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HomeMy WebLinkAboutOrdinances (O-04-1441)-02/17/2004 ORDINANCE 0-04-1441 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT G AND A PORTION OF LOTS F AND H, E.M. THOMPSON SUBDIVISION, FROM THE CC1 VILLAGE RETAIL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning district change was filed by Tom Miller on December 15. 2003. under Case Number Z-04-002; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "An, and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the CC1 Village Retail district to the PUD-C Planned Unit Development Commercial district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. THAT this Planned Unit Development - Commercial shall be subdivided into two sub-areas, as shown on the conceptual site plan attached as Exhibit "C". The conditions contained in this ordinance shall apply to both sub-areas, unless otherwise stated in this ordinance. THAT this Planned Unit Development - Commercial shall be subject to the following conditions: Ordinance 0-04-1441 Page 2 of 11 1. GENERAL A. The purpose of this planned unit development is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. LAND USES A. Permitted Uses in Sub-Area 1 - The uses allowed only in the CC1 Village Retail zoning district shall be allowed within Sub-Area 1 of this planned unit development. B. Permitted Uses in Sub-Area 2 - The following permitted uses shall be allowed within Sub-Area 2 of this planned unit development: (1) Single-family Residences: Residential units may be either detached or attached, but not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 square feet. (2) Retail: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. (3) Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. (4) Food and Lodging: Small hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. Ordinance 0-04-1441 Page 3 of 11 (5) Entertainment: Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs. (6) Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. (7) Educational: Private schools, and day-care centers. (8) Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. (9) Parking lots. (10) Accessory buildings or uses as defined herein. (11) Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. (12) Outdoor seating areas for food, lodging or entertainment uses. C. Permitted Uses with a Special Use Permit in Sub-Area 2 - The following uses may be permitted upon approval of a Special Use Permit as provided in the Land Development Code: (1) Outside sales of cooked food and other items not listed under Permitted Uses. (2) Automobile Sales, provided no more than two new vehicles are displayed outside in a public parking lot. (3) Television and appliance repair service shop. (4) Club, lodge or other fraternal organizations. D. Prohibited Uses in Sub-Area 1 and Sub-Area 2 - The following uses shall be prohibited within this planned unit development: (1) Drive-through commercial uses where patrons remain in automobiles. (2) Vending machines, except within buildings. (3) Retail uses containing more than 30,000 square feet offloor area per certificate of occupancy. Ordinance 0-04-1441 Page 4 of 11 (4) Industrial and manufacturing businesses that create noise, vibration or obnoxious odors. (5) Kennels. (6) Terminals or depots for large-scale storage or distribution of goods. (7) Scrap yards for the processing or storage of waste materials. (8) Automotive repair businesses. (9) Telemarketing office with over 20 employees. (10) Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. 3. PLATTING AND SITE PLANS A. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. B. Prior to the issuance of any building permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a site plan in accordance with the requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS A. Sub-Area 1 of this planned unit development shall be subject to the lot requirements and setbacks contained in the CC1 Village Retail zoning district of the Colleyville Land Development Code. B. Sub-Area 2 of this planned unit development shall be subject to the lot requirements and setbacks contained in the following table: General Lot Criteria Lot Min. Area 2,600 s.f. Dimensions Max. Area 5 acres Min. Lot Coveraqe 30% Max. Lot Coveraqe 90% Setbacks Front 0' min -15' max. Side 0' min - 15' max. Rear - Main Bldq. 4' min. Rear - Accy. Bldq. 4' Ordinance 0-04-1441 Page 5 of 11 The one-half story above third floor shall not exceed 400 s.f. 5. GENERAL DEVELOPMENT STANDARDS A. Sidewalks - The developer shall construct a five (5) foot wide sidewalk adjacent to Pleasant Run Road, unless funds are escrowed with the City for future construction of these improvements. B. Garaqes/Accessorv Buildinqs - The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. C. Buildinq Exteriors - The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, stucco or faux-stucco. D. Landscapinq (1) Sub-Area 1 shall comply with the requirements of Chapter 4 Landscaping and Buffering of the Colleyville Land Development Code. (2) Sub-Area 2 shall be exempt from Chapter 4 Landscaping and Buffering of the Colleyville Land Development Code. The owners of each building site shall be required to install and maintain a 24" wide planting area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. All sidewalks six feet or wider in the project shall have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. E. Roofinq - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4') in height, which shall simulate the look of a pitched roof from street Ordinance 0-04-1441 Page 6 of 11 level. If a roof terrace is constructed, then railings may be used which must be constructed of wrought iron or masonry balustrades. F. Balconies - Balcony railings must be constructed of wrought iron or masonry balustrades. G. Buildinq Desiqn Requirements - Buildings within this planned unit development shall be subject to the requirements of Chapter 6 Building Design of the Colleyville Land Development Code. H. Exterior Buildinq Liqhtinq - Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. I. HVAC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. J. Backyard Walls - Walls shall be constructed of 100% masonry materials or ornamental iron fencing. Any gates must be constructed of ornamental iron. K. Awninqs - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks. L. Sidewalk Amenities - Other than the trees and other landscaping, the following amenities may be included in the sidewalk areas: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. M. Street Liqhts - The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. N. Dumpster Screeninq - All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The building niche shall be constructed of material that matches the building. O. Limitation on Late Niqht Hours of Operation - Businesses located Ordinance 0-04-1441 Page 7 of 11 within this planned unit development shall close not later than 12:00 a.m. on weekdays and Sundays, and 2:00 a.m. on Fridays and Saturdays. 6. ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section 6, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain a forty-eight (48") inch pedestrian right-of-way and comply with all other ADA regulations. In addition, any encroachments shall ensure a twenty- four (24n) inch sight line. A. Encroachments Below Grade - Approval by the Director of Public Services of a Right-of-way Permit is required for any building encroachments below grade. No encroachments shall exceed eighteen (18n) inches. B. Encroachments Of Architectural Features Above Grade - Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: Right-of-way Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows 18 inches with max. 7 foot length. 3 feet min. spacing & one bay window oer 15 feet of site frontage Awnings & canopies 80% of sidewalk width. 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Signs 66% of sidewalk width. 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Lights If the light encroaches 12 inches Dr less, It may be mounted at any height on the building fa9ade. From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet. not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas. and shall not encroach bevond 48 inches Eaves, cornices and From 8 feet to 15 feet above grade. one inch of encroachment for balconies each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet C. Temporary Structures In Public Riqht-Of-Wav - The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four Ordinance 0-04-1441 Page 8 of 11 (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. D. Outdoor Eatinq Areas On Public Sidewalks - The use of a public sidewalk as an outdoor eating area containing more than four tables shall be permitted only with approval of a Special Use Permit by the City Council. 7. ADVERTISING SIGNS A. Buildings in Sub-Area 1 shall be subject to the requirements of Chapter 7 Sign Regulations of the Colleyville Land Development Code. B. Buildings in Sub-Area 2 may contain the types of signs listed below. Signs shall not be internally lit. Signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. (1) Wall Siqns - The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. (2) Proiectinq Siqns - Projecting signs may not exceed twenty (20) square feet in size, with a clearance of at least eight feet above ground level. (3) Awninq Siqns - Individual letters on awning signs shall not exceed twelve (12) inches in height. (4) Window Siqns - Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally lit box signs shall not be permitted. (5) Grand Openinq Siqns - When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off-premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. After the Ordinance 0-04-1441 Page 9 of 11 expiration of the initial sixty (60) day period, a business may request sixty (60) day extensions during the one (1) year period, subject to approval of the City Council. (6) Sandwich Board Siqns - One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches (48") high and thirty-six inches (36") wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose of this regulation, Sandwich Board signs shall include easels and podiums. 8. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows: A. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. B. Residential Uses - The parking requirements for residential units shall be as follows: (1) Ground Floor - When a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on-site parking space if the building site contains an ancillary residential unit. (2) Upper Floor - When a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. C. Non-Residential Uses - The parking requirements for non-residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. D. Parkinq Space Records Retention - When off-site parking spaces are provided to satisfy the parking requirements of this ordinance, the City of Colleyville Community Development Department shall maintain records of the number of parking spaces used in calculating Ordinance 0-04-1441 Page 10 of 11 parking needs for each building site and no building permit shall be issued for a structure for which adequate parking is not included with the building permit application. 9. SUPPLEMENTARY REQUIREMENTS A. Park Land Dedication Fees - Payment of park land dedication fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non-residential structure or primary single-family dwelling unit. B. Impact Fees - Payment of impact fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non-residential structure or primary single- family dwelling unit. Sec. 4. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 5. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 6. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the d Jtt{day of ~~ 2004. The second reading and public hearing being conducted on the /7~ day of td~.u~ 2004. 41~~~ Cynthia Singleton, TRMC City Secretary PPROVED AS TO FORM AND LEGALITY: Ordinance 0-04-1441 Page 11 of 11 Exhibit A - Zoning Map Zoning Map - Z04002 Exhibit B - Metes and Bounds Description Being Lot G and a portion of Lots F and H, E.M. Thompson Subdivision, in the City of Colleyville, Tarrant County, Texas, according to plat recorded in Volume 388-K, Page 197, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a % inch steel rod set capped 1. Vogt in the east right-of-way line of Pleasant Run Road, and being for the southwest corner of Lot G of said subdivision; THENCE North 00 degrees 00 minutes 00 seconds West along said right-of-way line, at 120.0 feet the northwest corner of said Lot G, continuing along the west line of Lot H, said addition, for a total distance of 220.0 feet to a % inch steel rod found; THENCE South 87 degrees 45 minutes East 225.0 feet to a % inch steel rod set capped 1. Vogt for a corner in the east line of said Lot H and in the west line of said Lot F; THENCE North 89 degrees 43 minutes 37 seconds East, 194.54 feet along the southerly line of a tract recorded in Volume 11546, Page 2304, Deed Records, Tarrant County, Texas, to a % inch steel rod set capped 1. Vogt for corner in the easterly line of said Lot F; THENCE South 16 degrees 52 minutes West, 235.98 feet along the easterly line of said Lot F to a % inch steel rod found for the southeast corner of said Lot F; THENCE North 87 degrees 45 minutes West, at 126.16 feet the southwest corner of Lot F, and the southeast corner of Lot G, continuing for a total distance of 351.16 feet to the POINT OF BEGINNING and containing 85,255 square feet of land, more or less. 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