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21-S-26- UDC Amendment to subsections in Article 5, 9, and 14WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz, Texas (the "City") adopted as Amended and Restated -&—nified r" ! +r Code on Aicril 13 201(1 as ffirther amended Ithe "Current UDC"); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; W11.1 1161 4 • 1 1 1 111111111 lilril�lrn —M. VIRIMISIMC-0 I IN am BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY • SCHERTZ, TEXAS: THAT: Section 2. The recitals contained in the preamble hereof are hereby found to be true, anM such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part the judgment and findings of the Council. • Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws the State ♦ Texas and the United States of America, I Section 6. This Ordinance shall be construed and enforced in accordance with the laws the State of Texas and the United States 1 f America. I ATTEST: v �r k Bi6da Dennis, City Secretary FOOr-OUMN See Attached- Sec. 21.5.5. - Statement of Purpose and Intent for Residential Districts. 0. Main Street Mixed- Use New Development District (MSMU-ND). Intended to provide a base zoning district in the area along Main Street, specifically for new development of existing properties. This district is intended to mirror The Main Street fixed -Use District (MSMU), allowing for both single-family residenfial uses and low intensity commercial uses. Reduced setbacks, parking reqWrernents, along with reduced landscape buffers are provided as part of this district due to physical restraints of the ex sfing properties, Sec. 21.5.7.- Dimensional and Developmental Standards. A. GeneraL All projects or developments shall comply with all of the applicable dimensional and development standards nf this Article. Additional requirements may also apply osrequired in other sections of this UDC. All area requirements and lot sizes shall be calculated based on gross acres. Table 21.5.7.A DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS IlVliscellaneous Minimum Lot Size And Minimum Yard Setback (Ft) Lot Dimensions Minimum Area Width I Depth Front Side i Rear max max 'Off-Street Code Zoning District i Height Impery Key Ft. Cover I Parking Spaces are determined based on the square footage of I 1,500 sqft require parking MSMU- Main Street Mixed Use- ND New Development 5,000 sqft, requires 5 parking spaces unless the i !proposed land use MOLfld i require 10,000 sqft, requires 10 1 parking ----------------- ----------------------------------------------------- ------------------ --------- ...... - ........... ... ............... --------- -.... , ---- ------------- ------------------- .................. spaces; unless the proposed land use iwoWd require less, �Over I 10,000sqft requires 20 parking �s paces; unless the proposed land use woWd reqUire less. .. .. . . ............................ 'Key: . ----------------------------------------------------------------- - -- — - ------------------------------------ - ------------------ --------------- -------------------------------------------- ---------------------- - ------------------- - ------------------- . ... ... ......... Add 1,800 square feet of area for each unit after the first 3 units. Maximum density shall not exceed 24 units I a. per acre. r. . . ........................ ............................. — 1.5 parking spaces per bedroom. r. . . . . ............................ C. T .... -------------------------------- Zero lot line Garden Homes. r- - ---------------------- d. -- . ................................................................................................................................................................................................................................................................... 20-foot paved alley for ingress/egress to all rear garages. e. ............... 5-foot shall be designated maintenance easement. - - -------------------- f. . .. ......................................................................................................................................................... Corner lot shall have 10-foot side yard setback from street right-of-way. r--- ---------------------- 9. 7 25-foot set back to property line adjoining public street. r- - -------------------- h. Corner lot shall have minimum 15-foot side yard setback from street ............... right-of-way. - -------------------- i. ................................................................................................................................................. Minimum lot area for each unit. ............................................................................................................ . ............................. j. . ........... ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Site Plan approval required. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ I J I ----------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ - Swimming pools count toward the maximum impervious cover limitations, unless the swimming pool is k. equipped with a water overflow device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded. . ............ . . ............ . No variances may be permitted to exceed the maximum impervious cover limitations M. Refer to Article 14, section 21.14.3 for additional design requirements .. . . .................... All single family residential dwelling units constructed within this district shall be constructed with an n. enclosed garage. . . . ......................................................................................................................................................... !Side yard setback of 7.5 ft. for R-1, R-2, R-3, R-6, R-7, and MHS continues in effect for all subdivisions vested on the date of adoption of Ordinance No. 11-S-15. -------------------- -------------- . .................. ------------------- . ......... . ------------------------------------------------------------------------------------------------------------------------------------------------ Article 5, Section 21.5.8- Permitted Use Table: PERMITTED USES Accessory Building, Residential Agricultural /Field Crops Airport, Heliport or Landing Field Alcohol Package Sales Antenna and /or Antenna Support Structure, Commercial Antique Shop Appliances, Furniture and Home Furnishings Store Art Gallery /Library /Museum Assisted Care or Living Facility Athletic Stadium, Private Athletic Stadium, Public Automobile Parking Structure /Garage Automobile Parts Sales Automobile Repairs & Service, Major Automobile Repairs & Service, Minor Automobile Sales Bakery Bank, Saving and Loan, Credit Union Beauty Salon /Barber Shop Bed and Breakfast Inn Book Store Bottling Works Building Material and Hardware Sales Cabinet or Upholstery Shop Car Wash, Automated Car Wash, Self Serve Cemetery or Mausoleum Church, Temple, Synagogue, Mosque, or Other Place of Worship Civic /Convention Center College, University, Trade, or Private Boarding School Commercial Amusement, Indoor Commercial Amusement, Outdoor Community Center Concrete /Asphalt Batching Plant Convenience Store w/o Gas Pumps Convenience Store w/ Gas Pumps Dance Hall /Night Club Day Care Center Department Store Dry Cleaning, Major Dry Cleaning, Minor Family or Group Home Farmers Market Flea Market, Inside Flea Market, Outside Florist Fraternity, Sorority, Civic Club or Lodge Furniture Sales Gasoline Station /Fuel Pumps Gated Community General Manufacturing /Industrial Use Golf Course and /or Country Club Governmental Facilities Gymnastics /Dance Studio Hazardous Waste Health /Fitness Center Heavy Equipment Sales, Service or Rental Home Improvement Center Hospital Hotel /Motel Household Appliance Service and Repair In -Home Day Care Landfill Laundromat Livestock Locksmith /Security System Company Medical, Dental or Professional Office /Clinic Mini - Warehouse /Public Storage Manufactured /Mobile Homes Manufacturing Mortuary /Funeral Home Multi- Family Apartment Dwelling Municipal Uses Operated by the City of Schertz Museum Nursery, Major Nursery, Minor Office Showroom Office - Warehouse /Distribution Center One - Family Dwelling Attached One - Family Dwelling Detached Packaging /Mailing Store Park /Playground /Similar Public Site Pawn Shop Pet Store Pharmacy Portable Building Sales Post Office Print Shop, Major Print Shop, Minor Private Club Railroad /Bus Passenger Station Recreational Vehicle Park Recreational Vehicle Sales and Service Recycling Collection Center Recycling Collection Point Recycling Facility Rehabilitation Care Facility Restaurant, Drive -In Restaurant or Cafeteria Retail Stores and Shops School, Public or Private Sexually Oriented Business (See Ordinance No. 02 -L -16) Stable, Commercial Storage or Wholesale Warehouse Tattoo Parlors /Studios Tavern Taxidermist Theater, Outdoor Theater, Indoor Tool Rental Trailer /Manufactured Homes Sales Truck Sales, Heavy Equipment Truck Terminal Two - Family Dwelling Veterinarian Clinic /Kennel, Indoor Veterinarian Clinic /Kennel, Outdoor Welding /Machine Shop Wrecking or Salvage Yard New and Unlisted Uses Sec. 21.9.7. - landscaping. G. Nonresidential and Multifamily Landscape Buffer Requirements. In addition to any screening requirements of section 21.9.8, a nonresidential or multifamily use adjacent to a residential use or residentially zoned property shall provide a minimum twenty foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. 2. The landscape buffer and planting requirements do not apply to public water and wastewater facilities if an eight feet (8') masonry fence is provided at or near the property boundary. 3. Due to the fle ibiiity in residential / nonresidential for the Main Street Mixed -Use (MS MU) and Main Street Mixed - Use - New Development (MS U -N ) zoning districts, the twenty -foot (°"eft') landscape buffer requirement is not applicable. H. Parking Area Landscaping. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from these standards. Section H does not apply to public schools. 1. Interior Landscaping. A minimum of ten percent (10 %) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and /or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots. Interior landscaping requirements do not apply to public water and wastewater facilities if an eight feet (8') masonry fence is provide at or near the property boundary. a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. c. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 200 square feet or ten feet (10') by twenty feet (20') in size. d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. 2. Perimeter Landscaping. All parking lots and vehicular use areas shall be screened from all abutting properties with a wall, fence, hedge, berm or other durable landscape barrier. All parking lots and vehicular use areas shall be screened from all abutting public rights -of -way with a wall, berm or combination of hedge and berm. Any living barrier shall be established in a minimum five foot (5') planting strip. Plants and materials used in living barriers shall be at least thirty inches (30 ") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off - street parking lots and other vehicular use areas from public rights -of -way and adjacent residential properties. b. Whenever an off - street parking or vehicular use area abuts an adjacent residential property line, a perimeter landscape area of at least ten feet (10') in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for single family residential purposes, a landscape buffer shall include a masonry wall and hedge, or berm which shall be a minimum of three feet (3') in height and a maximum of eight feet (8') in height. The requirements of this subsection do not apply to public water and wastewater facilities if an eight feet (8') masonry fence is provide at or near the property boundary. c. Perimeter landscape areas shall contain at least one (1) shade tree for each fifty linear feet (50'), or fraction thereof, of perimeter area. Sec. 21.9.8. - Screening and Fencing. B. Fences in Nonresidential and Multifamily Areas. 1. Height. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a required front yard shall exceed eight feet (8') in height. Fences constructed in the front yard shall be non - opaque and shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes and regulations. All fences for public water and wastewater facilities are allowed to be opaque. 2. Fence Materials. a. Materials Permitted. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, above ground electrical fencing or other materials traditionally used in private fence construction. b. Prohibited Materials. Hog wire or chicken wire, screening slats within chain link, and barbed wire are prohibited except on parcels or lots one acre or greater in size in conjunction with the containment of livestock or farm animals. Three strand barbed wire on top of chain link fencing is permitted when associated with public water and wastewater facilities and when not visible from public rights -of -way or adjacent properties. 3. Fences Adjacent to Residential Property. Where any nonresidential or multifamily use, lot or parcel except public schools is adjacent to or separated by only a local street or alley from a lot or parcel that is zoned for single family residential use, the nonresidential or multifamily use shall construct a masonry screening wall a minimum of eight feet (8') in height. The screen shall be located no closer to the street than the property line. Such screening wall shall be maintained in good condition. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right - of -way. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use, the required masonry screening wall shall be constructed on the higher elevation so as to mitigate the adjacent residential property from the impacts of the adjacent use. Clue to the flexibility in residential / nonresidential for the main Street Mixed Use (MS MU) and plain Street Mixed-Use - New Development (l 1SMU -N t) zoning districts, the masonry wO requirement is not applicable. 4. Screening of Trash Receptacles. All trash receptacles shall be screened from public view by a solid screening wall a minimum of eight feet (8') in height and constructed of a masonry material. Gates shall be of solid metal and shall be closed at all times except when loading and unloading. 5. Fences within Public Easements. Fences within a public easement shall have a gate or removable panel to allow for maintenance access to such easement. The City shall not be responsible for damage to any fence that may occur as a result of maintenance of any utility within the easement. 6. Gates for Vehicular Access. Gates designed for vehicular access shall be set back from the property line a Sec. 21.14.3. - Additional Design Requirements. A. Purpose and Applicability. 1. The purpose of this Section is to establish additional development standards applicable to certain streets within the City to ensure uniform and quality development resulting in an attractive environment compatible with businesses and residential dwellings which does the following: a. provides an environment and living conditions favorable to the public; b. provides a creative approach to land use and related physical development; c. creates a pattern of development which preserves trees and outstanding natural topography and prevents soil erosion and pollution; d. encourages mixed use development through innovative uses of modern development concepts; and e. produces open space and recreation areas. 2. The requirements of this section shall be applicable to all roadways classified as Principal Arterials or Secondary Arterials in accordance with section 21.14.1 including, but not limited to, Schertz Parkway, FM 3009, Old Wiederstein Road, Country Club Blvd, FM 78, FM 1518, FM 482, and Wiederstein Road. B. Permitted Uses. Buildings, structures and land shall be used in accordance with the uses permitted in the applicable zoning district and shall comply with the dimensional requirements of that district in accordance with Article 5 of this UDC. C. Landscape Buffer. In addition to the requirements of section 21.9.7 of this UDC for landscaping, a minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right -of -way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. The requirements of this section are not applicable to properties zoned Main Street Mixed -Use - New Development ( SMU -ND). D. Off- Street Parking. Off street parking is permitted adjacent to the landscape buffer along the right -of -way. Parking and vehicular use areas adjacent to the right -of -way shall have land berm walls or a vegetative hedge barrier to reduce vehicular reflections to the right -of -way. A waiver may be granted by the Planning and Zoning Commission which would allow a reduction in the minimum required landscape buffer when off - street parking is located entirely along the side or rear of the building or lot. The requirements of this section are not applicable to propeilies coned Main Street Mixed- Use - New Development ( 1SMU -ND). E. Building Setback Line. A minimum fifty foot (50') building setback shall be required adjacent to all rights -of -way. A waiver may be granted by the Planning and Zoning Commission which would allow for a reduction in the minimum required setback when an alternative site layout and design provides for additional open space or landscaping and off - street parking will be located entirely at the rear of the building or lot. In no case shall the minimum building setback be reduced less than the minimum required setback for the applicable zoning district in. The requirements of this section are not applicable to properties zoned Main Street Mixed-Use -flew Development (MSMU- JD). F. Driveways and Access (Connectivity). Access shall be limited to provide for safe traffic flow and the design shall provide interior drives to limit the number of accesses to the public right -of -way. Access easement should be utilized to limit the number of driveway accesses. Accesses should be planned to match existing driveways or street intersections on the opposite side of the street. All driveways shall have a minimum sight distance of 240 feet. G. Screening. A masonry screening wall a minimum of eight foot (8') in height shall be provided where the rear yard of any residential or nonresidential lot abuts a Principal or Secondary Arterial. Any masonry screening wall constructed as part of a new residential subdivision shall be constructed of a like and similar material and color as screening walls in adjacent subdivisions to provide a consistent streetscape.