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85S10 AMENDING ZONING ORDINANCE 79S15 ORDINANCE No.J5 -5 - 10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 79-S-l5 OF THE CITY OF SCHERTZ BY ADDING A NEW SECTION TO ARTICLE XVI, ENTITLED "SPECIAL OVERLAY DISTRICT FM 3009"; PROVIDING A PENALTY AND REPEALING ALL ORDINANCES IN CONFLICT. WHEREAS, the City Council wishes to comply with Article XIX, Section 2, 2.1 of cited ordinance which requires the Planning and Zoning Commission to review the Zoning Ordinance at least every three years and make recommendations to the Mayor and City Council that appropriate amendments be made; and WHEREAS, the Planning and Zoning Commission has recommended to the Mayor and City Council that the change made in this ordinance be adopted; and WHEREAS, the appropriate public hearings and notices have been had; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT the Zoning Ordinance No. 79-S-l5, of the City of Schertz, Texas is hereby amended as follows: "ARTICLE XVI HEIGHT AND AREA SPECIAL CONSIDERATIONS Section 4 Special Overlay District FM 3009 4.1 Location: To a depth of 300 feet in any direction along the right-of-way of FM 3009 within the City of Schertz. 4.2 Obiective: To provide a safe through street avoiding excessive traffic signals, congestion and distractions, which includes protecting the natural environment and water shed, in turn providing an attractive development site and entrance to the City. 4.3 Requirements: To achieve the objective of the FM 3009 Special Overlay District, the following additional zoning requirements are established for this location: 1 A. Landscaped Buffer or Scenic Easement: A continuous twenty foot wide landscape buffer or scenic easement will be provided contiguous to the FM 3009 right-of-way. Existing trees, especially the Live Oak trees, will be preserved if at all possible. Trees, as necessary, will be planted to provide an average density of one tree (preferably Live Oak) per twenty feet along FM 3009. The landscaped buffer area shall be modified and graded to blend with the right-of-way planted with clean massing of low maintenance plant material. The grasses used should be clump types and not overly aggressive. Native grasses, such as Nezpar Indian Ricegrass, sand lovegrass, side oats grama, bluegama are recommended with a mixture of wild flower seed. The buffer area shall be designed to provide for drainage detention, controlling the run-off based on a ten year frequency designed in such a manner for storm water flow not to exceed four feet per second velocity. Irrigation of this landscaped buffer is encouraged and maintenance will normally be the responsibility of the owner to the paved surface. No trees or hedges can be planted within ten feet of the paved right-of-way. B. Off-street Parking: Parking will be permitted adjacent to the continuous landscaped buffer area along FM 3009. Off- street parking may encroach 10 feet into the required landscaped buffer areas when the land contours and other conditions permit. However, parking and vehicular use area contiguous to FM 3009 right-of-way shall have land berm walls or hedge to reduce vehicular reflections and distractions onto traffic traveling FM 3009. No parking will be permitted on the FM 3009 right-of-way. All off-street parking spaces must be clearly marked and paved hard ashalt or concrete surface. C. Driveways and access to FM 3009: Access to FM 3009 will be limited to provide for safe traffic flow, and design shall provide interior drives to limit the number of access to this roadway. Contiguous paved safety and fire lanes should be used to limit the amount of access to FM 3009 and be stubbed out to adjoining property to be continued with future development. Interior traffic flows shall have land berm or hedge to reduce vehicular reflections onto traffic traveling FM 3009. Right turn acceleration/deceleration lane or marginal access road shall be required when driveways are closer than 300 feet along FM 3009. Regardless of the spacing of driveways, right turn acceler-ation/deceleration lanes shall be provided at each driveway which has an average daily volume of more than 1,000 vehicles or an average inbound peak hour volume of fifty right turns or more. Access to FM 3009 shall be planned to match existing access or land conditions on the opposite side of FM 3009. All driveways shall be constructed with concrete from the property line to match the FM 3009 pavements, dedicated streets may be asphalt. All driveways shall have a minimum sight distance of 240 feet. Safety and fire lanes shall provide open space to permit verticle vehicular clearance of 13.6 feet. 2 D. Building Setback Line: No building will be permitted within fifty feet of FM 3009 right-of-way which will include signs, banners, pennants or flags of any type except as provided for below. The required 50 foot building setback line may be adjusted, by the Planning and Zoning Commission, when it is determined the requirement is too restrictive or existing structures are already in place. These exceptions, will normally, only be granted in residential developments; however, exception can be granted in certain cases in commercial development. Exception can only be granted when it is shown there is undue hardship or extensive expense due to the contours of the land, drainage or odd shaped lots. Authorized accessory buildings, being placed in rear yards of residential developments abutting FM 3009 right-of-way, must have screens as provided for in Section F. E. Sign Restriction: No signs, banners, pennants or flags of any type, including charitable services or appeals and political service or appeals, shall be erected or maintained in this district except in conformity with the following requirements or other requirements of the Zoning Ordinance of which the most restricting provision shall prevail. No signs shall be permitted to be placed in the right-of-way of FM 3009 except as indicated in item 12 below. 1. Signs visible from the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the product sold or produced thereon. A multi- tenant building sign may be permitted on common pylon sign to support individual tenant identification signs. 3. All signs which are attached to the buildings must be flush-mounted and shall not project above the roof line. 4. Signs painted directly on the exterior surface of a wall shall not be permitted. 5. Special purpose signs and directional and traffic control signs shall be approved by the planning and Zoning Commission prior to their construction. Special purpose s~gn shall be of a low profile type with a height normally not to exceed 5 feet. Special purpose sign may be used to announce an entrance to a major residential or commercial development or project. permission to have a special purpose sign will not normally be granted to a development with less than 200 feet of frontage along the right-of-way of FM 3009. Special purpose sign 3 may be permitted in the center island of the entrance and exit of a development site, but must be placed in such a manner so as not to obstruct the traffic vision and cannot be placed in the FM 3009 right-of-way. 6. Each business is permitted to have one low profile type sign not attached to the building. The sign shall be approved, by the Planning and zoning Commission, prior to construction. Sign shall be a low profile type, normally not to exceed 5 feet, and the maximum allowed size does not exceed 0.40 square feet for every foot of frontage along FM 3009 right-of-way with a maximum size of one hundred square feet allowed. 7. Displaying the flag of the United States of America and the Texas flag is permitted behind the required building set back line. Flag shall not exceed 4 x 6 feet and height of pole cannot exceed twenty five feet. 8. Temporary Development signs, as described elsewhere in the Zoning Ordinance, announcing or describing a legally approved subdivision or land development may be temporarily erected by obtaining approval from the Planning and Zoning Commission. These signs must be located at least ten feet from any driving surface. These signs shall be maintained and kept attractive during their time standing. The Commission will establish the time period the sign will be permitted and cause the removal of said sign as authorized in this district. 9. Temporary sign pertaining to the lease, rental or sale of premise or structure located thereon is permitted when located on such premise or structure. Such sign shall not be lighted and shall not exceed fifteen square feet in area. These signs must be located at least ten feet from any driving surface. These signs shall be maintained and kept attractive during their time standing. The Planning and Zoning Commission can cause the removal of these signs as authorized in this district. 10. No advertising vehicle, trailer, portable sign or bench sign shall be permitted. 11. Banners and pennants may be permitted for a period not to exceed ten (10) days for grand openings. However, prior approval shall be obtained from the Planning and Zoning Commission. 12. Directional signs, commonly referred to as "bandit signs", identifying new or special project shall have prior approval of the Planning and Zoning Commission. Use of these signs shall be restricted to weekends between 3:00 P.M. Friday to 10 :00 A.M Monday and limited to no more than ten signs per event. Signs normally will require spacing every 500 feet with size restricted to 2 x 2 feet. The Commission at the time of approval shall establish the size, location, number, height, 4 spacing and time period for sign to be displayed in this distr ict. These restr ictions also apply to garage/yard sales, political and charitable signs. These signs will not be permitted in areas that might obstruct the traffic vision. Applicant will be responsible for checking with utility companies on the location of under ground utilities. 13. All signs shall be perpetually maintained and present a fresh-looking appearance at all times. F. OUtdoor Storage Screens: No materials, supplies or equipment, including any trucks or trailers, shall be stored or parked in any area in this district. Garbage and refuse containers shall be concealed by means of a screen or placement behind the buildings so that containers cannot be seen from the frontage along the building setback line. Screens and fences shall form a complete opaque screen, be of a minimum height of six (6) feet or the height of the material being screened, whichever is higher. The materials used for screening may be of plants and/or solid fencing compatible with other design elements on the building site. Fence enclosing portions of the property shall be permitted provided they do not encroach on the required building set back lines. Exception to the fence requirement is permitted in residential development when the rear or side yard abuts the FM 3009 right-of-way. All screening materials including fence shall be perpetually maintained and present a fresh looking appearance at all times. All mechanical equipment, utility meters, roof mounted materials and storage tanks shall be screened from view compatible with other design elements. G. Sidewalks: Reinforced concrete sidewalks, four feet wide, shall be required contiguous to FM 3009 along the property line. Exception to this requirement may be approved by Planning and Zoning Commission when it is determined another method of pedestrian circulation along FM 3009 is acceptable. H. Exterior Construction: All buildings shall be of masonry construction or it's equivalent or better; finished with concrete, brick, stone, glass or their equivalent. Developers will establish exterior design standards to be compatible with other surrounding design elements. I. utilities: All utilities will be underground. J. Natural Environment: Live Oak trees eight inches or more in diameter should not be removed from this district. Site plans should provide for these trees, providing island in parking lots and landscaping surrounding structures. K. Land Use: All sales and service activities must take place indoors. Exceptions for the following outside sales and service may be granted by the Planning and Zoning Commission after approval of the site construction plans. 5 1. Drive through banks 2. Fast food 3. Service station 4. Child care center 5. Telephone stands 6. Newspaper stands 7. Nursery sales 8. Restaurant patio 4.4 HQH-CONFORMANCE: Non-conformance with this District will be identified within 180 days after the effective date by the Planning and Zoning Commission and/or the City Building Official. Appropriate action as identified in Article XXV of the Zoning Ordinance will be taken to notify responsible party or parties to repair or remove non-conformance within ninety days. The Commission shall have the authority to grant a time extension normally not to exceed an additional ninety (90) days from the original notification and under no circumstance will a non- conformance be permitted after three years from the effective date of this district. Should the responsible party or parties, after due notification, fail to correct violations of this district; the City shall cause such non-conformance to be corrected. The City shall also file against the property a lien in the amount of the cost of such work. II THAT the penalty for the violation of this ordinance shall be the same as prescribed in Article XXV, Section 2, of the City of Schertz Ordinance No. 79-S-l5. III THAT all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Approved on first reading the~y of ADOPTED the , 1985. Yl1c~ &/~ . 1985. PASSED~ROVED AND C~J day of rtz, Texas ATTEST: ~~~./c ~~-_/- ~City ecretary, City ~~ (SEAL OF CITY) 6