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.
Exhibit C - Conceptual Site Plan
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