The Board of Adjustment may reverse or affirm, in whole or in part, or modify the Administrative Agency’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for this purpose the Board of Adjustment has the same authority as the Administrative Agency.  The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Agency.
      6. 6.
        The Board of Adjustment shall make written finding of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of these regulations.
    7. K.
      Judicial Review

      A person aggrieved or a taxpayer affected by a decision of a Board of Adjustment or a Political Subdivision or the Joint Airport Zoning Board that believes the decision of a Board of Adjustment is illegal may present to a court of record a petition stating that the decision of the Board of Adjustment is illegal and specifying the grounds of the illegality as provided by and in accordance with the provisions of Section 241.041 of the Texas Local Government Code, as amended. This same right of appeal is extended to each Administrative Agency.

    8. L.
      Enforcement and Remedies

      Each Political Subdivision and the Joint Airport Zoning Board may institute in a court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of Chapter 241 of the Local Government Code, these regulations, or any order or ruling made in connection with their administration or enforcement of these regulations.

    9. M.
      Conflicting Regulations

      Where there exists a conflict between any of the regulations or limitations prescribed herein and any other regulation applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall control.

    10. N.
      Severability

      If any of the provisions of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application and to this end, the provisions of these regulations are declared to be severable.

    11. O.
      Adherence with State Laws

      Any actions brought forth by any person or taxpayer as a result of the administration, enforcement, or the contesting these regulations will be in accordance with the provisions of Chapter 241 of the Texas Local Government Code, as amended, and other applicable State laws.

    12. P.
      Immunity Clause

      No elected or non-elected, person, employee, officer, member or agent of political subdivision, Austin Executive Joint Zoning Board and Austin Executive Airport Board of Adjustment shall have (a) any personal liability with respect to any of the provisions of this Ordinance, Regulation, or (b) any liability for any consequential damages resulting from the exercise by political subdivision or Austin Executive Joint Board of any its duties herein.

    [Ord. # 1355-18-07-10, Add section 4.5.4., 07/10/2018]

    Effective on: 7/10/2018