City Council Meeting

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Meeting Date: 12/07/2021  
File Number:  
Date Filed:  
Location: City of DeSoto
Size of Request: N/A  
Number of Lots: N/A  
Current Zoning: N/A
Applicant: City of DeSoto  
Owner: City of DeSoto

Conduct a Public Hearing and consider an Ordinance for Zoning Case Z-1462-21 to amend the Zoning Ordinance; Section 9.5 “Zoning Board of Adjustment, Variances,” Section, 13.2 “Agricultural, Permitted Uses,” Section 14.2 “SF-CE – Single Family Residential District – Country Estate, Permitted Uses,” Section 15.2 “SF-E – Single Family Residential District – Estate, Permitted Uses,” Section 36 “Use Chart,” Section 38 “Off-Street Parking and Loading Requirements,” Section 39 “Landscape Requirements,” Section 41 “Fencing, Walls, and Screening Requirements,” Section 42.1 “Site Plan Review,” and Appendix A-0 “Supplements,” A-1 “Planned Development Districts,” A-2 “Specific Use Permits,” and A-3 “Definitions.”
Previously this year, staff brought several proposed Zoning Ordinance edits forward regarding updates to tobacco and smoking paraphernalia definitions, uses, and sales within the City; changes to public hearing notice requirements; and regulations regarding small-scale retail sales. Additional updates are required to delete antiquated terms, to delete redundancy, and to meet recent changes in State law.
VARIANCES Section 9.5 - House Bill 1475, added another type of hardship for the Zoning Board of Adjustment to consider – the financial cost of complying with the code. Specifically, the bill would allow board members to consider whether:
  • (1) the financial cost of compliance is greater than 50% percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code;
  • (2) compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;
  • (3) compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;
  • (4) compliance would result in the unreasonable encroachment on an adjacent property or easement; or
  • (5) the municipality considers the structure to be a nonconforming structure.
Explanation: The bulleted language above will be added to the Zoning Ordinance based on the adopted House Bill.
  • In all three of these zoning districts, remove the term “servant’s quarters” and change to “guest house.”
Explanation: The term “servant’s quarters” is antiquated and offensive and needs to be removed form the ordinance.
Sections 36 USE CHART.
  • Update “Animal Pound (Public)” to say “Animal Shelter (Public).”
  • Update “Cellular Phone/Pager Sales (Indoor)” to say “Cellular Phone Sales.”
  • Update “Church, Rectory, or Temple” to say “Church or Other Place of Worship.”
  • Update “Studio, Health and Reducing or Similar Service” to say “Studio, Health Club, or Similar Service.”
Explanation: The changes in terms need to be updated in the Use Chart (Sec. 36).
  • Update “Church, Rectory, or Temple” to say “Church or Other Place of Worship.”
  • Update “Studio, Health and Reducing or Similar Service” to say “Studio, Health Club, or Similar Service.”
Explanation: The changes in terms need to be updated in Section 38.
Section 39.6 Minimum Landscaping Requirements for Single Family and Duplex Dwellings.
  • Add “E. Detention/Retention Ponds: All detention ponds shall be screened with a live, continuous screen of evergreen trees and/or shrubs. Landscaping shall be a minimum of two rows of plant materials measuring a minimum of 36-inches at planting such that a dense screen is created that will block the view of the pond and all concrete inlet and outlet structures from the view of motorists on city streets and from adjacent residences.”
Explanation: Currently, there are no adopted detention/retention pond standards for single family and duplex developments.  
  • In item “I” add “/retention” after all three (3) mentions of “detention”.
  • Edit “C” to change “three feet” to “four feet.”
  • Delete “E” All fences require permits.
  • Edit “G” to add “from any public street” to the end of the sentence.
  • Edit “K” to say” “No Chain link fencing shall be allowed in residential areas.”
  • Add the following requirements:
 “L. Fences constructed to and along the property lines shall not obstruct the public right-of-way, or create a hazard to vehicular or pedestrian traffic within the public right-of-way.”
“M. No fence shall be erected in any residentially zoned district which will exceed eight (8) feet in height.”
“N. No fence shall be constructed which will extend further than the front building line of any building on any platted residential lot within the city; except platted lots within the single-family estate district and agriculture district where the fence may be constructed to the front property line. In cases where the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be constructed out to the property line of said side yard. (1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.901; Ordinance 1722-07 adopted 5/1/07).”
“O. Fences constructed to and along the property lines shall not obstruct the public right-of-way, or create a hazard to vehicular or pedestrian traffic within the public right-of-way.”

“P. Fence materials shall be allowed as follows: Wood, masonry, brick, wrought iron, vinyl or other comparable materials. Any wood stockade fence constructed, repaired or replaced shall meet the following standards:
  1. Vertical post shall be composed of standard pipe-gauge with a minimum outside diameter measuring two-and-three-eighths inches (2-3/8") or wall-gauge galvanized steel with an outside diameter measuring two-and-one-half inches (2-1/2") square by one-eighths inch (1/8"). Vertical posts shall be spaced no more than eight feet (8') on center and shall be set a minimum of eighteen inches (18") deep into concrete post footings set at least two feet (2') deep and having a minimum ten-inch (10") diameter.
  2. Vertical slats shall be nailed to three (3) horizontal bracing stringers (bottom, middle, and top nailer boards) running from vertical post to post. The stringers shall be no less than two inches (2") by three inches (3") and shall be bolted to steel posts with noncorrosive metal anchor straps and one-fourth-inch (1/4") noncorrosive bolts or screws.
  3. All nails or fasteners shall be composed of nonrusting, noncorrosive metal such as hot dipped galvanized steel. All nails or fasteners shall be of the type (such as screw shank, ring shank, or divergent point staples) that when properly driven, will not work free due to wind vibration or shrinkage of members.
  4. All materials shall be securely fastened to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay.
  5. Unless a two-inch (2") by six-inch (6") kick board is used to cover the gap between the bottom of pickets and the ground, the bottom of the fence shall be designed to prevent ground to wood contact. This can be achieved by pouring a concrete strip between the fence supports or by raising the pickets to provide a minimum of three inches (3") between the bottom of the pickets and the ground. If the fence is a pool/spa barrier, the ground-to-fence separation shall not exceed four inches (4").
  6. Posts and rails must be placed on the inside of the fence.”
“Q. Permits.  
  1. No fence shall be constructed, altered or maintained on any lot, block, or tract of land within the city without first obtaining a permit from the building official if the value of said construction will exceed twenty-five dollars ($25.00), including labor and materials.
  2. Any person may obtain a permit by applying to the building official and payment of a fee as prescribed in the fee schedule found in the appendix of this code and showing that the construction does not violate any of the ordinances of the city.
  3. Appeals.  The Board of Adjustment of the City of DeSoto is hereby designated as the appeal body to hear any appeal for variances or exceptions, other than encroachments within the public right-of-way, from the strict application of the terms of this section.”
“R. Maintenance.
  1. All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times.
  2. Any portion of a fence shall not be allowed to lean so that the fence's axis is more than ten (10) degrees out of perpendicular alignment with its base.
  3. Any and all broken, loose, damaged, insect damaged, or missing parts (i.e. slats, post, wood rails, bricks, panels) shall be replaced or repaired with comparable materials of comparable color to the remaining portion of such fence repaired. Fences enclosing swimming pools or spas must be repaired immediately.
  4. Repairs of any nature shall be made with materials of comparable composition, color, size, shape, and quality of the original fence to which the repair is being made. Products manufactured for other uses such as plywood, corrugated steel, or fiberglass panels are prohibited as fencing materials. Nothing herein shall be construed so as to prohibit the complete removal of a fence, unless such fence encloses a swimming pool, spa or is otherwise required.
  5. Graffiti shall be removed immediately.
  6. Fences shall be maintained by the owner or person in charge of the property in as near as possible to the condition of the fence when installed and accepted as provided by this article.
  7. The owner or person in charge of the property shall be responsible for the repair and maintenance of the fence. (1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.901)”
Explanation: Currently, fencing and screening requirements are located in two (2) different ordinances; the Zoning Ordinance (Sec. 41) and the City Ordinance (Sec. 3.901); therefore, staff has combined and updated the fencing and screening requirements into a single section for clarify and to prevent inaccuracies.
  • Update “D”
“D. Site plan details - The site plan shall include the information listed below on one, dimensioned, engineer-scaled drawing to fit a sheet size 24” x 36”. The drawing shall include existing and proposed site conditions and improvements, as follows:
  1. Site boundaries and dimensions, lot lines, site acreage and square footage, and approximate distance to the nearest cross street.
  2. Location map, north arrow, scale, title block, and site data summary table
  3. Topography of five-foot contours or less, referenced to sea level datum.
  4. Land use onsite and on adjacent properties, including property owner information.
  5. Building locations and footprints, including dimensions, size, coverage, height, building lines and setbacks, and use.
  6. Finished floor elevation of structures referenced to sea level datum.
  7. Public streets, private drives, and fire lanes with pavement widths, rights-of-way, median openings, turn lanes (including storage and transition space), and driveways (including those on adjacent property) with dimensions, radii, and surface type.
  8. Parking areas and structures, including the number and layout of standard spaces, handicap spaces, the location of ramps, crosswalks, and loading areas with typical dimensions and surface type.
  9. Access easements and offsite parking. 
  10. Dumpster and trash compactor locations and screening.
  11. Proposed dedications and reservations of land for public use including, but not limited to, rights-of-way, easements, park land, open space, drainage ways, floodplains, and facility sites.
  12. Screening walls, fences, living screens, retaining walls, headlight screens, and service area screens, including height and type of construction and/or planting specification. xiv. Landscaping and open space areas with dimensions and total square footage (separate landscape plans required).
  13. The locations of the site intended for stormwater quality areas shall be delineated.
  14. Additional requirements for site plan approval, may include:
    1. Grading
    2. Building elevations
    3. Other engineering studies or plans as deemed required for complete review.”
Explanation: Update the Site Plan section to reflect our current requirements.

Staff proposes to delete Sec. A -0 SUPPLEMENTS, as it lists past supplements made to the Zoning Ordinance, but has not been updated since 1999.
Staff proposes to delete both Sections A-1 PLANNED DEVELOPMENT DISTRICTS and A-2 SPECIFIC USE PERMITS. Both sections merely state all the Planned Developments (PD) and Specific Use Permits (SUP) that have historically been approved, and neither list is updated on a regular basis, neither has been updated since 2011, which makes it inaccurate. Staff keeps a list of both as a reference and feels this is adequate.  
  • Update “Animal Pound (Public)” to say “Animal Shelter (Public).”
  • Update “Cellular Phone/Pager Sales (Indoor)” to say “Cellular Phone Sales.”
  • Update “Church, Rectory, or Temple” to say “Church or Other Place of Worship.”
  • Update “Studio, Health and Reducing or Similar Service” to say “Studio, Health Club, or Similar Service.”
  • Update “Servant’s Quarters or Guest House” to say “Guest House” and delete “such as a maid, yard man, chauffer, cook, or gardener.
Explanation: Many of the existing definitions include antiquated and/or offensive terminology.
Staff posted and published “Notice of Public Hearing” as required by law.
STAFF RECOMMENDATION: Staff recommends approval of the proposed revisions, taking into account any proposed revisions suggested by the Planning and Zoning Commission and incorporated by the City Council.

PLANNING AND ZONING COMMISSION RECOMMENDATION: Unanimously recommended approval as presented. 
Zoning Ordinance


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