The development of State Highway 289 and the changes and improvements of Highways FM 120 and Spur 316 offer significant economic opportunities for the Pottsboro area and its citizens. These highways provide easy access within the city, to nearby communities, Lake Texoma, and to other U.S. Highway systems.
It is important that the development along our highway systems be controlled through careful planning to have the greatest positive impact for our city. The intent of a developmental plan is to ensure that any new highway development or improvement on existing highways occurs in a manner that promotes safety while providing an attractive appearance compatible and consistent with design guidelines.
(Ordinance 1249 adopted 9/7/10)
The Planned Highway Development areas are those areas designated by ordinance as such and listed as follows:
State Highway 289: Begins at the south city limits and traverses north to Reeves Road. The Overlay District will include property abutting on the highway right-of-way and that area within 500 feet of the right-of-way, and any connecting or intersecting streets.
FM 120: Begins at the east city limits and traverses west to Guilloud Circle.
Spur 316: Begins at the intersection of FM 120 and Spur 316 and traverses north to the intersection of SH 289 and Spur 316.
Both Overlay Districts for FM 120 and Spur 316 will include the property abutting on the highway right-of-way and that area within 300 feet of the right-of-way, and any connecting or intersecting streets.
The boundaries of the three Planned Highway Development Districts shall be mapped on a land use plan showing those areas where the standards apply.
(Ordinance 1249 adopted 9/7/10)
All property within the boundaries of the Planned Highway Development District shall adhere to the Overlay District standards. Also, upon request for information regarding improvements within the designated Planned Highway Development District, the applicant will receive a copy of the standards and counseling as to their applicability and review process.
All improvements and development shall be subject to a site plan review by the Planning and Zoning Commission for improvements made to properties within the boundaries of the Planned Highway Development District. The Planning and Zoning Commission shall review all the plans for compliance with the development standards and determine if they are to be approved or rejected as submitted.
(Ordinance 1249 adopted 9/7/10)
The particular use of land in a specific location affects the design and specific development of land uses. Sometimes the use of land can be incompatible or even offensive to its neighbors and the city as a whole. However, if properly designed, that same use can be an attractive and welcomed activity. For this reason the design and development is the focus of the Planned Highway Development District.
Planned Highway Development Districts (Overlay Districts) will provide for the combination and mixing of land uses into integral units such as light industrial parks, industrial office and commercial centers, service centers, shopping centers, or any combination of uses which may be planned and developed. The adoption of these Overlay Districts for State Highway 289, FM 120 and the Spur 316 will maintain the regulation of the design and specific development of land uses, their appearance, the impacts they generate, and how the site on which they are located functions with regard to circulation, parking, ingress/egress, and adjacent activities. The following design elements are addressed by these standards and will make the city a more desirable place to live and conduct business.
A. 
Building Design - Nonresidential.
Design standards for nonresidential buildings shall ensure that the design, color, materials and size of the structures within the Planned Highway Development district are harmonious with and compliment the character and design of existing buildings.
B. 
Building Placement - Nonresidential.
Visual continuity and compatibility shall be achieved through the appropriate placement of building and related site features, such as parking and loading areas.
C. 
Landscaping.
Landscaping standards can provide a flexible framework of planning for green areas that not only enhance and safeguard property values, but also assist in erosion control, noise abatement, glare and reflection control. It can also provide a buffer between different types of land use.
D. 
Screening.
Required screening will provide visual screening of the site, noise attenuation, as well as a barrier to vehicle traffic between nonresidential and residential uses. It will also provide a psychological separation between the land uses which encourage the peace and repose of residents. To help achieve these goals, landscaping will be used to break up the view, and enhance the appearance of the screening devices.
E. 
Glare and Illumination.
Site lighting is used to not only provide safety and security, but to help enhance the architectural and natural features of the site. Glare and illumination standards will ensure that the lighting mechanisms do not negatively impact the appearance of the site and will ensure that light is contained to the extent that adjacent uses are not detrimentally affected.
F. 
Utilities.
Utilities serving the Planned Highway Development District shall be placed underground, except where overhead lines are approved or required.
G. 
Signs.
Sign standards shall promote effective and efficient communication in a manner which does not visually detract from building, vistas and other site features in the area.
(Ordinance 1249 adopted 9/7/10)
General Provisions: All nonresidential building shall be designed by an architect or engineer registered in the State of Texas and shall comply with the Zoning Ordinance, Building Code and related construction codes of the City of Pottsboro, Texas.
Exterior Walls: The standards for exterior walls of all new buildings (excluding doors and windows) shall be finished in no more than two basic materials, in addition to glass, on any single building. Such materials will be permitted by the Planning and Zoning Commission when such materials are determined to be of high quality and consistent with the intent of these standards, and include:
(1) 
Brick, stone, cast stone, rock, marble and granite.
(2) 
Architectural glass with less than 27% reflectance. A maximum of 25% of a building façade may be constructed in architectural glass.
(3) 
Split face concrete block, poured-in-place concrete, and tilt-wall concrete. Concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs, or other similar surface characteristics and adornments to enhance the façade on at least 10% of each façade.
(4) 
Metal; however, 100% of the front and a minimum of 25% of the sides must be faced with one or more of the products in item (1) above.
(5) 
Accent Materials - In addition, the following accent materials may be allowed up to 10% of a façade, excluding all windows, doors, and glass construction materials:
(a) 
Glass block,
(b) 
Tile, and
(c) 
Concrete board, such as hardy plank or other similar material, properly installed.
(6) 
Side and rear facades - Shall be finished in a similar color and texture as the main front façade of the building.
Roofs: Roofline variations are required to reduce the visual scale of buildings, and to create visual interest. The roofs of nonresidential buildings shall include at least two of the following elements:
(1)
Parapet walls that conceal flat roofs and rooftop equipment from eye level public view at adjacent public streets. Parapet walls shall vary in height, and will include architectural detailing, cornices, moldings, trims, variations in brick coursing, and other similar detailing.
(2)
Overhanging eaves, extending no less than 3 feet past the supporting walls.
(3)
Two or more roof slope planes.
(4)
Sloping roofs that do not exceed the average height of the supporting walls, and that have an average slope of at least 8 in 12. Sloped roofs shall be finished with standing seam metal, corrugated metal, tile, or 30-year or better composite shingle.
Color:
(1)
All nonresidential building shall comply with the standards in this section.
(2)
Exterior colors shall be low reflectance, subtle, neutral or earth tone colors.
(3)
The use of high intensity, primary, black, or fluorescent colors is prohibited, except as trim or accent areas. Where used as trim or accents, those colors shall not exceed 10% of any single façade, excluding all windows, doors and glass construction materials.
Windows:
Highly reflective glass (exterior reflection of 27% or greater, visible reflections is the percentage of available visible light energy reflected away from the exterior surface of the glass) may not be used as an exterior building material on any building or structure to prevent the blinding of motorists.
Windows and window walls shall not be glazed or re-glazed with mirrored glass except upon approval of the Planning and Zoning Commission.
The Planning and Zoning Commission will consider orientation of the structure relative to streets and right angles when approving the use of mirrored glass.
(Ordinance 1159 adopted 4/3/07)
The following uses shall be considered appropriate for location within the Planned Highway Development District:
Offices, corporate offices, and office parks
Hotel uses
Highway business uses
Business parks
Restaurant and entertainment uses
Retail uses
Banking establishments
Office/showroom uses
Medical facilities and related uses
Institutional campus
High quality cultural facilities
New Motor vehicle, boat and motorcycle dealerships
A. 
Setbacks from property line adjacent to streets -
no structure of any kind or any part thereof shall be placed within the following setback lines, except with approval by variance where parcels are of an irregular shape such that development in accordance with the setback guidelines are not feasible:
(1) 
Twenty five (25) feet from the highway right-of-way including service road right-of-way;
(2) 
Twenty five (25) feet from right-of-way of all other streets intersecting with the highway.
B. 
Setbacks from property lines not adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines:
(1) 
Minimum of ten (10) feet from rear and five (5) feet from the side property lines; or minimum 10 feet with additional screening, as approved by the Planning and Zoning Commission.
(2) 
Minimum of twenty-five (25) feet abutting residential zoned districts for single story buildings not exceeding 30 feet in height.
(3) 
All other buildings shall be set back from residential district lines not less than twice the height of the highest point on the building above grade. No setback shall be required in excess of one hundred (100) feet.
C. 
Loading docks.
Loading docks and service bays shall not be located on the highway side of any building.
(1) 
Loading docks and loading areas shall not be located within any required setback or landscape buffer strip, except as part of a common loading area designed to serve more than one building, as approved by the Planning and Zoning Commission.
(2) 
Where a loading dock and loading area is located adjacent to a residential zoned district, the dock shall be enclosed on three sides.
D. 
Parking areas.
Parking area regulations shall comply with existing Ordinances of the city with the following added requirements:
(1) 
All parking areas, lots and approaches shall be paved with asphalt or concrete, and shall have curb and gutter. Curb and gutter may be used as part of the required stormwater drainage detention if approved in the stormwater drainage plan and calculations. All parking plans shall indicate diagonal or head-in parking spaces and be approved by the Planning and Zoning Commission. Parking aisles shall be 24' wide. Parking aisles designated as fire lanes by the Fire Marshall shall be marked as required by Fire Department Regulations.
(2) 
Four foot (4') sidewalks with handicap accessible curb ramps shall be provided for compliance with State of Texas ADA regulations.
(Ordinance 1159 adopted 4/3/07)
A. 
Landscaping Definition.
Landscaping shall be defined for the purpose of these requirements as plant material, including but not limited to grass, trees, shrubs, flowers, vines and other ground covers, natural land forms, water forms, planters, walks and plaza areas.
B. 
Site Definition.
Site shall be defined for the purposes of these guidelines as any plot, tract or parcel of land or combination of contiguous lots, tracts, or parcels of land which is developed or intended for development according to an overall site plan. A “site” shall be exclusive of any land dedicated for public use through the platting process.
C. 
Compliance
(1) 
Any required landscaping shall be complete prior to the issuance of the certificate of occupancy, or within ninety (90) days of the date of the certificate of occupancy with the approval of the building official and satisfactory financial assurance that the landscaping will be completed.
(2) 
Every site located between the structure and the highway right-of-way used for a parking area shall include a buffer strip, landscaped and curbed, being a minimum of five (5) feet in depth.
(3) 
All landscaping shall be installed so as to avoid hazards.
D. 
Standards
The landscaping standards promote a flexible framework of planting and green areas that enhance and safeguard property values while aiding in erosion control, noise abatement, glare and reflection control, buffering between land uses of different character and atmospheric purification.
(Ordinance 1159 adopted 4/3/07)
A. 
Screening of nonresidential uses from residential uses:
(1) 
Side yards, rear yards and service sides of nonresidential uses abutting residential uses shall be screened.
(2) 
Refuse containers shall be screened from public view on (3) sides.
(3) 
Screening heights shall be a minimum of six (6) feet above the grade at the property line of abutting residential uses.
In cases of extreme height differential, the following guidelines apply:
(a) 
Adjust screening height requirements or alter material requirement (e.g. including, but not limited to, the use of canopy forming trees where nonresidential use is at a much lower grade than the residential use.)
(b) 
All landscaping shall be installed so as to avoid hazards.
B. 
Material and methods.
(1) 
Masonry wall shall be defined as an exterior wall consisting of brick, stone, cast stone, rock, marble, granite or the built-up panels of these materials designed for exterior use.
(2) 
Earthen berms shall have a maximum side slope of 3:1 and shall be entirely vegetated with turf or groundcover.
(3) 
Evergreen shrubs of sufficient height when used alone or in conjunction with other material meet the minimum height requirements of this section.
(4) 
Privacy fences shall consist of solid wood or solid masonry fence material.
(5) 
To meet requirements of this section, the developer may use a combination of any two (2) materials allowed in this section to meet minimum height requirements.
(Ordinance 1159 adopted 4/3/07)
A. 
Parking area lighting
(1) 
Standards, poles and fixtures shall be of a single color, compatible with the architecture of the building.
(2) 
All lighting fixtures shall be restricted to down-lighting or cut-off type.
(3) 
Low pressure sodium lighting or lighting of a similar color shall not be used.
(4) 
Down lighting or security lighting shall not interfere with driver visibility.
B. 
Walkway lighting
(1) 
Standard, pole, bollard and wall-mounted fixtures shall be allowed and shall be limited to a maximum height of 12 feet.
C. 
Accent lighting
(1) 
Up-lighting shall be concealed or otherwise positioned in such a manner that the light source cannot be seen from any property line of the site on which the light is located.
(2) 
Floodlighting or spotlighting of architecture, graphics or natural features shall not create spoilage [spillage] of light onto adjacent properties.
D. 
Temporary lighting
(1) 
Temporary lighting will be approved by the Planning and Zoning Commission by special permit only.
(Ordinance 1159 adopted 4/3/07)
For the purpose of interpreting these standards, the following definitions shall apply:
A.
Feeder Line shall mean any line, wire or cable which distributes, transmits or delivers a utility service to a general area and not to a specific end user.
B.
Lateral Line shall mean any line, wire or cable used to distribute, transmit or deliver a utility service from a feeder line or two (2) or more sites or end users of the utility service.
C.
Service Line shall mean any lines, wire or cable used to distribute, transmit or deliver a utility service from a feeder or lateral line to an end user.
D.
Transmission Line shall mean any line, wire or cable which distributes, transmits or delivers a utility service from a substation or generating plant to a feeder system.
17A.10.001 
Placement Requirements
A. 
Except as provided in the following, all utilities within the Planned Highway Development boundaries, which are within three hundred (300) feet of the highway right-of-way, shall be placed underground.
B. 
Transmission lines may be placed overhead no matter where they are located.
C. 
Location of feeder lines may be overhead, subject to the approval of such location by the Planning and Zoning Commission. Feeder lines which cross the highway may be placed overhead, provided that they cross at plus or minus ten (10) degrees perpendicular to the centerline of the highway and that crossings are made at locations shown on an approved site plan.
D. 
The Planning and Zoning Commission may, through the standard review process, approve overhead placement of lateral lines, if it can be demonstrated that placement underground would be an undue financial hardship and that measures will be taken to minimize the visual impact of overhead utilities.
Such measures shall include:
(1) 
Construction alternatives[.]
(2) 
Coordination and sharing of facilities and easements among all utilities with overhead lines.
(3) 
Placement of overhead lines behind structures in alleys and easements rather than in the highway right-of-way.
E. 
Auxiliary equipment for underground utility service, such as transformers, connection enclosures, switching devices and amplifiers, may be pad-mounted on grade or placed underground.
17A.10.002 
Additional requirements
A. 
All electrical distribution service lines shall be placed underground.
B. 
All utility companies and city departments which provide utility service within the Planned Highway Development District shall share facilities and easements where possible to minimize the visual impact of overhead utilities.
C. 
Any utility lines in place prior to the effective date of the ordinance from which this section was derived, which are contrary to same, are nonresidential conforming. However, relocation or substantial improvement of existing utility lines shall occur in accordance with the standards set forth herein. Substantial improvement shall mean any improvement which results in an increase in the capacity of existing lines, such as the addition of lines or upgrading the size of lines.
D. 
The owner/developer is responsible for all costs involved in the location of utilities underground.
E. 
The utility companies shall coordinate with the Planning and Zoning Commission on all site plans submitted.
(Ordinance 1159 adopted 4/3/07)
A. 
Off-premises signs:
(1) 
Shall not be located within 1500 feet of any public park[.]
(2) 
Setbacks from property lines adjacent to the Planned Highway Development Districts shall be a minimum of 25 feet.
(3) 
The maximum height of an off-premises sign shall be 35 feet whether measured from the principal travel lanes of the Planned Highway District, its frontage roads or the ground, whichever allows the greater height.
(4) 
The maximum effective signage area of off-premises signs fronting the Planned Highway District is 300 square feet.
(5) 
Off-premises signs shall not be closer than 1,500 square feet apart on the same side.
(6) 
No off-premises signs located within the Planned Highway Development District shall be located closer than 300 feet to any residential structure within the District.
(7) 
All off-premises signs are required to be steel monopole of sufficient size constructed to meet the engineer’s design specifications for said sign.
(8) 
All off-premises signs shall conform to TXDOT regulations if applicable.
(9) 
All off-premises signage will conform to City code and the Planning & Zoning Commission may review signage for conformity to regulations.
(Ordinance 1159 adopted 4/3/07)
A. 
The Planning and Zoning Commission shall review the specific elements site and building plans for development within the Planned Highway Development District for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
B. 
The Planning and Zoning Commission shall review all exceptions and requests for variances to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the requested exception or variation.
C. 
If the Planning and Zoning Commission denies any site plan, the same application may not be filed for six (6) months from the date of such denial.
D. 
Any applicant aggrieved by a decision of the Planning and Zoning Commission may appeal to the committee’s action to the City Council by filing a request for appeal with the City Secretary within ten (10) days of the Commission’s decision. Such appeal shall be heard at the time convenient to the City Council and to its procedures and practices for the scheduling of business before the council.
(Ordinance 1159 adopted 4/3/07)