Development Services Department Fate, TX

Transcription

1 Development Services Department Fate, TX P&Z Memorandum To: Honorable Chairman Stacy and Members of the Fate P&Z Commission Cc: Michael Kovacs, City Manager; Justin Weiss, Assistant City Manager; Victoria Raduechel, City Secretary; Jessica Larson, Deputy City Secretary; Brenda McDonald, City Attorney From: Will Rugeley, Director of Planning & Development Services Date: 19 October 2017 Agenda Item: Discuss, consider, and take any necessary action regarding Amendments to the Unified Development Ordinance, Article IV Use and Article XII Definitions, establishing and defining a new use to be entitled Mixed Use, Vertical and designating zoning districts in which Mixed Use, Vertical may be authorized. (a) Staff report and presentation; (b) Hearing; (c) Discuss, consider, and take any necessary action. Staff Recommendation: Approve. Options: Approve; Approve subject to conditions; Deny; or Table for further review. Overview & Background: At the last P&Z meeting Commissioner Hebert brought to my attention his opinion that the Old Town Core zoning district did not authorize vertical mixed use development. After reviewing the UDO with both the UDO consultant and the City Attorney it was realized that Commissioner Hebert was spoton in his interpretation. The UDO s omission of vertical mixed use presents a significant issue in that the City has entered into a development agreement for a property within the downtown area which is planned for ground floor retail/office/restaurant with apartments on the floors above. It s important to note that one of the primary emphasis areas of the UDO was to authorize vertical mixed uses in all commercial districts and its omission was simply an oversight error that falls entirely on me. This proposed UDO amendment is therefore intended to make permissible vertical mixed uses in accordance with both the downtown development agreement and so that it is, as originally intended, included within all commercial districts. In order to accomplish the amendment, two steps are necessary (1) amend the table of allowable uses to include a new use entitled, Mixed Use, Vertical and (2) define Mixed Use, Vertical. Provided below is the proposed definition note that the uses authorized by Mixed Use, Vertical are those uses permitted by the zoning district in which Mixed Use, Vertical is located: The development of a tract of land, building, or structure in a compact urban form with a residential use on the floor(s) above a non-residential use except that a maximum of twenty (20) percent of the ground floor area may be used for residential purposes. Residential uses located on the ground floor shall not front onto a public street unless the public street serves only residential uses. Non-residential uses shall be located on the ground floor and shall be as permitted by the applicable zoning district from the land use categories listed in Article IV, Use, except for land uses in the Parks and Recreation Facilities, Animal Related Services, Other Commercial Uses, and Utilities use categories. Financial Considerations: As we ve seen in our financial analysis of plats, higher density developments have a significantly greater private-to-public investment ratio and thus are considerably better suited to achieve fiscal productivity. Regulating Documents: N/A. Supporting Documents (enclosed): Exhibit A1. Ordinance Amending UDO Articles IV and XII.

2 ORDINANCE NO. O- AN ORDINANCE OF THE CITY OF FATE, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 36, UNIFIED DEVELOPMENT ORDINANCE, ARTICLE IV, USE STANDARDS, ESTABLISHING A NEW USE TO BE ENTITLED MIXED USE, VERTICAL, AND AMENDING ARTICLE XII, DEFINITIONS, ESTABLISHING A DEFINITION FOR MIXED USE, VERTICAL ; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fate ( the City Council ) has the authority and power to adopt and amend ordinances that regulate the use and development of land within the City s incorporated limits; and WHEREAS, the Planning and Zoning Commission, in compliance with the laws of the State of Texas and the ordinances of the City of Fate, having given notice as required by law, and after holding a public hearing, recommends that the City Council approve and adopt the enclosed amendments to the Unified Development Ordinance; and WHEREAS, after receiving the final report of the Planning and Zoning Commission, the City Council held a public hearing on the enclosed amendments to the Unified Development Ordinance, for which notice was given as required by law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FATE, TEXAS, THAT: Section 1. That Chapter 36, Unified Development Ordinance, Article IV Use, Section 4.1.5, Table of Allowable Uses, of the City of Fate, Code of Ordinances be and the same is hereby amended to hereinafter read as follows: Ordinance No. O- (UDO Amendment, MU, Vertical) Page 1

3 4.1.5 Table of Allowable Uses Special Household Living Group Living Civic and Cultural Facilities Residential Uses Dwelling, single-family detached Dwelling, townhouse (SF (1) * * * * attached or multi-family) Dwelling, live/work * * (2) Dwelling, multi-family ( (3) * * * * DU/lot or fewer) Dwelling, multi-family (more (3) * * than 4 DU/lot) Mixed Use, Vertical HUD-Code manufactured home Industrialized Housing Assisted living facility ( 6 residents) Assisted living facility ( 7 residents) Community, group or foster home Independent senior living (4) * * * * facility Nursing home Art gallery, museum, or special purpose recreational institution Civic, social, philanthropic, or fraternal organizations Labor or political organizations and Institutional Uses Ordinance No. O- (UDO Amendment, MU, Vertical) Page 2

4 Parks and Recreation Facilities Health and Human Services and other government functions Educational service establishments (public and private) Special Business or professional organizations Religious Assembly and * Institutions Community Garden Farmers Market Park or playground Nature preserve Recreation Center Clinics and labs Nursing and other rehabilitative services Hospital Social assistance and welfare services Funeral homes and services (with or without cremation services) Cemetery Legislative and executive functions Courts (local, state, and federal) Correctional institutions safety facility Other government functions Child day care Nursery and pre-school Elementary and Middle Schools Senior and High Schools Colleges and Universities (1) Ordinance No. O- (UDO Amendment, MU, Vertical) Page 3

5 Special Technical, trade, and specialty schools Agricultural Uses Animal production and ranching Animal related services Auto-related sales and service Crop production Commercial Uses Support functions for agriculture Greenhouse, nursery, floriculture Cattle ranches Sheep and goat farming Livestock Fish hatcheries, aquaculture Apiculture Horse and equine farming Veterinary clinic (1) Kennels, commercial (2) Stables, commercial Pet and animal-related sales (3) and services (including grooming and care) Any animal related service with outdoor pens or runs Motor vehicle sales, new Motor vehicle sales, used Large vehicle sales & service Specialty vehicle sales, new Specialty vehicle sales, used Auto repair and service, (4) * * * minor Auto repair and service, major (5) Ordinance No. O- (UDO Amendment, MU, Vertical) Page 4

6 Special Car and truck wash (6) Auto-related parts and (7) accessory sales Gasoline sales pumps (8) Furniture and home furnishings Building materials, Home and Garden Centers Swimming pool, spa, and accessory sales and service Department store, superstore, or warehouse club Retail Sales Electronics and appliances Durable consumer goods sales (computers, clothing, art supplies, florist, shoes, jewelry, etc.) Grocery store or supermarket (includes beer and wine sales as accessory use) Convenience store (includes beer and wine sales as accessory use) Beer and wine sales (as primary use) Pharmacy or drug store Cosmetics and beauty supplies Firearm sales Pawn shop Ordinance No. O- (UDO Amendment, MU, Vertical) Page 5

7 Special Financial and Real Estate Services Rental and Leasing Food and Beverage Services Used goods sales Specialty retail and (9) paraphernalia sales Any retail sales use with (10) * outdoor storage Any retail sales use with gasoline sale pumps * Any retail sales use with drive-thru facilities * (11) Banks, investment, or financial institution (without drive thru service) Banks, investment, or (11) financial institution (with * * drive thru service) Alternative Finance institution * * (12) Real estate services Property management services Car rental (13) RV, trailers, and truck rental Recreational and consumer goods rental Commercial and industrial machinery leasing and rental Video, music, or software rental Full-service restaurant Café or self-service restaurant Restaurant with take-out or delivery only Ordinance No. O- (UDO Amendment, MU, Vertical) Page 6

8 Lodging Facilities Snack, coffee, juice, ice cream, or specialty food sales Special Catering service Bar or drinking establishment Any food and beverage establishment with drive-thru * * facility Any food and beverage establishment with outdoor or sidewalk service Bed and breakfast establishment Limited Service Hotels/Motels (11) (14) (15) Business, Professional, and Technical Services Full-service hotels Residence Hotels Trailer Camp/RV Park Offices for business, (16) professional, or technical services Offices for administrative (17) services Services related to buildings (janitorial, landscaping, cleaning, etc.) Medical and dental offices General personal service (except those listed below) Ordinance No. O- (UDO Amendment, MU, Vertical) Page 7

9 Special Personal Services Recreation and Entertainment Uses (Indoor) Recreation and Entertainment Uses (Outdoor) Other Commercial Uses Bail bond service Massage therapy Tattoo parlor or piercing studio Banquet or meeting facility Fitness club, gym, or sports club Games arcade Skating rink (ice, roller skating, etc.) Bowling, billiards, pool, bingo, etc. Shooting club * Theater (movie, music, drama, or dance) Outdoor Amusement establishment Marina or yachting club Golf course Country club Shooting club Miniature golf establishment Surface parking lots * (18) Structured parking * * * * (19) Sexually oriented business * (20) Industrial Uses Food and beverage processing Microbrewery, micro (21) * * * distillery, winery Paper and printing materials * Ordinance No. O- (UDO Amendment, MU, Vertical) Page 8

10 Special Manufacturing Uses Warehouse and storage Constructionrelated businesses Transportationrelated uses Furniture and related products Machinery, appliance, electrical equipment, electronics, and components Transportation equipment and automobiles Miscellaneous manufacturing (jewelry, toys, games, office supplies, custom crafts, etc.) Cold storage plant (22) Distribution center or (22) warehouse Self-storage or mini storage (22) Machinery related Contractors yards and storage Specialty trade contractors Asphalt or concrete batch plant Air transportation related uses Rail transportation related uses Other local, regional, intercity transportation uses (public and commercial) Taxi and limousine service Ordinance No. O- (UDO Amendment, MU, Vertical) Page 9

11 Special Utilities and Utility Services Courier, messenger, and postal services Truck and freight transportation services Utility lines, towers or metering/pumping station Sewer, solid waste, recycling, and related services Natural gas, petroleum, fuel related services Electric utility services (includes generating plants and substations) Telecommunications (23,24) equipment and facilities * * * * * * * * * * * * * * * * * (building mounted) * Telecommunications towers (23,25) All other utility related uses (other than listed) Ordinance No. O- (UDO Amendment, MU, Vertical) Page 10

12 Section 2. That Chapter 36, Unified Development Ordinance, Article XII Definitions, Section , Residential Uses, Subsection A, Household Living, of the City of Fate, Code of Ordinances be and the same is hereby amended to hereinafter read as follows: Section RESIDENTIAL USES A. Household Living This use category is characterized by residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than 30 days is classified under the Lodging Facilities category). Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants vehicles. Uses types under this category include: 1. Dwelling, Single-Family Detached A detached dwelling having accommodations for and occupied by only one Family, and that is not attached to any other dwelling by any means, and is surrounding by open space or yards. This definition does not include mobile homes or manufactured homes. 2. Dwelling, Townhouse (SF-Attached) A building that has two or more single-family dwelling units erected in a row as a single building on adjoining lots, each unit being separated from the adjoining unit(s) by a fire wall along the dividing lot line, and each such building being separated from any other building by space on all sides. Each unit is intended to be occupied by only one Family. Each individual townhouse unit has individual front and rear access to the outside. Townhouse units are typically surrounded by common areas owned and maintained by a property owners association. 3. Dwelling, Townhouse (Multi-family) A building that has at least two but no more than four individual dwelling units on a single lot. Each unit may or may not be separated by a fire wall and shall meet the standards for fire separation between units applicable to a multi-family building. Each individual townhouse unit has individual front and rear access to the outside. This category is distinguished from the Dwelling, multi-family definition by allowing dwelling units to be located side by side and not one over another. 4. Dwelling, Duplex A detached house consisting of two single-family units on a single lot designed for and occupied exclusively as the residence of not more than two families, each living as an independent housekeeping unit in one of the two units. Ordinance No. O- (UDO Amendment, MU, Vertical) Page 11

13 5. Dwelling, Live/Work A structure or portion of a structure: (1) that combines a work activity with a residential living area; (2) where the work component is limited to the uses of professional offices, artists workshops, studios, or other similar uses and is located on the street level and may be constructed either as separate units or as a single unit; and (3) where the live component may be located on the street level behind the work component or any other level of the building. Live/work is distinguished from a home occupation otherwise defined herein in that the work use is not required to be incidental to the dwelling unit and customers may be served on site. 6. Dwelling, Multi-Family (4 DU/lot or fewer) A dwelling or group of dwellings on one lot containing separate living units for at least two and no greater than four or more Families, but which may have joint services or facilities. This category shall include duplexes, triplexes, and quad-plexes. This category is distinguished from the Dwelling, Townhome multi-family definition by allowing dwelling units to be located on different floors of the same building. 7. Dwelling, Multi-Family (More than 4 DU/lot) A dwelling or group of dwellings on one lot containing separate living units for more than four Families, but which may have joint services or facilities. 8. Mixed Use, Vertical The development of a tract of land, building, or structure in a compact urban form with a residential use on the floor(s) above a nonresidential use except that a maximum of twenty (20) percent of the ground floor area may be used for residential purposes. Residential uses located on the ground floor shall not front onto a public street unless the public street serves only residential uses. Non-residential uses shall be located on the ground floor and shall be as permitted by the applicable zoning district from the land use categories listed in Article IV, Use, except for land uses in the Parks and Recreation Facilities, Animal Related Services, Other Commercial Uses, and Utilities use categories. 9. HUD-Code Manufactured Home A structure defined by and subject to the requirements of the Texas Manufactured Housing Act, as amended. This definition includes the terms manufactured home and manufactured housing. B. Group Living. Ordinance No. O- (UDO Amendment, MU, Vertical) Page 12

14 Section 3. Savings Clause. All rights and remedies of the City of Fate, Texas, are expressly saved as to any and all violations of the provisions of the Ordinance or any other ordinance which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 4. Cumulative/Repealer Clause. This Ordinance shall be cumulative of all provisions of state or federal law and other ordinances of the City of Fate, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 5. Severability Clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6. Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Fate, Texas, on this the day of, ATTEST: Lorne Megyesi, Mayor Victoria Raduechel, TRMC, City Secretary APPROVED AS TO FORM: Brenda N. McDonald, City Attorney Ordinance No. O- (UDO Amendment, MU, Vertical) Page 13