Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/11/2005 city or ~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monda~ApriI11,2005 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Thomas Dolan, David Dudziak, Thomas Bartkowski, Jeff Byerly, Luann Edwards, John Blassingame and Denis Duffy INVOCATION Commissioner Dudziak PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 28, 2005 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS PUBLIC HEARING AGENDA ITEMS 1. Case G-05-008- PUBLIC HEARING - Amendment to Chapter 3, Section 3.23 of the Land Development Code regarding Planned Unit Development Zoning Regulations 2. Case Z-05-011- PUBLIC HEARING - Zoning change from AG and R30 to R40 on 3.942 acres located at 6112 and 6115 Hunter Lane TABLED ITEMS STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Planning and Zoning Commission Agenda -Apri/11, 2005 Page 10'2 Amy Shelley, Planning and Zoning Assistant Posted: Wednesday, April 6, 2005, 4:30 p.m. Planning and Zoning Commission Agenda -Apri/11, 2005 Page 2 of 2 .~ l'exas PLANNING AND ZONING COMMISSION MEETING MINUTES - March 28, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:10 p.m. PLEDGE OF ALLEGIANCE Commissioners Thomas D ,. Thomas Bartkowski, L Blassingame, Denis present. Dave Dudziak, Edwards, John Jeff Byerly were ROLL CALL INVOCATION " )' ~:_~,,~. .; ~?~ ''''::':iUtes 61t~'::March 14, 2005, meeting vote~::1:!ij;:;;;;; '... ~;W,~~1l\;game, Duffy and Byerly ~$>~::.;f '<..~"i,.'" REGULAR /il. DA ITEMS 1. Case p-O..' - Fin being a replat 0 . of Behrens Road, X~;;,:<,J Chris Fuller presented the case and briefed the Commission. Commissioner Edwards asked staff to clarify the escrow for the perimeter street fee. Chris Fuller responded that it was an approximate amount of $135 per square foot. Commissioner Bartkowski questioned staff about the line going west of the east property line, for clarity, what is the line? Barry LeBaron responded an error in the drawing. Commissioner Byerly opened the public hearing at 7:20 p.m. There being no one wishing to speak the public hearing was closed at 7:21 p.m. > at of Lot 1 R and Lot 2, Block 1 of the Baum Addition, ck 1, Baum Addition, 3.16 acres located on the west side f Glade Road Planning & Zoning Commission Minutes - March 28, 2005 Page 1 of9 Commissioner Byerly made motion to approve case P-05-009. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 3. Case Z-OS-008- PUBLIC HEARING - Request f to R40 and R20 on 24.108 acres, out of the Willia located at 6805 Pleasant Run Road Chris Fuller presented the case and briefed the ~ mission~' Commissioner Byerly questioned if the a .. of this being would be a platting issue? Chris Fuller r ded correct. Commissioner Edwards questioned sta not for a home? Chris Fuller replied correct, that '>~,s, ' g to be used for detention. Commissioner Edwards questic~i 9 staff what', top a home from being built on that lot in the future since this ,;;;x; ~O zonin~r:,::~:,';/:1ris Fuller stated this lot will be -",.,\/ ~'.}~:'., dedicated as open space to b privat <':->;'" The lot frontage would not conform to the R20 zoning; theref, '., Id n '> uilt on that lot. Barry LeBaron stat plican ,preliminary plat so that the developer would he lot ,. ce that is why the zoning and preliminary plat ' da. Commissione1:~1: < liking h the zoning and preliminary, however, because this is s < , y were to be sold, it does not mean a new d, wo ,'onfiguration. Barry LeBaron stated the prell ;<'.;;. uld od for up to 12 months, therefore a final plat would have t,,, ""~<'<submitte ,<\' i~ w onsistent with the preliminary plat presented to the ; ..~:;;;;:~:~~g and zoniil-'fmm ;~~ and City Council for approval. Corfl~;tt ~ioner ByerlY:' '< stionea staff if the 40-foot strip to John McCain is included on thi ..;~rry LeBar tated correct. "~';' ". Commiss~' 'r:. Du questioned staff if the strip is considered open space? Barry LeBa~ .' correct. Commissioner Dudziak questioned staff if it could be sold at a r- . (me? Barry replied correct, since this is not a PUD, it is not required open space therefore it could be sold. However, the intention of the developer for this open strip is to be maintained as open space and the HOA would maintain. Commissioner Dudziak questioned if the HOA could sell the strip? Barry LeBaron stated these are platting questions and at this point the zoning case is what is being presented, however, the developer has stated dedicating the open strip to the city for the use of the trail system. Commissioner Dudziak questioned staff if the trail would go down the length of the open space? Barry LeBaron responded correct, the trail would go down from John oning change from AG n Survey, Abstract 404, Planning & Zoning Commission Minutes - March 28, 2005 Page 2 0(9 McCain and out the southeast corner of this development. Commissioner Duffy questioned staff if once the platting is complete; the 40-foot strip would then become a 30-foot strip, and would not be for sale? Barry LeBaron stated there would be a trail easement along that property so no matter who owned the property; the city would still have the easement. Commissioner Duffy questioned staff if the developer has been briefed on the requirements of Chapter 10 of the Land Development Code for the gate and HOA ~.Barry LeBaron replied the developer is aware of all the requirements for t ' ". te details and HOA information, but for the preliminary plat all the requirem~Q~," 'have been met. :;;^:~;:i~ ~:~ ~:,~:> Commissioner Byerly opened the public hearing at,~ :f*,' ..;*~$~?~ <'. John Fegan, the applicant, presented his requ t '~~d brie stated the neighbors wish to have this as a .' .:' communit' outside the gate. ,5 Commissioner Duffy questioned the ap'~ be west of the 10-foot trail on the ea responded correct. Commissioner Dolan questi community is to eliminate the t Road? Mr. Fegan responded y' first but after having meetings with. the access betwee, .additio e Commission and the trail system the intention of the gated ohn McCain to Pleasant Run e plans to do the gate at anted that gate to cut off applicant if he is putting up the gate ed? Mr. Fegan responded correct, he . . ..9.omml to the gate. ",~'}-..:;:~, "-;."*, ~ t R"~:7:stated opposing the R20 portion of the . having issue "with traffic this density would create. n Road, stated opposing the R20 portion of the zoning ing I ".~ with traffic and drainage. elton rive, stated opposing the R20 portion of this request usly stated. ton Drive, stated opposing the R20 portion of this request es with traffic and density. Rhonda Berry, 3 Kyle Court, stated liking the mixed zoning of R20 and R40. Tony Johann, 2212 Collins Path, stated supporting the growth in Colleyville. He stated liking the developer's use of R40 and R20. Mr. Johann stating liking and using the bike trail and the fact that this developer wants to keep the bike trail off of the main roads. Steve Stallard, 5100 Fry Lane, stated supporting the developer and liking the growth of Colleyville. Mr. Stallard stated this development is being done correctly. James Day, 805 Shelton Drive, stated opposing the R20 zoning and the connector Planning & Zoning Commission Minutes - March 28, 2005 Page 30f9 road with the Warwick Parc addition. Mr. Day stated if the connector street is not allowed, it would help this addition. Earl Morse, 1207 Hardage Lane, stated supporting the developer and the concept of this development by working with the neighbors. Mr. Morse stated by using the R40 and R20 mixed zoning seems to be a good blend for this area. Tom Quinn, 6817 Pleasant Run Road, stated supporting the plat in the revised form and supports the gated community idea to avoid the cut thr h traffic. Becky Meadows, 6901 Pleasant Run Road, stated su g Mr. Fegan's concept and the fact that Mr. Fegan has worked with the s. . ing neighbors; however the R20 zoning does not compliment this part of,.. Ms. Meadows stated supporting the R20 on this plat because the R~, 0 will be . . e same side as the soccer fields and can be used as a transiti rea. Ms. M' ws stated having concerns with traffic being diverted from cCain to Pleasa n Road which would make the neighborhoods less de~ :~,. Joan Quinn, 6817 Pleasant Run Road, sf ";,j"suPP,Q " ,'the plat in the evised form and supports the gated community idea to'<~~~;!~!111l cut through traffic from John McCain to Pleasant Run R , Ms. Quin;Ai~fated appreciating Mr. Fegan's ~~"~,~.".....,, willingness to work with the nel "':;:::"s Swift Lindley, 2002 Kyle Court,' built out on this type of developm Fegan. There being no Commissioml pleased with th lots;: '11 Com" ',Byer ,,~!;. . >~~>>>, G~jl ssionef~~ow :pncurred with Commissioner Edwards. ,;"v:":;",v <.;xx;:::" ~~ ,,;^'.. ." issioner Du)ti~~:;~estt~ij~~ staff for platting purposes; does the location of the need to be ~Jhe plar:lor the flood information? Barry LeBaron replied at platting th~1Ird sites could be determined by the building set back lines. Commis' r Duff ed since Lot 16 is in the floodway, as well as some of the other lots, pattern is from lower right to upper left, the detention pond is necessary in a. Barry LeBaron stated correct and the limits of the 100 year flood are on th preliminary plat and will be finalized at the final plat. Robert Woods, city engineer, stated during the final platting, the flood plain issues will be addressed at that time. Ian because Colleyville is ing the dedication of Mr. ublic hearing was closed at 7:46 p.m. o lots being next to the soccer fields and o the existing neighbors. .. issioner Edwards. Commissioner Bartkowski stated during the preliminary plat review, the procedure states there should be a preliminary drainage analysis that the Planning and Zoning Commission has an opportunity to review, therefore he would like to see the analysis before approval of the plat. Commissioner Dolan made motion to approve case Z-05-008. Commissioner Planning & Zoning Commission Minutes - March 28, 2005 Page 4 of9 Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 2. Dunn '. . age easements not . veloper is doing a , drain would be liminary plat issioner E to<'~ii~me on any.. havirt~~~tJ,e drainage approvettt~.. "",:::~~~~~". Commissib:;~~(::::}!3 ski concurred with Commissioner Edwards, however he stated Chapt' he Land Development Code state that no land subject to the 100 year flood " 'ould be subdivided. Commissioner Edwards stated FEMA will assure the layout of the lots and the drainage before building permits will be issued. Commissioner Dolan questioned staff if engineering would make sure FEMA had released before the issuing of the permits? Robert Woods replied correct. Barry LeBaron stated those issues are addressed during final plat process. Robert Woods stated FEMA would provide a detailed study at the time of final design. Commissioner Edwards stated opposing the gated community because the connector street was approved during the Warwick Parc approval. She stated ~he engineering department will not allow any thing lopm that would endanger the lots with drainage and not dy at this time should not hold this plat back from being '. ..: Planning & Zoning Commission Minutes - March 28, 2005 PaQe 5 of 9 being concerned with causing problems with entry and exit of the Stonebridge Pare residents. Commissioner Byerly concurred with Commissioner Edwards the stub out was to provide relief from John McCain. Commissioner Bartkowski concurred these residents would only be able to enter and exit on to Pleasant Run Road which would compound the traffic congestion on Pleasant Run Road. is a problem; however eveloper caused. rove this preliminary ron stated the plat ;~ lnal plat comes ,~ . E wards that submitting this , e able '" ck the lots. However, having I are not required at this time, only at the e Commission could split the voting for Matthew Boyle, City Attorney, stated ot being in favor of splitting the vote. .>.." ::~:.staff about the procedure for splitting the vote? stated it being important, for the comfort level of the pass; however, she stated not having a good feel for the . wards stated splitting the vote would make it easier for the Commissioner Ian stated the speakers, who spoke during the public hearing, were comfortable with the plan that was presented and that plan included the gate on Pleasant Run Road. The developer addressed the issue of the cut through road with the neighbors and that is what was decided, therefore Commissioner Dolan stated not being in favor of splitting the vote. Commissioner Dudziak stated being in favor of splitting the vote and questioned staff about the log cabin, is there an agreement in the works? Chris Fuller replied correct, however there is no set location for the cabin. Commissioner Dudziak questioned how could there be a public facility in a gated community? How would Planning & Zoning Commission Minutes - March 28, 2005 Page 60{9 the public access the facility? Chris Fuller replied the cabin will be moved on to city property and a developer's agreement is being drafted. Mr. Boyle questioned Commissioners how is this relevant to the approval of the preliminary plat? Commissioner Dudziak replied that if the cabin is a public facility how can it be placed in a private gated community? Mr. Boyle stated it not being shown on the plat as a dedicated public area. Mr. Fegan stated working with the Parks Department and ving agreed to pay to move the cabin to where ever the city wants the cabin '.' stated leaving that to the city. Barry LeBaron stated as far as public ac here will be pedestrian access through this development's gates for the us ,,' pttonbelt Trail. . .~. Commissioner Edwards questioned staff abou '. "aw they' feel about closing the access from Warwick Parc? Barry LeB stated staff ested putting the stub out street from Warwick Parc to pr or circulation fro,OOti!ghborhood to . hb h d ::v,'\V' nelg or 00 . ,,>:;:::::~;~>. /;.:"'~.>\. .o<<~::::~~::~~ Mr. Fegan stated originally on the Warwl 41~;"~'':;;6n, there waslftit a plan to put the stub out street there because it ca ' oss of a lot; however, it was placed there by the advisory,. taff and cit . cil to provide for the relief of traffic. Mr. Fegan stated agre, the neig' about the gated access, but the stub out would still be the ency '. s only. Mr. Fegan stated adding a gate next to the front ~ cess he path. Also, he states already having wor FEMA which will take about four to six months with ~J~:,~., ,s to m ated placing the streets as to prevent damagal1}':Very fe es. " "',"''''c-' Commissione '., ards q tide down to o~.'" "oth existin ,way. ". . . X"~,,~ ar~ "J~~f fin rry LeBaron stated the centerline is the assumed center. ."'?i', ~ ~<,:~":'>::~;''''' ~~'~gan stat~':::' ,dra'I', ~ ditches would be cleaned for better flow. ~.::~ ~* - :::-~. ""~?*:*.~~ C' )ssioner Bart:':;':. ski stal;Jd wanting to see the preliminary drainage analysis befa, proving this 'cause the developer is taking open land, putting pervious covera, ollecting a detention area, and there will be some kind of point discharge\, ' omeo. backyard, the way it appears now. He stated it is prudent to see thaf', and it is reviewed as part of the plat procedure. Robert Woods stated, eveloper has provided plans for this drainage, as outlined in the code, and it shoWs the detention requirements, and not allowing extra flow in the existing conditions. The final calculations will be done during the final plat procedure. Commissioner Bartkowski stated it being important to show adequate facilities in the area for the drainage. Commissioner Byerly made motion to approve the preliminary plat case P-05-011 with the deletion of the gated access. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly , the ROW along Pleasant Run Road is , 0 insure going from the middle of the having dedicated the centerline on this Planning & Zoning Commission Minutes - March 28, 2005 Page 70f9 Nay: Dolan, Bartkowski 4. Case Z-05-009 - PUBLIC HEARING - Request for a zoning change from AG to R40 on 1.155 acres, out of the S.C.H. Witten Survey, Abstract 1619, located at 5500 Montclair Drive Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:25 p.r!,}c., There being no one wishing to speak, the public hearin .;.~ closed at 8:25 p.m. Commissioner Edwards made motion to approve 05-009. Commissioner Duffy seconded. The motion was approved by the following vot Aye: Dolan, Dudziak, Bartkowski, Edwards Nay: None 5. Case Z-05-010 - PUBLIC HEARING to R40 on 4.0 acres, out of the Joseph White and 600 Shelton Drive ' Barry LeBaron presented the ca Commissioner Byerly opened the , .;' ,.~~"". ~.~~,- Jeff Vanderpool, ~,' ,', the CommissiolJ:~di1i1):;;::~" "..;~:;;;?=:~~(;' Dinah Steph : . v 12 Shelt Bill Stephens, 6 Jam by the following vote: . rtkowski, Edwards, Blassingame, Duffy and Byerly STAFF REPORTS Barry LeBaron stated the PUD recommendations are moving forward. Barry LeBaron stated after getting through the budget process, there will be more work shops scheduled. COMMISSIONER COMMENTS Commissioner Dudziak stated having confusion about the documents needed for the preliminary plats. Planning & Zoning Commission Minutes - March 28, 2005 Page 80(9 Commissioner Duffy stated wanting a clear checklist so that we are sure to have everything in place for fairness to the developer and council. Commissioner Byerly concurred with Commissioner Duffy about clear checklists for plats and could be addressed in a work shop. Commissioner Edwards stated wanting us to move away from approving the drainage on a property, the engineering department is very capable and, cessible for reviewing those plans. . Commissioner Duffy stated the Commissioners nee Commissioners can do the homework so that the cou~ the Commissioner Byerly stated stream lining the citizens since drainage is an issue for the citi ".Qe benefit of the {,;x. ~~~;::::~:::< Commissioner Dolan stated the loop being c ':, by the appropriate department. " ,'.~... '..,>,~'\,;;,.~. . ::ar cut check If~~~nd sign off Commissioner Byerly stated strea staff for approval or denial of a plat: Commissioner Duffy stated he will be . , " gs in April. ADJOURNMENT The Commission adJ .m. by acclamation. Planning & Zoning Commission Minutes - March 28, 2005 Page 9 0(9 .~ l"exaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 11, 2005 G-05-008 - Public Hearing - Amendment to Chapter 3, Section 3.23 of the Land Development Code regarding Planned Unit Development Zoninq Requlations STAFF REVIEW COMMENTS Over the past few months, the Planning and Zoning Commission have met on four different occasions in workshop settings, to discuss revisions to the Planned Unit Development (PUD) zoning regulations. One ofthe major areas of concern, with the current regulations, has been the amount of open space area that developers have proposed in the past with some of the development proposals versus the amount of open space required by the Land Development Code. In the past, there have been considerable discussions by the Planning and Zoning Commission overthe amount of open spaces that have been used for storm-water detention. The current PUD regulations were adopted in 1977 as part of an overall zoning regulation update. The PUD regulations have changed little since that time. The regulations are quite lengthy, and contain many confusing requirements, and in some instances unnecessary provisions. Development patterns in Colleyville have changed significantly since 1977, and the current regulations are not achieving the desired results with the type of developments preferred by the Colleyville Master Plan. Staff believes the regulations could be revised to achieve the goals stated in The 2004 Colleyville Plan. Furthermore, the regulations can be written in less confusing, more specific language, which would greatly improve the quality of the PUD proposals. The Colleyville Plan, recently adopted by the City Council, contains several goals and objectives related to open space and PUD regulations. These goals and objectives include: · Promote greenbelts and buffer areas in front of subdivisions adjacent to major thoroughfares · Plan for all neighborhoods to have access to sidewalks and hike and bike trails · Limit the amount of open space that can be utilized for detention ponds to 50% of the open space area in a residential PUD · Require amenities in residential PUD open space areas such as benches, sidewalks and play areas to enhance the quality of the open space · Ensure that open space areas function as quality areas for the neighborhood · Establish a minimum size for open space · Require tree planting or enhanced landscaping for PUD buffer areas along streets Agenda Item No.1 - Page 1 Planned Unit Development (PUD) zoning became increasingly popular during the early 1960's in response to many perceived problems associated with traditional zoning and subdivision practices around the country. Developers often complained to municipalities that under traditional straight zoning, only the best lands could be developed, leaving many parcels undeveloped due to higher development costs and causing a hop-scotched pattern of neighborhoods with no interconnectivity. Most early subdivision developments had taken place on flat sites, which were cleared of all trees to make construction economical. Developers argued that they should be able to cluster development to achieve a higher density, on the best parts of a tract, and utilize the un-developable parts for open space. This approach argued was more sensitive to environmental issues, yet produced the same overall net development density as a traditionally zoned tract. Benefits to the developer included lower overall development costs by concentrating infrastructure investments and enhancing residential developments with greenbelt amenities. Benefits to the community were the generation of more open space areas and a pleasing rural atmosphere. However, municipalities were not quick to accept PUD zoning due to the language contained in most state's enabling legislation, which required uniformity of regulations within zoning districts. PUD's regulations tend to be variable and generally do not comply with the uniformity requirement. It was not until model PUD ordinances had been published in the mid-1960's by several nationally recognized housing and development associations that PUD zoning became an accepted zoning practice around the country. The goals and objectives of PUD zoning generally focus on four issues: (1) flexibility in development standards, (2) encouragement of innovative housing types and choices, (3) provision of increased amenities; and (4) the role of negotiation and improved public regulation of development. Attached is a copy of the current Colleyville PUD regulations, which shows the proposed language being deleted or inserted. Also attached is a copy of the proposed ordinance, which if approved by the City Council, will amend the Land Development Code to incorporate the recommendation of the Planning and Zoning Commission. The following is a brief summary of each of the major changes proposed to the PUD regulations: A. Purpose - This section of the PUD regulations is being streamlined so as to be very specific. A large part of the existing text is being deleted as being unnecessary. B. Ordinance Required - This is a new section that describes the procedure for changing the Official Zoning Map upon approval of a PUD and includes the components that will comprise an approving ordinance. C. General Standards - This is a new section that clarifies the applicability status of all other regulations in the Land Development Code. D. Classification of PUD's - This section establishes the PUD-R and PUD-C designations Agenda Item No.1 - Page 2 for PUD's. The PUD-I is being deleted, since any such use could become a part of a PUD-C. E. Permitted Uses - This section outlines the process for listing the uses allowed within any particular PUD. F. Prohibited Uses- This section states that any uses not specifically mentioned in the approving PUD ordinance are prohibited. G. Maximum Residential Density - The 1.8 dwelling units per acre is retained as the maximum density allowed in a PUD. Language also includes the methodology for calculating the density of a residential PUD. H. Density Bonus - This section has been added to provide guidance to a developer who chooses to seek a residential density higher than the 1.8 units per acre by requiring additional open space or through the addition of enhanced amenities by the developer. I. Minimum Residential Lot Size - The 13,000 square foot minimum and 16,000 square foot average lot sizes are being retained, as in the existing PUD regulations. J. Open Space Requirement - This section retains the 20% open space requirement for a PUD, but limits the amount of the open space that can be used for detention to 25% of the open space area. K. Submittal Requirements - This section identifies the minimum documents required for submittal of a PUD. L. Preliminary Plat - This section allow the developer the option of including a preliminary plat with the PUD application for purpose of expediting the development process. M. Approval Process - This section states that a PUD application will be reviewed by the Planning and Zoning Commission and the City Council using the same procedure as any other rezoning application. This section also includes language to allow the City Council and the Planning and Zoning Commission to approve a proposal that includes a waiver or modification of any PUD regulation or to impose conditions on a PUD proposal in order to address neighborhood concerns or to meet the planning and development goals of the community. N. Effect on Existing PUD's - This section states that previously approved PUD's shall remain in effect and are held harmless by the new regulations. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: April 11 , 2005 City Council: May 3, 2005 and May 17, 2005 RECOMMENDATION Prepared by: ~ Approval Agenda Item No.1 - Page 3 Existing PUD Regulations Showing Proposed Changes Section 3.23 ~ +planned Unit Developments ~ J.2J.f. PUD R PUD C: aRS PUD I PlaRRes URit D9Y91el'lmeFlt Di~triGt~ (R Re~iseRti:al; C C@mFRerci:al: GlRsl I n€lbl~tri:al TRe r;e~bllatiEm~ ~et f@rtll iA tRi~ ~ElGtieFl, @r :a~ ~et f@IlR 91~9'.\'Rero iR tRi~ CRGI~t9r ,..:RElFl ref@rres te iA tlli~ ~9€ltiEm, Glre the re~bllatiEm~ ef tRe PUD R; C; er I; PlraRAodUnit D9\1ele~FReFlt Di~triGt~, J.2J.~ PYr~@~e anslFltEmt A. Purpose -The purpose of a Planned Unit Development (PUD) aRs iRteRt sf tRi~ si~triQt is to provide for greater flexibility and discretion in the approval of residential, non-residential and mixed use developments by encouraging creative, efficient and aesthetically desirable residential and commercial projects that are superior to what could be accomplished in other zoning districts through the use of increased open spaces, greenbelts, or by providing enhanced amenities or features within the development that will be of special benefit to the property owners or to the community. 8€l€leFRFResatB ~laRRss asseQiatieR~ sf laRs YSBS sevelB~es as iRte~rallaRs Y~e YRits ~Y9R as: iRSystrial ~ark~; effi€ls ~arl(s; geFRFRer9ial sr ser.-iQe 9BF-Iters; sRs~~iR~ geRtEm:; resi€leRtial sevel@filmBF'lt sf mYlti~l@ @r mbms RSYsiR~ tYfilB~ (L9., QSRvEmti@Rtal SiR~19 family seta9Res €lV:@IIiR~S, SY~IB}(Els, mYltifamily a~artmoRts, atta9R9s tswRRSYSeS, 9SRS@FRiRiym mYltifamily sv:eIliR~s, €llyster RsmB~, "9 1st liRe" R@mes, oRS ~atis ans otriYFR ReFR9~); aR€l etRer a~~re~riatB aRQ €lElFR~ati13le QeFR13iRatiBR~ (;If 1:;mQ YS9~ 'f/RicR FRay 13B ~laRRos, Q9V9Is~eQ ans s~erat9s as iRt9~rr~1 laRQ yse YRits, eitRBr 13y a SiR~IB SWR9r sr GSFR13iRotisR sf B\':REm:. TRi~ sistri€lt is sB~i~Res te BRGSYra~e tRe FRB~t a~~refilriatB yses sf laRs, ~ermit flexi13ility ts BR€l(;lYra~B a FRere Greative, effiGieRt, BR'.'iF9Rmontally ~IBa~iR~ tane :ae~thBtiQ SO~i~R re~arsiR~ tRB ~~atial arr:3R~eFReRt ef 13YilsiR~s GlRS I:aAe blSBS, B~BR s~a€les, €lirGbllGltiBR aRQ traRs~srtatioFl ~GltterRs, aRs GBRSisemtiBRS of &~eGial site aRs tBfilQ~FafilRi€l featyres, DByelBfilFReRt €lsRtmls aiFRes (;It aSSYriR~ tile €lRara€ltsr, GeFRpati13i1ity Bf FRiHOel3Re blses, aRQ RarFRBRiEH.lS Gms tiFRely QBvoIEl~FReRt Bf tRO ~rej9Gt are FRaiRtaiRss tRFBY~R tRS esta13lisRFRSRt Bf st3F-1El:arss s~eGifiQs fer 'JariBYS laRQ yses, YGlrs~, site €lBVera~S 13y 13YiIQiR~s, stQ" WRi€lR are seterFRiRee 13y a€ltyal sB~i~FI 3nEl iR€lBr~sr:atOQ iRtEl tRe amemEliFl~ QrSiFlaRQe Elf the zeRiR~ re~blI3tiBR~. lil~@wiso, site ~laRs, se'J9lBfilFR9Rt &€lReSblles, Qr3ft restriGtive QeeQ €lBVBRaF-lts :;ms sraft prEl~sFty BWRer asss€liatiBR GBVBF-IaF-lt~ \'JReR ofil~li€la13le, aro re€lYires ts 13e sY13mittes. TAB Official Z@FliR~ M3~ sf tAB City snly iSElRtifiB~ tRess PlaRF-IeEl URit Devele~meRt~ (PUQ's) tRat have seeR ~re'JiBYsly afil~reves 13y tAg City CElYRGil. TRe FRa~ SBB~ FI@t fsrs9ast tAe IBQatiQFI Elr tY~El Elf ~laRRos YRit s8!Jel@pmoRts 13blt a~~blFReS tR3t eVBry ~argel sf laRs withiR tRB Gsmmblnity Ras the ~st8Rtial sf 13BiR~ apprB~riatElly fillGlRFlOEl YRSer the re~YlatisR~ set ferth hBreiF-l; therElfere, r@lie~ BR the €l'.vFler ts iRiti3to 3 ~etitiBR fer :z@nin~ €lhaR~e. B. Ordinance Required and Effect on Official ZoninQ Map - Every Planned Unit Development approved under the provisions of this section shall be considered an amendment to the Land Development Code and Official Zoning Map of the City of Colleyville, Texas. In approving any request for a Planned Unit Development district, the City Council shall, upon recommendation of the Planning and Zoning Commission, incorporate in the approving ordinance reference the approved site plan, supporting documents and include other conditions or restrictions imposed on the project by the Commission, including those of the Council. The approval and adoption of the amending ordinance by the City Council shall result in the appropriate change to the "Official Zoning Map." C. General Development Standards - The standards and requirements set forth in the Land Development Code shall be applicable to every Planned Unit Development, except where a new or different standard or requirement has been set forth in the ordinance establishing the PUD district. Such standards or requirements may be in addition to or in lieu of a development standard contained in the Land Development Code. The ordinance creating the Planned Unit Development may establish these requirements specifically in the ordinance or by reference to another zoning district. J.2~. C U~e Re€lylati@F1~ laRa, eyilaiRSs @r ~trYstYr@~ witRiR aFlY "PlnnFloa VRit g@V@!@f:lFR9Flt Di~trist" FRay ee y~ga fer nFlY af:lW@f:lriatg S@FReiRatioFl of ~rinQif:l31 Y~es, asses~ory b1~O~, SElFRFRYFlity fasility Yf:e~, aF-!a sf:l8sial yses ~ElrFRittea iF-! ORY asrisblltyral, resiaeRtial, s@FRFRersial @r iRaystrial aif:trist '1:itRiR tRe City; Re'/.lever, tREl City PlonRins ORa ZoFtins CeFRFRissiElR ema City CeyFtsil re~ewe tRe riSht to ~reRieit aFta e)(SlblaS sertuiR y~B~ witRiR aRY f:llaRRea aistrist v:ReR, iR tRsir Elf:liRi@R, tRe iRGlysi@R €If GertaiR y~es wElblla er GElyla saY~@ Elr sreat@ aR aa'/er~e iFR~Glst witRiR er t@ a€l1aGeRt ae\'ele~FReRt, er ee em etRer\'!i~e iRaf:lf:lmf:lriate blse wit!;!iR t!;!e aevelef:lFReRt @r aetriFReRtal t@ f:lers@R~ @r f:lmf:l@rty est!;! \':itRiR @r aajas@Rt tR@rete. F@r tRQ ~blrf:l@~e~ @f tRess resYlati@Rs f:llaRRea blRit as'/ElI@~FReRt aistriGts s!;!oll eEl G@RfiREla te SRe sf t!;!s fsllev:iRS as~iSRat9a slas~ifisatisR~, aRa s!;!all ee aesiSR3tea SR t!;!s Off.ie;i31 ZE:lRiRS Ma~ in tRe fellsv:iRS FRaRRSr blsiRS tRe letter aeer9viatiElR~ sf sye;!;! ai~trists: "pyg R" (Plarmea URit gsvel@f:lFRSRt Re~iaeRtial~; "PUg cn (PlaRRea YRit gsvel@f:lFRSRt CeFRFRsrGial~; "pyg I" (PlaRRea URit Devel@~FReRt IRabl~trial~. D. Classification of Planned Unit Developments - The approving ordinance establishing the Planned Unit Development shall include one of the following classifications, which shall also be shown on the Official Zoning Map using the applicable letter symbol. Planned Unit Development Classifications PUD Classification Planned Unit Deve/opment- Planned Unit Development - Residential Commercial Map Symbol PUD-R PUD-C Primary Uses Allowed Planned developments Planned developments containing primarily containing primarily residential dwelling units, commercial, office, which when grouped into professional service, retail clusters may have a higher and institutional uses and density than a conventional facilities or combinations single family project of the thereof developed in same acreage, but where an accordance with an overall appreciable amount of land development plan, which may for open space is reserved include a small residential for the use of the residents component, such as a mixed or where an area exhibiting use, provided the maximum environmentally significant ratio of residential is or natural features is specified in the approving preserved. ordinance. ~.2J.g PerFRittea U~es 1. "pyg Rn PI3RRse L'Rit gsvel@f:lFRElRt: ResieeRtial (wRens tRe FRaj@rity @f laRe bl~e is assiSRatea fer reSieElRtial f:lyrf:l@ses) a. .^.RY SiRS Is f:lblFf:leSEl @r FRb(ea t~'f:le @f rssiaeRtial ewslliRSs, iRGlyeins, eyt R@t liFRitse t@: €letaGRee SiRS Is faFRily ev:elliF-!S~ @F! e;@F-!v9F-!ti@Ral sYeaivi~i@F-! tYf:le I@ts; attaGRee aw@IIiRSs sy&h as ablple)(es 8R€I t@\'.'RR@blses; "Glyster I:1@YSiRS,n petie R@FR9S, atriYFR !;J@FR9f:, "g I@t riF!Bn !;!OFRO~ (with Q FRQxiFRYFR of one ~iee VIall @f tRe e'.velling iF-! COFRFflOF-! with 3 ~iae f:lF@f:l@rty riF-!e), FRYltifaFRily 3pertFReRts, flats aRE;! G@Re@FRiRiYFRs @f siFRil3r !;J@Yf:iRS types. e. C@FRFRYRity FeGility Uses, as aPf:lrovoe ey tRe City (aRa v:!;!Eln iRteReee t@ SElPJ9 tl:1e resiaeFltial aevel@f:lFReRt). €L l'.sri€Yltyml Uso~, a~ 3ppreve€l lily t!;!o City. 2 8. C@FRFRef€ial U~e~, WRen ra part @f a f@sie9Rtiral eev91@pFReRt raRe a~ allewBe iR €@Rf@fFRaROO '.VitR U~@ ~9fFRittge bl~9~ "me re~bllratieR~ @f tRB "OJ ~Jei~RI3@rR@@e CeFRFRef€ial Distri@t;" aR8 liFRite8 iR tetal af9a t@ R@t FR@re tRrim (1Q) raore~. WRere tRe RblFRber @f e'NeIliRS blRits prepe~e8 iR tRB "PUO R" ei~tri€t iRei€ates ra Re@e fer a ~reater aFR@blRt ef €l9FRFRef€ial laR8 raorea~e tRaR R@reiR aIl9'1:e8, aR9 tRe appli€laRt eesir@s srorator fle)(il3ility @r FR@re p@rFRissive OOFRFRBrGiral blSBS tRaR tR@SB €l@RtaiRBe iR the "CH' 8i~tri€lt rB~bllati@Rs, tR9 appli€laRt sR311 sbll3~taRtirat@ aR8 8@€lblFR@Rt tR@ R@ee fGr Sbl€lR ra99itioRral a€rea~B aRe/@r blse~ ',ia a FRarket aRraly~is @r @tRm siFRilar FRetR@e 139fGre Sbl€R aeeiti@R31lraRe 3€rera!3B @r blS9~ are all@\V@e aR8 Glp~reveel3y tRB City. B. ~f')9€liGlI IiXC9pti@R U~g~, as eesi!3Rratee fGr tRB 'JGlri@bl~ reSieeRti31 aRe €@FRFRer€ial Z@RiR!3 8i~triots iR tl::le "Ml li~l::It MraRblfa€tblriR!3 aRe IReblStrial Distri€t", FRGlY bo allowee 8Y tRe C@FRFRis~i@R GlR8 COblR€lil BY ri!3l::1t, '::itl::liF! a "PUO R" ei~triGt, '/litR9blt reviBv: aR8 Clpf')r9'Jal 8Y tRe l@RiR!3 ~9G1re @f .^.€ljblstFR€mt, iR@lbleiR!3 ClRY F€lstri@ti@RS iFRp@~99 tR@r@9R. TR9 @)(t9Rt raR9 loorati@n~ tR@re@f sRalll3@ SI::l@'J.'R @R tR@ site f')lraR raR9 €l@RtaiF!ee iF! tR9 sblpp@rtiR!3 89QblFRORt~ RereiR F€l€lblire€l. f. f.G@ess€ll)' U~9~, €lbl~t@FRarily iR€li89Rtal aRe Se€l@Reary t9 raRY alle'Nge priR@ipal blSBS rall9Wee iR tl::l9 f9~p9€lti'J9 r@sigeRtiral eistri€lt~ 9r €l9FRFR9fGial eistri€lt, witl::l resp@€lt t@ tR@ type @f reSieElRtial @r R@Rre~ie9Rtial blse~ pr@p@see iR tRe "PUO R" ei~trict. 2. "PUO C" PlaRRee WRit [l9V919pFROnt COFf-lFf-l9r€ial ('::Rere tl::l9 Ff-la:j@rity @f laRe blS@ is eB~i!3Ratge fer €l@Ff-lFf-l@r@ial pblrp@~es) ra. Sh@fJfJiR!3 €l9Rt9rs, €l@Ff-lFf-l9mial @r ~gr:Vi€lB €lBRtefs, €lffi€le parl~s, Ff-l3j€lr re€lrBati@Ral aRe BRt9rtaiRFf-leRt fa€ilities, aRe @tRer siFf-lilar I3blsiRess aRe @@mFf-ler@iral @@RtgrS @r fa@ilities v:l::leR ~blSR blses ar9 iR eORf€lrFRraneQ "'lith thQ variobls s@mFf-l9re:ial z@RiR!3 eistriet FQ!3bllrati@ns sf tRis Cl::lapter. R9SieORtiral blses siFf-lilar t@ tR@se ~et fertR in thQ "RMF MblltifraFf-lily R@sieeRtial District." 13. C@Ff-lFf-lblRity FraGility Uses, as appreVge aRe all@wgel3y tl::l9 City. €. ~p9€iral Excepti€lR U~es, a~ 89~i!3Ratee fGr tl::l9 '/ari€lblS e:@Ff-lFR9re:ial z@RiR!3 8istrist~ iR tl::l9 "Ml li!3l::1t MaRblfae:tblfin!3 aRe I RSblstriral Distri€t" Ff-lGlY Be all@'ueel3y fiSl::lt BY tRe C@Ff-lFf-li~~i@R 3RS C@blRe:il withiR a "PUD C" eistri@t \'/itR@blt revie,': raR8 raf')f')r@vral 8Y tAg 19RiRS ~@are @f f.SjblStFf-l9Rt, ir:l@lbleiR~ aRY restrie:ti@RS iFf-lpesee tRefe@R. TR@ @xt9Rt raRe 1@@ati@Rs tR9re@f ~Ra1l139 ~R€l\'.'R on tl::19 site f')lran <mQ GORtraineQ in tRe ~bl~f')ortiR!3 ge€blments Roroin re€lbliree. 9. .'\e:e:ess@PJ IJ~9~, Elbl~t9Ff-lrarily insieeRtal aRe SOCQF!eary t@ rany all@wee priRe:ipal blses ','/itR re~p@@t t@ tR9 type €If blS9~ prQf')QSe9 iR the "PUO C" si~triGt. A. "PIJD I" PlaRRes URit Dev9lef')rneRt IReblStrial (wR9m tRe Ff-la:j9rity @f laRe Y~e i~ e9~iSRatee fer iRQblstrial pblrp@se~) Gl. SiR!319 sr Ff-lbllti f')blrp@se iRebl~trial park~ @f iRRsvative laRs bltilizrati@R GlII@'.\!iR!3 fGr GlR GI~pre€iGlQI@ GlFf-l@blRt €If laRs r9~Srvge fGr @P9R ~pa€B, SBRer@bl~ bblileiR~ setl3aElI<~ '::itR laRS~Elrapee fr@Rt laWRs, GlRS j@iRt bl~ase (WR9rB f9a~iI3IB) sf pafkiR~ aRe st@ra!3B afeas, TRB priRe:ipal blS9S '.vhich FRray Be perFf-littee tR9rBiR ~Rall Be a~ all@',':e9 aRe iR e:9RfGrmaRse .....itR tR9 r€l~bllati@Rs 9~tGll3lisRB8 fsr tRB v3ri@bl~ €9Ff-lFf-lBrc~ial aR8 iRebl~triGlI z@RiR~ ei~tfie:t~ elsewhere e9ssri13ee iR tRis CRapter. 13. Re~is9Rtiral U~e~, ~iFf-lilrar t@ tR9S9 set f@rt!;J iR tR9 "RMF MblltifaFf-lily Re~is9Rtial Di~trict." e:. COFf-lFf-lblnity Fae:i1ity US9S, as all@wge aRe WReR a part @f an iReblStrial @r iR9bl~tri31 e:@Ff-lFf-lere:ial eOV9IopFf-lQnt, as 3PWOV98 by the Citj'; 9)(e:ept tRGlt pblbliG rane s9Ff-li pblBli@ sORools, e:hYrchg~, teFf-lpI9~, syna!3@!3bles ane otRQr plaG9~ sf wer~Rip ar9 8i~QSblrra~ee in tRis eistrie:t blRloss tR9ir IQC3tion~ ar@ appr@v9sl3y tR9 City PlranniR!3 CornFf-lissi@R aRs City C@blRe:i1 eble t@ aR @vorriQing ROOS fer SblSR blse iR aR iReblStrial arora. 3 €I. ~~@siGlI ~)(Se~tisR U~S~, Gl~ €leSiQA3tO€l fGr tRB '/Glriebl~ iR€lbl~tri31 <!:@RiRQ €li~trist~ iR tRB "Ml liQRt MGlRblfGlstblrinQ 3R€lIAabl~triGlI gistrict," FRay 138 GlIISWBa ey riQRt ey tRe CSFRFRissisn ana CSblnsil witRiA 3 "PUg I" €listrist ',':itRsblt reviev: 3n€l a~~rsval ey tAB ZSRinQ ~sar€l sf :'\€ljblstFR8nt, iRslbl€linQ aRY restrictioA~ iFR~sSEl€l thoreeR. TA8 sxtBRt aRa Issatisns tRBr@sf Sh311 eB shovlFl SR tRB sitB Ji)l3n GR€l sSRtaiRea in the I>:bI~~ertinQ €loSblFReflts horsiR rril~blirea, 8. !'.C€SI>:SSI)' Uses, eblstsFRarily iReiaoAt31 aR€l I>:S@SRa3ry ts GlRY allswo€l ~rin@i~al blI>:8, '1:itA rss~s@t ts tRS tY~B sf blSSI>: ~re~SI>:Ba in tRB "PUg I" €listriet. E. Permitted Uses - The uses permitted in a Planned Unit Development shall be enumerated in the approving ordinance with land use descriptions consistent with the Table of Permitted Uses, contained elsewhere in this Land Development Code. A Planned Unit Development may allow a combination of land uses, a specific use, or a class of generic uses, such as single family residential, office, retail, commercial or educational facilities, or a reference to another zoning district. ~,2~.~ PreRieits€l US@I>: F. Prohibited Uses - Uses not expressly permitted in the varisbls <!:sniRQ €listri€t reQbllatieRs sf tRis CR3~tQr are s)(wessly ~rQRieit8a in anr "PUg" aistriet "'Riess stRew:iss ablt!::lsri<!:B€l aR€l a~~rsvB€l e~' tR9 PlanRinQ OA€l ZeAiAQ CSFRFRil>:sisn aRa City CSblReil in eenforFRaRee \VitR the a~~rsviFlQ sr€liRaRee. ordinance approving the Planned Unit Development shall be prohibited. G. Maximum Residential Densitv - The maximum residential density permitted in any PUD-R district, or in a PUD-C district where residential uses are proposed, shall not exceed 1.8 dwelling units per gross acre. For the purpose of this regulation, the density calculation shall include all residential areas of the project and one-half of any abutting street situated adjacent to the project. This calculation shall exclude all proposed non-residential acreage from the gross acreage. H. Densitv Bonus - A proposal for a PUD-R or a PUD-C containing a residential density exceeding 1.8 dwelling units per acre may be considered where the amount of open space area provided exceeds the minimum open space requirement or where additional amenities are provided within the open space area. A PUD proposal which contains a density exceeding 1.8 dwelling units per acre shall only be acceptable in an area consistent with sound land use planning, such as a transitional area situated between commercial uses and less dense residential developments, or near a major street intersection, or for smaller parcels with unique topographical features that make less dense development economically difficult. I. Minimum Residential Lot Size - Notwithstanding Paragraph G above regarding maximum density, the minimum lot size in a PUD-R district shall be 13,000 square feet, with an average lot size of 16,000 square feet. No lot shall have less than 100 feet of width at the building line. The minimum lot size in a Planned Unit Development district shall be stated in the approving ordinance. ~,2J,F OI@SA ~1@300 R@€Ib1ir@FRentl>: J. Open Space Requirements - IR Rssia@Atial PlaAn@a \JAit gevel8~FRSAt aistriets @sntainiRQ H$sia8Atial blses, eSFRFRSA s~en Sf30€8 (wRetRer €le€lio3te€l te ~blelis blse sr sWAe€l aRa FRaiRtaine€l iA €SFRFRSFl BY all sr ~art sf tR@ Se€bI~aRts sf tRe PUg €l8V8IQ~FRORt tRrElblQR a ~r@~erty S'.VFler ass8@iatisFl) 1::IFl€l sR311 Be reserve€l ~riFRarily fsr tRe leisblre aFla resreatisFlal blse sf tREl ~rsje@t's Se€bI~aRts, aFla reaaily ae@8ssiele tRsret@. T!::le ~blaRtity sf e@FRFReR s~eFl s~aee re~blirea sRall @8FRwise R@t loss thaR tv.>SRty (20%) ~ereEilFIt of tHe ~r8.iest amra. Saia s~eFl s~raQ(il may BEl variea €l€l'l:Fl\'Jar€l BY tRB City PlaflFliFlQ afl€l L€lFliflQ CSFRFRissisR ana City CSblFleil '.':!::leA 0 lesser aFRSblnt sf SblCH 9~9R SPO@B '.v9b1la 1313 FRsre a~~rEl~riate ts tRB €leRsity @f ae\'9Ie~FReRt @r size ef faFRilies sr R@blsenolas ~rOp81>:9€l in tRe ~r8.i€l@t, ~Ibls tRe availaBility aRa natblre sf a€lja@eFlt pbleli@ s~eR sp3ee. Fsr tRe ~blr~sse sf tRis CRa~ter, eSFRFRSR €l~eFl spaee il>: aefiRe€l as fsIl9\'/s:AII requests for approval of a Planned Unit Development shall include provisions for open space areas in conformance with the following: 1. Residential Areas - For all residential uses, common open space land, comprising not less than twenty percent (20%) of the gross residential project area, shall be provided for the 4 primary use of the occupants of the residential units. 2. Non-Residential Areas - For all non-residential uses, open space land, comprising not less than twenty percent (20%) of the non-residential area, shall be provided. Said open space area may be the same area as the landscaped area required elsewhere in this Land Development Code. 3. Definition of Common Open Space. For the purpose of this section, common open space is defined as follows: 4.a. Common Open Space may includes: LGlFH;! area @f tR9 €Ievele~~eFlt GI€@s~~iBle te :ma ~sr~GlFlsntly re~Brvo€l fBr tRe €e~~@Fl ~~9 GlFl€! BRjey~eRt @f tR9 e@@~~GlRts 9f the ~reje@t fer IQi~~re 3R€! re@rElGltieFlGlI ~~r~eses, fGr '.'JRi@R sai€! area is Ret @evBrB€! BY B~il€!iR~S, str~€t~r9S er parkiR~ 9x@e~t tR3t r9@r9atisFlGlI fGlsilities em€! str~@tblre~ GlR€I tReir o€€es~epJ blS9S aR€! rBIGlte€l ~Glrl~iR~ ~GlY Be 1€l€Glte€l witRiR sGli€! S@~~@R @~8Fl Sf33@El GIS I@Fl~ o~ tRSir tstal im~Brvi9~s s~rfass~ (~o\'iR~, roef~, st@.) €Ie Fl@t @oFl~tiM8 mere tRGlR five (Iii) ~Elr@sRt sf tREl tetal @@~~@R @~SFl S~GlSEl. i. land area of the development used for aesthetic, leisure and recreational purposes, that is accessible to and permanently reserved for the common use and enjoyment of the occupants of the development, ii. golf courses, parks, and public open space areas adjacent to the development, which are readily accessible, iii. low-impact passive uses include conservation of open land in its natural state (for example, woodland, fallow field, or meadow), neighborhood squares, common areas, picnic areas, community gardens, walking trails, bikeways, other kinds of pathways, and similar low-impact passive recreational uses, or iv. active recreation uses including recreational playing fields, playgrounds, tennis courts, neighborhood pools, and clubhouse structures. 2c.b. Common Open Space does not include: a i. Land areas reserved for the exclusive use and benefit of an individual owner or tenant, e.ii Public or private ~ street right-of-way, parkways, alleys, driveways, parking or loading areas, except as otherwise allowed in paragraph a. above, 6,iii CR~mR Religious institutions or private school sites, or €I, OtRer "'blil€liR~~, str~@t~res @r f-3GilitiEl~ tRGlFl tRess 3I1e'..:s€l iR ~Glm~rGl~R 1. oBevs. 8. Utility BGlSS~ElRts, 3R€I €IF3iFlGl~s SGl~S~ElRts IQs~ tRGlFl eRe R~Fl€lr9€1 (1 QQ') feet iFl '1:i€ltR. iv. street medians or islands. 4. Open Space Design Requirements. a. An application for a Planned Unit Development that includes a common open space area shall include a written description or a plan of amenities, such as landscaped areas, trees and shrubs, sidewalks and trails, benches, pavilions, and play areas, to be included in the open space areas. b. The maximum amount of common open space used for storm water detention or retention purposes shall not exceed twenty-five (25%) of the common open space area. If the open space area contains a retention pond, the pond shall include at least one (1) aeration device, such as a fountain, waterfall or underwater device. c. Common open space areas adjacent to street rights-of-way shall be a minimum depth of twenty-five (25) feet and shall be landscaped to include the retention or planting of one (1) three (3") inch caliper tree per each fifty (50) feet of street frontage, which may be clustered or distributed within the open space area. 5. Guarantee of Common Open Space. In order to guarantee the preservation and maintenance of the common open space, one of the following methods shall be required: 5 a. Public Open Space - Common open space may be conveyed to the City or other public agency, provided the public agency accepts the conveyance and agrees to maintain the common open space and any buildings, structures or other improvements. b. Private Open Space - Common open space may be conveyed to a homeowner's association or property owner's association, provided the declaration of covenants and restrictions that govern the association include, but is not limited to, the following: i. the establishment of the association is made before any lot in the development is sold or any building occupied, ii. membership in the association is mandatory for each building or property owner and any successive owner and give the association the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of the common open space areas, iii. ownership and maintenance of the common open space is guaranteed by a restrictive covenant, which is permanent, running with the land for the benefit of the occupants of the development and state that the association is totally responsible for the maintenance of the common open space and any improvements, iv. submittal of a draft copy of the proposed covenants at the time of preliminary platting, which will ensure the guarantees stated in this section and provides for restricting the use of common spaces for the designated purposes, and v. the plat contains a note stating that the common open space shall be maintained by the home owners association 3.23. G Mnxir:fll,Jffi Rel>:iee~ti31 De~l>:it'l Perr:flittee: nAe De~l>:it..' I~srenl>:o 8@~l,Jl>:es 1, TRe FRGn(jr:fll,Jr:fI fBl>:i6leRtial 6IeRsit~' ~erFRitte61 i~ a~j "PUD R, C aR6I I" 6Iistrist, wRere resi6leRtial ysel>: are ~r@~@l>:e6l, sRall R@t Emsee61 tl;:\9 FR::;udr:fll,JFR rssi6loRti31 6I9RSity liFRits al>: ~9rFRitte61 BY tRe 9}dl>:tiR~ Z@~iR~ slasl>:ifisati@~ iR '::RisR tRe PUD 6Iistrist is ~re~@s961; Emse~t as fQlle'.'1s: U~ElR tRe resei~t Elf a zeRin~ ~etiti@R re€ll,JestiR~ a Ri~Rer 6IoRsity witRiR a PlnRRe61 (.JRit Dg'Jel@~r:fIsRt tRe PlaRRiR~ aR6I LElRiR~ C9FRr:fIil>:si@R Sh311 stY6ly aR6I FR31<:e a fBS9r:f1r:f1eR6Iati@R t@ tRe City C9l,JRSil settiR~ fsFtR a 6IeRsity fQr tRe ~reje@t i6leRtifie61 as '~r@ss resi6leRtial 6IeRsit~.' TRe City CSl,JRsil sRall take tRis r9SSr:fIFRSR6IatisR l,Jn6ler a6lviseFRent at its ReariR~ t@ s9Rsi6ler tRe ~stiti@R. For tl;!e ~l,Jr~ose @f tRis re~l,Jlati@R, "~resl>: rel>:i6leRtial 6IeRsity" l>:Rall FReaR tl;!e Sl,Jr:fI tetnl @f nil resi6lontinl13n61 yse are3(s) @f tRe ~rejest, incll,J6IiR~ @Re Ralf (1/2) sf aRY aBl,JttiR~ streets l@sate61 within tf::lo B9l,JFI€lnry @f tRB ~rejest. 2, D9RSity IRSr9nSe 8@Rl,JSBS. IR aR effert ts iRSHJal>:e tRs €ll,J3lity @f a resi6leRti31 ~lnRRe61 l,JRit 6IEl'JeIS~FReRt tRml,J~R tREl a6le€ll,late ~r@visi8R sf S~SR s~nse, SElr:flr:fll,lRity fmJilitiBs, rBsmati@R mons aRe other siFRiI:ar ar:fleRities aR6I ir:fl~mVer:flORtl>:, tR9 PlaRRiR~ :;m€l L@RiR~ CSFRFRissisR :aR€l City CSl,IRsil FRay a~~re'/o resi6loRtial €!9F~sity iRsroasos fsr tRe aFReRities Iiste€! Belew aR€! iR tRo :lFRSl,IRtl>: ~ressriBe€! tRerefer. a. O~8R s~ass resorv3tieR Sh311 Be s@Rsi€!ore€! for resi€!eRtial €!ElRsity iRSrBal>:eS asssr€!iRg t@ tRe felle\':iRg ~mvisiElRS: I. masR a€!€!iti@R:a1 @Re (1) ~er€eRt (1 3sr@ FRiRir:fll,lr:fl) @f €9r:f1r:f1SR s~eR s~ase (greater tRaR tR@ rS€ll,lireFRElRt set feFtR iR tRe "O~eR ~~nQe R@€ll,lir13r:f19Rts") l,I~ ts a FRa)(jr:fll,lr:fl sf five (~) ~er€@Rt @f tR9 t8tal ~rej9€t :areal>:, if iFR~rsV9€!, ~9rr:flitl>: a FR"mir:fll,lFR iFlQreaS9 8f ~mss resi€!SRtial €leRsity sf si>( (@) ~9rssRt sf tf::l9 total Rl,IFRBer sf l,IRits nll8we€! 8R tl;!e reFRaiRirl~ B:alaR@9 sf tRO l:an€! (3fter tRe Emtra sl3eR s~ase is €!e€ll,Jste€l to BO l,Il>:s61 fQr resi6loRtinl ~l,Jr~sses). If saie a€!€!itisRal SElr:flr:flElR El~SR l>:~ass is l;II~iFRl3rovoe, as 6IofiRo€l aB9vo, tho insr9as9 iR ~r@ss resi€!oRtinl 6Iorll>:ity is re€ll,l@s€l to ORO half (1/2) Elf sb( (@) sr tRreEl (J) ~Or€9Rt. 6 ii. laFls witRiFl Gl SBl;:i~FlGltSS 100 YB:ar floos ~IGliFl ar9G1, @ElFlveyes BY S3l;:SmsFlt Elr sBsi@atss tEl tRS City as f3mmOFleFlt Elf3eFl l;:I3G1@B may rs@sive ossitiElFlGlI seFll;:ity BElmlsss iFl tREl f@IIElvJiFl~ 3m9YFltl;:: GI) /\ss myr (4) ~er€ElRt tEl tREl f3Sr€SRt3Qel;: Iil;:tes iR f33r3QFGlf3R (i) 3B9..,El mr imf3rGvEls €af3eFl l;:I3G1@s; GlRS tRrss (3) f3Sn:;OFlt fElr YRimf3rEl\'ss ElJi)eFl l;:~GI€S '::Rsre SY€R laFls is sssi@ote€! to tREl City, B) /\ss t'llB (2) f3SrcoRt to tRO ~Sf€SRtGl~ElS listEl€! iR ~:af:lQraf3R (i) GlBElVS fElr im~f€lV9S Bf3SR l;:~O€El; GlRS EmB (1) f3sr€SRt for YRim~f€lVBS Bf3BR l;:Ji)3€El WRElrEl l;:Y@R 13RS il;: @ElRVBj'SS BY ElaSemsRt tEl tRS City. B. OBsiQati€aR €af ~YBli€ s@RElElI Elr ~3rl~ l;:ites mGlY BS @ElRSiBBr9S €GlYSS fElr BBRl;:ity iFl€reaSS \VRSR SYQR sitBl;: arB Elf SyUi@i9Rt si<lEl aFls f3fElf3srly IElQatss se GIS tEl f3m'/isEl a sirEl€t BSRBfit tEl tRS @ElmmYRity. Uf3 tEl t\'JSRty (20) f3Sr€SRt iR€rB3SEl iR sSRsity Elr flElElf GlrI9G1 FGltiEl, VJitRiFl tRS ~rs~€aSBS sElVSle~mEmt mGlY BEl ~rGlRtss By tRB PlarlFliR~ GlRS ZORiRQ CElmmissiElf-l lims City CElYR€il wRers SY€R sits sssi@atieRl;: @eFlfElrm iR ~eRElral IEl€Gltief-l :aFlB sizEl te tRS City's latest a~~rElvss C9m~reReRl;:ivs City PI3R aRs S@RElElI Oil;:tri@t's ~sFleFGlI retjYirSmsRts. .''.11 sssi@etieFls, '.vRetRsr mr s@RElElI ef ~3rk ~Yr~Elsss, SR311 BS mGlsEl iR fGlver Elf tRS City, e. IFl Fle e3se SR311 BeRYS iFlereGlsss S)(@SBS fifty (50) ~BresRt Elf the tot:al 9f GlII GlssitiElFlGlI BeFlYS ~Br@BFltGl~SS os€!ss t9~stRBr mr GlFl)' ~Yrf3Ell;:ss, .^.II iFl€rsases sR:a1l BS tGlkSR eR tRS sams iRitial "Qress resissRtiGlI seRsity," J,2J.H (;;Y3r:al1to@ Elf CemmeR O~Em S~a€s CElmmElFl ef3ElFl s~aeB ~rElvisEls iFl GlFlY "PUD" sistriet l;:RGlII Bel ~Y3r3RtBBs BY GI rsstri@ti'lB eeVSFlGlFlt a@s@riBiFl~ tREl Elf3BFl s~:aes GlFlS its YSElS, mQiRtBRQR€S GlFlS imf3rElVElmBRt rYFlRiFlQ .....itR tRS I:aFla fGr tRe B8FlElflt €If tR8 El@@Y~GlRtS, €ar pYBlie, €af tRS PUO €!ElvBI€a~mBRt. TREl appli€GlFlt fElr 3 PUO mGlY filB witR s3is PUO zeFliFl~ applicotioR a SrGlft eepy €If tRS pmpesea €eVeFlaFlts 'l:Rich will presY€El tRe amresaie syar-3RtBes ans, iR parti€Ylar, will previas fer r9stri€tiR~ tRS yse €If @ElmrflOR s~a€es fGr tRS sssi~Flatee pyrpeses, fGr ~BReral rS'/ie\': aRe apprElval BY tRe PlaRRiR~ eRe ZeRiR~ CElmmissiElR, /\t tRS time a "fi RGl I plat" €If tRB €!8':€lle~meRt is filEle V:itR tRS City mr ap~reval, tREl fiRGlI IEl~al S9CymElRtl;: re~areiR~ tREl apprevBs €eVElRaRts relative tel tRS ep€lFl SPO€El, sRall BS sYBmittss tEl thEl City fer a~pf€lval. IR erssr te QY3raRtes tRB ~reservatieR GlRS maiRtsRaR€S €If tR8 @ElmmeR e~ElR s~a@e, €IRS €If tRe mlle'.\'iFl~ metRElSS ~Rall Be rB~Yir:es BY tRe City fElr City CeYR@il :a~J9rElval: 1. It mGlY B@ @el1vByoa te tRB City er etR@r pYBli@ :aQBRCY v:Ri€R 'l:iII aQrEls tEl maiRtaiFl ths GemmeR eJ9SR spa@B aR€I aRY pBF-mittes BYilsiR~s, strY@tyr8S sr etRer im~F@'..'BmeRts ~la@s€I tRBreeR. 2. If tRS GemmeR epBR spa@B is Ret @ElRVSYS€I t9 tRB City er etRBr pYBli@ a~sR@Y, tRB QSVeRaRts Qe'JerRiR~ tRB yse, imf3reVElmeRts, GlRa maiRtElRaReB €If tRS @ElmmeR opeR spa@El may aYtRElri<lEl tRS City er 9tR9r ~YBli€ a~sRey tEl SRmr@El tRElir pre\'isieRs, J. If aeese€! te a J9reJgerty e\\'RElrS assB@iatieR er trystElEls tRerElef, tREl sEl@larJtiElR €If QeVElRaRts JRS rElstriQtieRs '.':Ri@R is tEl ~evsfFl tR@ :asseeiJtieR sRall iR@IYSEl, BYt Flet Be limitB9 te, tRB fBlle'::iRQ: a. MsmBBrsRi~ myst Be maRsatElry fer El3Gh BYil9iA~ er preJgerty BY~"Elr ana :any SYGGElssivc BYY8r, aUe@t9s Bj' tR8 @emmeFl eJgen s~aGo, B. TRS @emmeR eJ9BR s~a@e rsstri€tieRs myst BB ~BrmanBnt, ORS Ret jyst fer a Jgeries €If YSJrs. e. TR8 al;:se@iatieR sRell Be t9t:ally F€ls~ElRl;:iBls mr liaBility, iRSyr3R@S, lecGlI t3XBl;: (if GlSSessBs), :an€! thB maiRtoRaFlEie €If tRe GemmeR epeR S~OGe aRe aRY im~rEl!JsmeRts tRerElElR. €I, ."<"SEits€! ~repElrty ewnBrs shGlII pay tReir ~re rata sRare €If GIll Bests 3SS9€iates tRem'.'/itR; GlRY asSel;:SmeRt IElvies BY the asse€iotion caR Be@emEl a lieR eR tRe pre~Elrty. e. TRe 3sso€liatieF-l myst Be aBls te e€ijYst the aSSBSl;:F-fleFlt rate to meet €lhoFl~iRS ReBss. J.2J.1 SCr9ElRiR~ aRs l::u:jesc3Ige RB€lYiromsRts Re€lYirorflORtS ans l;:taRsarss fer s€rseFliRQ ef GBrt3in fO&i€lOFlti:a1 ons nBn fO&isoFlti31 Y&BS in :any "PUD" 7 aistriet st:lall 8€l r13€lYirea aRa iR eeRf@rmaR€e v/itt:l tt:le pF€lvisieRS fm "FeR€ElS, Free StlaRaiR~ '3\1alls, laRa SGrElgRiR~ MatBri31~" sf tt:li~ Ct:lapter. ^re:a~ witf;:JiR 3RY "PUQ" ai~tFiGt Ret Y~Ela f9r 8YilaiR~~, reaa\'.'ays, arive~, p3rkiR~ areas aRa etf;:Jer ~ifllilar fe:atYre~ ~f;:Jall 8El 13Ra~€apea witf;:J ~r3~s, st.:ln,l8S, treEl~ aRa ett.:l€lr :a~l9rQpriat9 ve~etativG eever, aRa l;:\J€t.:l sf;:Jall be maiRtaiRea iR aR aGstt.:l13tie t.:lealtRY ~re\',!iR~ eeRaitieR. J.2J.J ^sees~ aria CirsylatieR 1. 'Iet.:lieYlar J'.SS€lS~ PriReipal vElRiGylar a€€es~ PQiRt~ sf;:Jall Be ae~i~Flea te permit smeetf;:J traffie fI9\'.' '!.'itf;:J miRimym hazara~ te vBt.:li€yl:ar or ~9aestriaR traffis. 2. I!!mer~9RGY ,A.Geess let~ er tra€ts iR ar:lY "PUQ" ai~tri€t wf;:Jief;:J ae Ret aByt a pYBlie street er alley st.:lell 8e previaea \'.'itf;:J aR "Bmer~eR€Y :a€SElSS easemeF-!t" aoaisatea t@ tf;:Je City, 9f Ret IBS~ tf;:JaR tWEmty (20) feet iR \'/iatf;:J. Sysf;:J BasemeRt sf;:Jall Be p::wsa witf;:J aR all wB:atf;:Jer ariviR~ SYffaS9, aRa 'A'itt.:l syet.:l tYrRiR~ Faaii aRa tyrRareYRaS at tt.:lg tBrmiRal eF-las se a~ te permit tt.:le free YF-!e8stry€tea m9vemeRt €If Elmer~Emsy er City e€lYipmElRt te ~aiR aesess aRa egress te tt.:le let er traet. ~le eBstrYetieF-l~ 9r parl,<iRg st.:lall Be permittea witt.:liR er alle\':ea te iF-!t13r:fere \':itf;:J tRe fylI YSEl €If syet.:l emer~eRey assess eaS€lmBRt, aRa saia ea~BmeRt sRall Be permaF-lBRtly marl~ea er si~Rea t9 iaEmtify its iRtElRaea Yse. Tf;:Je \Veras "Fire laRe" may Be ysea te aesi~F-late ~YSf;:J easemElF-lt. J.2J,K MiRimym let Size Re€lYiFOfllBRts; MiF-limym Yara Re€lYiremBRt~; M:aximym QYilaiF-l€l Hei€lf;:Jt; laF-la MGU(imym L9t CeVem€lB TRB FRa}(ifllYFR f;:Jei~l:1t, let wiatA, let aBptl:1, fleer area mtie :aF-lalet area, aRa tAB FRiF-lifllYfll €Iff ~treet parkiF-l~ aF-laleaaiF-l~ re€lYireflleF-lts fer yses pro~9~ea ~f;:Jall BB est:abli~f;:Jea fer BasA PI:aF-lRea Qevel9~flleRt Qistriet, aRa SYSR ~taRaaras eRa re€lYireflleRts sAall sefllply witf;:J er Be fllere restristive tf;:JaR tf;:Je staRaaras El~taBlisAea iR tAG fellewiR~ aistrists f9r tt.:le s~esifjea tY~B yses: G-l2O G-G M-k TRe PlaRRiR~ i. ZeRiR~ CeFRfllissieF-l aRa City CeYF-!sil flla;,' alter SyeA rB€lYireflleRts WABR iR tf;:Jeir e~iRieR tf;:Je ~r;epes9a aElVelepflleRt aeRsity aRa laRa yse arraRsefllElRts sRe'.VR eR tAe site plaR \':9yla resylt iF-l a flleFB iRRevative ~itiR~ €If BYilaiR~~ aF-la fasilities v:Risf;:J '.':eyla ifllpreVEl tf;:Je YSElfylF-lBSS ef ,3ra areas 3F-la tf;:Jeir relatieRsf;:Jip te traffis sireYlatieF-l, aafllittaRse €If 1i~f;:Jt aRa air te eYilaiRSS, fire pretssti9R aRa ysaele epBR spase, TA9 a':era~e let SiZ9 iR PUQ R is 1G,990 ~€lYare feet, '.vitA a flliRiFRYfll let si2ie ef 1J,900 ~€lYare feet. FYFtf;:JerFRere, tf;:Je let fr9F-lta~e fllay ee aajy~tea te Be eeRsi~t@Rt V:itA aEljaseRt preperties eR tf;:JB safll9 strB€lt BYt sf;:Jall Ret bB le~~ tAaR 100 foot. J.2J.M Off Street Parl~iR€I aRaleaaiR€I Re€lyirBR=lBF-lt~ Off ~treet parkiRg 3Fla 19aaiF-l~ re€lYirefllBF-lt~ J3eFtaiRiRS te yses 3I1e\':ea iR thi~ aistrist sf;:J311 seRferfll with tf;:JB pre'/isieFls fer "Off Street Parl~iR~ RB€lYir9flleF-!t~," aRa "Off Street le:a9iF-lS Re€lYir9flleF-lt~." J.2J. N Site PI:aR aRa SYI:H~ertiF-!€l DB€lYfllBRtS RS€lyirea ,^.F-lY applisatiBR fer a sAaR~B iR Z9RiR~ aistriet BeYRa:ari9~ eF-! tf;:Je "OffiEiial leFliR~ M:ap" te BstaBlisf;:J aRY PIJQ R,C, er f aistriet ~f;:Jall Be aseempGRiea BY a sits pl::;lR aRa syppertiR!) E!O€YflleRts tAerefers, iF-! seRferFRaFlSe '.'Jitl:1 tAB previsi@RS ef ChaptfJ( 1 GfJf1fJra! .q(fwisi€Jf1s ef tAis l:aFlE! Q9v91epflleRt Ceas. 8 J.2J. 0 ~1@tblJ::@ @f ^mmH;liR~ Orr;liR@REle /'.~~mViR€I an': "PUO" Oi~tJ::i€t ZSRin€l CR3R€lO IR a~~reviR!j aRY r9€1blest fer a 2iElFIiR!j eR3R!je fer a "PUO" ai~tJ::iet tRe Cit>/ CeuReil sRall, U~SR r9ElSllUfleRa3tieR @f tRe PlaRRiR!j aRa ZeRiR!j Cemmi~sieR, iReerpSJ::ate iR tRe @mEmaiR~ eJ::aiRaRee refeHlRee ts tRe a~~m'Jea site ~laR, sU~~9rtiR~ agE:)blmeRt~ 1m€l ether EleR€litisRS @r restJ::iElti@RS im~e~ea 9R tRe ~r@jeet BY tRe C@mmissiElR, iRelbl€liR!j tRess sf the CSURGil. TRe (;l~~mvGlI aR€l a€ls~tisR @f tRo ameR€liR~ sJ::€liRaRse BY tRe City CSblReil ~Rall result iR tRe Gl~~m~riate ElRaR~e ts tRe "OmGial ZSRiR~ Mal3." Wsv:sver, tRe 2i@RiR~ eRaR!je €lees RSt eSRstiMe reesr€liR~ sf a "FiRal Plat" Rsr abltRsrize tRe iSSbl(;lREl8 sf Bblil€lirt~ ~ermits aR€l "eertiHElates sf EleElbl~aRsy," uRtil sblsR time as a "FiRal Plat" 3n€l S\;lI3~Sr:tiR~ le!jal aR€l eeRstrblEltiElR €lEleUmElRts R3'/e BeeR 13J::@~3re€l aR€l sblBmitte€l fer City CeblReil al3l3r8val eR all Elr l3art sf tRe I3r@~sse€l G!g'Jels~ment, iR ElsRfsrmaRee v:itR tRe ~Iattin!j J::e€lUiremeRt~ aR€l preseablres sf tRis laR€l Devele~meRt CElae. J.2J,P Re€lblire~eRt~ fGr "FiRal P13t" ~blBmis~ioR FslI@vJiR€I ZSRiR€I CR3R€lO 'A'itRiR a ma}dmblm ef ~ix (G) e@Rsesbltive mSRtR~, fslle'!JiR~ a~pre'Jal ef tRe "PLIO" aistri€t 2isRiR!j sR3R!je BY tRe City CElblRElil, tRe (;l~plisaRt sR311 file '1:itR thEl City PI3RRiR~ an€l ZSRiR~ CemmissisR a "FiRal P13t" aRG! Reee~~arJ SUI3~SrtiR~ G!ssUmElRt~ ef all sr 3 ~@rt sf tRe PUO G!istriet site, iR eeRfGrmaRee witR tRe C!-1&1fJte,' f1 .o~ii1t Re'/fel': Pmseoo.~s ef tRis LanG! Oevel@pmeRt C@€le. .!I.t its €li~sreti@R aRG! fsr !jssa S3101~e, tRe PlaRRiR!j (;lRG! ZeRiR~ Csmmi~siElR may EmteR€l fGr she (G) mElRtRs tRe l3erisG! sf ~liR!j fGr tRe "FiAal Plat" bll3eA ""ritteA re€llolest Bj tRE;! al3l3lieaRt. ~RSlollG! tRe a~~li€GlRt fail t@ sUBmit GI "FiRal Plat" '.\'itRiR tRe six (G) meRtR l3eri9Gl fGII9\'JiR~ City CeuA€il a~prev@1 Elf tRe ZElRiR~ eRGlA~e, er lily tRe termiRati9R Glate ef tRe filiA!j ext@RsisR !jraAtea BY tRe PlaRRiR~ aR€l ZeRiR~ CemmissieR, tRe Cemmissi@R mey iAitiate pr9see€liA~s IJRfie,~ Ck3pte.~ 1 GSRsnil! H"{)'AsieRs ef tRis LaRa Devele~meRt C@ae re!jaraiR!j ".^.meRamemts, Fre€lueRsy ef Petiti@R aRa ~itB PlaR Re€lbliremeRts: ZeRiR!j GlR€l S~esiGlI Use Permits," te ameAa tRe Omeial ZeRiR~ Map BY remeviA~ all sr ~art ef tRe PlaRRe€l URit De':ele~meRt (PUD) frem tRs Om€ial ZeRiA~ Mal3 aR€ll3laEliR!j tRe Glr9a iRvel'/eGl iR angtRer a~~r9~riate 2@RiR!j aistriet. TRe City CeuReil m3Y 1oI13Rel€l tRe CElmmissiElA'S J::@eemmem€latiElR GlA€l ~re€BeGl tEl eGlvertisB aRa RElI€l a ~uBli€ ReGlriR!j tRereeR, er mGlY elest ts eeRtiRloIB tRe PUO G!istriElt 2eRiR~ Ellassifi9G1tiElR iR eUest. J.2J.Q Cem~liaf.:lse v:itR DBVgls~meRt ~ElRgaule :'\A Gl~~liElatiElR fer @ PlaAAea \JAit DBVgl@~meRt Oistri€t sRall ~e 3G9Bm~GlRiea BY a aevBI@~meRt seRsGlulg iAGli@GltiA~ tRe al3we~Fiate aGlte @R '.'.!RieR SBRstJ::uetieR i(;; B)e~estea tEl BB~iR aR€l tRe r.ate ef eAtisipateGl €lElvglO~meRt tEl sem~letisR. TAB aovele~mef.:lt sElRe€lulo, if a€le~tBGl aR€l a~~revsa BY tRe City CeUR€i1, sRall lile€Elme l3art Elf tRe €le'.'BI@~meRt ~"aR aR€l Sh311 Be a€lRBreGl te BY tRe e'.VAer, €levele~Br eA€l Ris sys@essers iR iRt9rgSt. TRe €lBvBIEl~meAt seR8alolle sRall ~e Fevie'.veGl Glf.:lAblall~' BY tRe BloIilGliA!j IRS~e€tBr, aRa Re sRall re~ert t@ tRB PI:aAAiA~ aRa ZeRiR!j CElmmissiElR tRe Gl€tlolal aB'JelEl~meAt GI€@eml3lisRBa iR tRe vGlrieus PlaAAea DElvelEl~meRt DistJ::ists GIS eElm~GlF9Gl witR tRB €levele~mBAt S€Re€llolle. TRB PIJAAiA!j GlRa ZeRiA!j CemmissiElA mGlY, if iA its @~iAiElA tRe eVJABr @r @'.':Rers ef ~rel3er:ty GlFe failiA~ er RGlve faile€l te meet tRe @~~Fsvee! s€f::lee!blle, iRitiGlte ~reeeeGliA!js loIR€ler CRafJt@.~ 1 Gcmem! PIfN.isiens Elf tRis laAe! DEl'/elel3meRt Ceae J::@!jGlr€liR~ u:\meRamEmt(;;, Fre€lbleReYElf PetitieA GlRGl ~it@ PIGlR Re€lbliFemeRts: ZeRiR!j aAe! ~~e€ial Use Permits," tEl ameRa tRe Omsial ZeRiR!j MGI~ Elr tRe PIGlRRe€l Oe'.'@le~meRt Distriet lily reme",iR!j all Elr ~art ef tRe PI3AABa Devele~meRt Distri@t fFem tRo Omeial ZeRiR!j Ma~ GlR€l ~IGsiR~ tRe are:;t iA'/elvea iR GlA@tRer a~~re~FiJte zeAiA!j Glistri@t. lJ~BA tRB F@eemmeRaatiElA @f tRe PlaARiR!j 3AGl ZeRiR~ CemmissieR GlRe! fElr !jeea ElalolSe sRev:R BY tRe @\'JFIBr aA€l aevele~Br, tRe City CelolReil may alse e)eteRa tRe ae\'els~meFlt sSReGlule er a€le~t Sbl€R Re'.'1 €levelepmoRt ~€Reaule 3S may Be iRGlisatee! lily tRe fasts aRa eeRG!itiBAS @f tREl easo. K. Special Submittal and Exhibit Requirements - To facilitate the review and public hearing process, all applications for a Planned Unit Development shall include the following documents and exhibits: 1. Application - These forms are furnished by the Administrative Official. 2. Application Fee - No application shall be processed or scheduled for public hearing until the application fee has been paid. 9 3. Statement of Planning Objectives - The developer shall provide a written statement of planning objectives which describes the nature and character of the proposed development, any proposed development standards, and the rationale behind the assumptions and choices made by the applicant, including use and ownership of any open spaces, etc. 4. Legal Description - A written metes and bounds description of the total site area proposed for the Planned Unit Development. 5. Development Schedule - A development schedule indicating the target dates for the start and completion of the project, including any key dates of phasing of the project. The development schedule, if adopted and approved by the City Council, shall be incorporated into the approving ordinance, which shall be adhered to by the owner, developer and his successors in interest. If upon review by the Administrative Official, the owner or owners of property fail to meet the approved schedule, the Planning and Zoning Commission or City Council may initiate proceedings under Chapter 1 - General Provisions of this Land Development Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case. 6. Site Plan - The Site Plan, which may be conceptual and general in nature, but in sufficient detail appropriate for the type of development being proposed and shall at a minimum include the following items, where applicable: a. Proposed layout, indicating the approximate size and dimensions of all residential and non-residential lots b. Proposed land uses and building locations c. General elevation drawings of all non-residential structures indicating building height d. Landscaping, lighting, fencing and screening of common areas e. General locations of existing tree clusters f. Location and construction type of perimeter fencing h. Design of ingress and egress with description of any special pavement treatments i. Calculations and location of off-street parking and loading facilities j. Location and type of all commercial signage and lighting, including pole heights, for parking lots and common areas k. Location and description of subdivision signs and landscaping at entrance areas I. Street names on all proposed streets m. Drainage analysis Exception: A Planned Unit Development application may be submitted and approved without a Site Plan, if the approving ordinance contains sufficient written detail to establish all site criteria. L. Optional Preliminary Plat Submittal - To expedite a development proposal for a Planned Unit Development, a developer may submit a separate application for a Preliminary Plat, which meets all of the requirements specified in Chapter 8 of this Land Development Code for a Preliminary Plat submittal, and which may be processed and reviewed concurrently with a PUD application, provided that no Preliminary Plat application shall be approved prior to the approval of the PUD application. The developer shall request a waiver of the 30 day time limit for Preliminary Plat approval where such application runs concurrently with a PUD application. M. Approval Process a. Application - An application for a Planned Unit Development shall be submitted and processed using the same requirements used for submittal of a rezoning request, which shall be reviewed and considered in accordance with the procedures specified in Chapter One of this Land Development Code. 10 b. Conditions Related to Approval - In establishing a Planned Unit Development, each application shall be evaluated by the Planning and Zoning Commission and City Council as to its probable effect on the adjacent property and the community. The Planned Unit Development may be approved or denied as the findings indicate appropriate. The Planning and Zoning Commission may recommend and the City Council may approve safeguards or conditions of approval to reduce the effect on adjacent or surrounding properties, which may include any or all of the following site conditions: i. Accessory buildings ii. Building and structure heights iii. Drainage iv. Exterior construction materials v. Exterior lighting vi. Fire protection measures vii. Hours of operation viii. Land uses ix. Landscaping and open space x. Lot coverage, density & setbacks xi. Lot sizes and dimensions xii. Outside storage and display xiii. Pedestrian circulation xiv. Public street access xv. Refuse and waste storage xvi. Screening or buffer areas xvii. Signs xviii. Vehicle traffic, circulation, and parking lots xix. Other conditions deemed appropriate xx. Project phasing and development schedule c. Modification of a PUD requirement - The Planning and Zoning Commission may recommend and the City Council may approve a proposal for a Planned Unit Development that includes a provision which modifies any requirement contained in these Planned Unit Development regulations. d. Amending a Planned Unit Development - Changes to a Planned Unit Development or to its approved Site Plan shall be processed in the same manner as the original request. However, the administrator of this Code may approve minor modifications in an approved Concept Plan, provided the modifications: i. Do not alter the basic physical relationship of the property to adjacent property; ii. Do not change the permitted land uses; iii. Do not increase the maximum density, floor area, height; or, iv. Do not reduce the minimum yards or setbacks. J.2J, R ~ffG€t @f tl;!is ~e€ltiQFI GlF-lS Relates SY8~8€tieF-ls SF-l PrElviey~ly .'\1il1il~9'JElS "PUD" ZeF-liF-l€l Cl;!aF-l€l8S N. Effect of this Section on Existing Planned Unit Developments - Previously approved PUD amending ordinances to the City's preceding zoning ordinance and Land Development Code, including accompanying plans and supporting documents, tRBrBgf, shall remain in full force and effect with respect to this Chapter and shall not be made to comply with the provisions of this Chapter. Where a prior ordinance fails to provide adequate information regarding minimum lot sizes, lot width, lot depth, set backs, building heights and maximum lot coverage, the requirements contained in Section 3.24.G shall prevail. 11 Proposed PUD Ordinance ORDINANCE 0-05-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 3,23 PLANNED UNIT DEVELOPMENT REGULATIONS, OF THE LAND DEVELOPMENT CODE, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000,00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning regulation; and WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding Planned Unit Development regulations; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the zoning regulations to the City Council; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes tozoning regulations, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the persons interested, the governing body of the City of Colleyville is of the opinion that said change in zoning regulation should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3.23 - PUD-R; C; I; of the Land Development Code, is hereby amended in its entirety to read as shown in the attached Exhibit "A", Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-05-xxxx Page 2 of2 THAT Ordinance 0-00-1214, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. IF any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. IN addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT this ordinance shall take effect immediately from and after its passage. 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. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AND IT IS SO ORDERED, The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM Matthew C. G. Boyle City Attorney Exhibit "A Exhibit "Section 3-410 PUD Planned Unit Developments A. Purpose - The purpose of a Planned Unit Development (PUD) is to provide for greater flexibility and discretion in the approval of residential, non-residential and mixed use developments by encouraging creative, efficient and aesthetically desirable residential and commercial projects that are superior to what could be accomplished in other zoning districts through the use of increased open spaces, greenbelts, or by providing enhanced amenities or features within the development that will be of special benefit to the property owners or to the community. B. Ordinance Required and Effect on Official ZoninQ Map - Every Planned Unit Development approved under the provisions of this section shall be considered an amendment to the Land Development Code and Official Zoning Map of the City of Colleyville, Texas. In approving any request for a Planned Unit Development district, the City Council shall, upon recommendation of the Planning and Zoning Commission, incorporate in the approving ordinance reference the approved site plan, supporting documents and include other conditions or restrictions imposed on the project by the Commission, including those of the Council. The approval and adoption of the amending ordinance by the City Council shall result in the appropriate change to the "Official Zoning Map." C. General Development Standards - The standards and requirements set forth in the Land Development Code shall be applicable to every Planned Unit Development, except where a new or different standard or requirement has been set forth in the ordinance establishing the PUD district. Such standards or requirements may be in addition to or in lieu of a development standard contained in the Land Development Code. The ordinance creating the Planned Unit Development may establish these requirements specifically in the ordinance or by reference to another zoning district. D. Classification of Planned Unit Developments - The approving ordinance establishing the Planned Unit Development shall include one of the following classifications, which shall also be shown on the Official Zoning Map using the applicable letter symbol. Planned Unit Development Classifications PUD Classification Planned Unit Development- Planned Unit Development - Residential Commercial Map Symbol PUD-R PUD-C Primary Uses Allowed Planned developments Planned developments containing primarily residential containing primarily commercial, dwelling units grouped into offices, professional services, clusters, which may have a retail and institutional uses and higher density than a facilities or combinations thereof conventional single family developed in accordance with project of the same acreage, an overall development plan, but where an appreciable which may include a small amount of land for open space residential component, such as is reserved for the use of the a mixed use, provided the residents or where an area maximum ratio of residential is exhibiting environmentally specified in the approving significant or natural features is ordinance. preserved. E. Permitted Uses - The uses permitted in a Planned Unit Development shall be enumerated in the approving ordinance with land use descriptions consistent with the Table of Permitted Uses, contained elsewhere in this Land Development Code. A Planned Unit Development may allow a combination of land uses, a specific use, or a class of generic uses, such as single family residential, office, retail, commercial or educational facilities, or a reference to another zoning district. F. Prohibited Uses - Uses not expressly permitted in the ordinance approving the Planned Unit Development shall be prohibited. 1 G. Maximum Residential Density - The maximum residential density permitted in any PUD-R district, or in a PUD-C district where residential uses are proposed, shall not exceed 1.8 dwelling units per gross acre. For the purpose of this regulation, the density calculation shall include all residential areas of the project and one-half of any abutting street situated adjacent to the project. This calculation shall exclude all proposed non-residential acreage from the gross acreage. H. Densitv Bonus - A proposal for a PUD-R or a PUD-C containing a residential density exceeding 1.8 dwelling units per acre may be considered where the amount of open space area provided exceeds the minimum open space requirement or where additional amenities are provided within the open space area. A PUD proposal which contains a density exceeding 1.8 dwelling units per acre shall only be acceptable in an area consistent with sound land use planning, such as a transitional area situated between commercial uses and less dense residential developments, or near a major street intersection, or for smaller parcels with unique topographical features that make less dense development economically difficult. I. Minimum Residential Lot Size - Notwithstanding Paragraph G above regarding maximum density, the minimum lot size in a PUD-R district shall be 13,000 square feet, with an average lot size of 16,000 square feet. No lot shall have less than 100 feet of width at the building line. The minimum lot size in a Planned Unit Development district shall be stated in the approving ordinance, J. Open Space Requirements - All requests for approval of a Planned Unit Development shall include provisions for open space areas in conformance with the following: 1. Residential Areas - For all residential uses, common open space land, comprising not less than twenty percent (20%) of the gross residential project area, shall be provided for the primary use of the occupants of the residential units. 2. Non-Residential Areas - For all non-residential uses, open space land, comprising not less than twenty percent (20%) of the non-residential area, shall be provided, Said open space area may be the same area as the landscaped area required elsewhere in this Land Development Code. 3, Definition of Common Open Space. For the purpose of this section, common open space is defined as follows: a. Common Open Space may include: i. land area of the development used for aesthetic, leisure and recreational purposes, that is accessible to and permanently reserved for the common use and enjoyment of the occupants of the development, ii. golf courses, parks, and public open space areas adjacent to the development, which are readily accessible, iii. low-impact passive uses include conservation of open land in its natural state (for example, woodland, fallow field, or meadow), neighborhood squares, common areas, picnic areas, community gardens, walking trails, bikeways, other kinds of pathways, and similar low-impact passive recreational uses, or iv. active recreation uses including recreational playing fields, playgrounds, tennis courts, neighborhood pools, and clubhouse structures. b. Common Open Space shall not include: i. land areas reserved for the exclusive use and benefit of an individual owner or tenant, ii. public or private street right-of-way, parkways, alleys, driveways, parking or loading areas, iii. religious institutions or private school sites, or iv. street medians or islands. 2. Open Space Design Requirements. a. An application for a Planned Unit Development that includes a common open space area shall 2 include a written description or a plan of amenities, such as landscaped areas, trees and shrubs, sidewalks and trails, benches, pavilions, and play areas, to be included in the open space areas. b. The maximum amount of common open space used for storm water detention or retention purposes shall not exceed twenty-five (25%) of the common open space area. If the open space area contains a retention pond, the pond shall include at least one (1) aeration device, such as a fountain, waterfall or underwater device. c. Common open space areas adjacent to street rights-of-way shall be a minimum depth of twenty- five (25) feet and shall be landscaped to include the retention or planting of one (1) three (3") inch caliper tree per each fifty (50) feet of street frontage, which may be clustered or distributed within the open space area. 3. Guarantee of Common Open Space. In order to guarantee the preservation and maintenance of the common open space, one of the following methods shall be required: a. Public Open Space - Common open space may be conveyed to the City or other public agency, provided the public agency accepts the conveyance and agrees to maintain the common open space and any buildings, structures or other improvements, b. Private Open Space - Common open space may be conveyed to a homeowner's association or property owner's association, provided the declaration of covenants and restrictions that govern the association include, but is not limited to, the following: i. the establishment of the association is made before any lot in the development is sold or any building occupied, ii. membership in the association is mandatory for each building or property owner and any successive owner and give the association the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of the common open space areas, Hi. ownership and maintenance of the common open space is guaranteed by a restrictive covenant, which is permanent, running with the land for the benefit of the occupants of the development and state that the association is totally responsible for the maintenance of the common open space and any improvements, iv. submittal of a draft copy of the proposed covenants at the time of preliminary platting, which will ensure the guarantees stated in this section and provides for restricting the use of common spaces for the designated purposes, and v, the plat contains a note stating that the common open space shall be maintained by the home owners association K. Special Submittal and Exhibit Requirements - To facilitate the review and public hearing process, all applications for a Planned Unit Development shall include the following documents and exhibits: 1. Application - These forms are furnished by the Administrative Official. 2, Application Fee - No application shall be processed or scheduled for public hearing until the application fee has been paid. 3. Statement of Planning Objectives - The developer shall provide a written statement of planning objectives which describes the nature and character of the proposed development, any proposed development standards, and the rationale behind the assumptions and choices made by the applicant, including use and ownership of any open spaces, etc. 4. Legal Description - A written metes and bounds description of the total site area proposed for the Planned Unit Development. 5. Development Schedule - A development schedule indicating the target dates for the start and completion of the project, including any key dates of phasing of the project. The development schedule, if adopted and approved by the City Council, shall be incorporated into the approving ordinance, which shall be adhered to by the owner, developer and his successors in interest. If upon review by the Administrative Official, the owner or owners of property fail to meet the approved schedule, the Planning and Zoning Commission or City Council may initiate proceedings under Chapter 1 - General Provisions of this Land Development Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the 3 Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case. 6. Site Plan - The Site Plan, which may be conceptual and general in nature, but in sufficient detail appropriate for the type of development being proposed and shall at a minimum include the following items, where applicable: a. Proposed layout, indicating the approximate size and dimensions of all residential and non- residential lots b. Proposed land uses and building locations c. General elevation drawings of all non-residential structures indicating building height d. Landscaping, lighting, fencing and screening of common areas e. General locations of existing tree clusters f. Location and construction type of perimeter fencing h. Design of ingress and egress with description of any special pavement treatments i. Calculations and location of off-street parking and loading facilities j. Location and type of all commercial signage and lighting, including pole heights, for parking lots and common areas k. Location and description of subdivision signs and landscaping at entrance areas I. Street names on all proposed streets m. Drainage analysis Exception: A Planned Unit Development application may be submitted and approved without a Site Plan, if the approving ordinance contains sufficient written detail to establish all site criteria. L. Optional Preliminary Plat Submittal - To expedite a development proposal, a developer may submit a separate application for a Preliminary Plat, which meets all of the requirements specified in Chapter 8 of this Land Development Code for a Preliminary Plat submittal, and which may be processed and reviewed concurrently with a PUD application, provided that no Preliminary Plat application shall be approved prior to the approval of the PUD application. The developer shall request a waiver of the 30 day time limit for Preliminary Plat approval where such applications run concurrently with a PUD application. M. Approval Process a, Application - An application for a Planned Unit Development shall be submitted and processed using the same requirements used for submittal of a rezoning request, which shall be reviewed and considered in accordance with the procedures specified in Chapter One of this Land Development Code. b. Conditions Related to Approval-In establishing a Planned Unit Development, each application shall be evaluated by the Planning and Zoning Commission and City Council as to its probable effect on the adjacent property and the community. The Planned Unit Development may be approved or denied as the findings indicate appropriate. The Planning and Zoning Commission may recommend and the City Council may approve safeguards or conditions of approval to reduce the effect on adjacent or surrounding properties, which may include any or all of the following site conditions: i. Accessory buildings ii. Building and structure heights iii. Drainage iv. Exterior construction materials v, Exterior lighting vi. Fire protection measures vii. Hours of operation viii. Land uses ix. Landscaping and open space x. Lot coverage, density & setbacks xi. Lot sizes and dimensions xii. Outside storage and display xiii. Pedestrian circulation xiv. Public street access xv. Refuse and waste storage xvi. Screening or buffer areas xvii. Signs xviii. Vehicle traffic, circulation, and parking lots xix, Other conditions deemed appropriate xx. Project phasing and development schedule c. Modification of a PUD requirement - The Planning and Zoning Commission may recommend and the 4 City Council may approve a proposal for a Planned Unit Development that includes a provision which modifies any requirement contained in these Planned Unit Development regulations. d. Amending a Planned Unit Development - Changes to a Planned Unit Development or to its approved Site Plan shall be processed in the same manner as the original request. However, the administrator of this Code may approve minor modifications in an approved Concept Plan, provided the modifications: i. Do not alter the basic physical relationship of the property to adjacent property; ii. Do not change the permitted land uses; iii. Do not increase the maximum density, floor area, height; or, iv. Do not reduce the minimum yards or setbacks. N. Effect of this Section on Existinq Planned Unit Developments - Previously approved PUD amending ordinances to the City's preceding zoning ordinance and Land Development Code, including accompanying plans and supporting documents, shall remain in full force and effect with respect to this Chapter and shall not be made to comply with the provisions of this Chapter. Where a prior ordinance fails to provide adequate information regarding minimum lot sizes, lot width, lot depth, set backs, building heights and maximum lot coverage, the requirements contained in Section 3.24.G shall prevail. 5 .0 Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 11, 2005 Z-05-012 - PUBLIC HEARING - Zoning change from AG and R30 to R40 on 2.55 acres located at 6112 and 6115 Hunter Lane STAFF REVIEW COMMENTS C.L. Madden has submitted a request to change the zoning of 2.55-acres, located at 6112 and 6115 Hunter Lane, from AG Agricultural and R30 Single Family Residential to R40 Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The properties are located at the northern end of Hunter Lane. The applicant proposes to rezone the properties in order to construct two single family lots. The properties are currently platted. In order to subdivide the property, approval of a subdivision plat will be required at a later date, upon approval of the rezoning request. The R40 zoning district requires a minimum lot area of 40,000 square feet. Both properties exceed 40,000 square feet and meet the minimum requirements of the R40 zoning district. The developer has submitted a zoning exhibit illustrating the areas to be rezoned as well as a potential lot configuration. The proposed lots, as shown on the zoning exhibit, appear to meet the R40 zoning requirements. Approval of the rezoning request does not constitute approval of the proposed lot layout. The surrounding properties are primarily single family residential in nature. Property to the north is zoned AG, and is currently used for single family residences. Property to the west is zoned R30, and consists of single family residences. The properties to the south and east, are zoned R30 and R40 and are developed as single family residences. The following is an analysis of the major issues associated with this rezoning request. Master Plan, The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes objectives relative to this zoning change request: · Maintain the current level of housing quality and density · Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The maximum residential density for the R40 Agenda Item No.2 - Page 1 zoning district is 1.25 dwelling units per acre. The applicant's proposed density is in compliance with the Master Plan. Lot Sizes & Widths, The R40 standards allow for a minimum lot size of 40,000 square feet. The applicant proposes to create two single family lots that adhere to the lot area required by the R40 zoning district. IMPACT ISSUES 1. Master Plan. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as single family uses. 3. Development Trends. The development trends in this area primarily focus on single family development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 2.55-acre parcel is valued at $315,380. The estimated City property tax revenue for the undeveloped property is approximately $1,095 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the house built on the lot. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. 7. Public Notification. Staff mailed notices to 15 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: April 11 , 2005 City Council: May 3 and May 17, 2005 RECOMMENDATION Staff recommends approval of the rezoning request. Agenda Item No.2 - Page 2 ATTACHMENTS · Comparison of Existing & Proposed Zoning District Regulations · Zoning and Location Map · Zoning Exhibit from Applicant · Draft ordinance Prepared by: ?"~ :IlL- Chris Fuller Development Coordinator Agenda Item No.2 - Page 3 Comparison of Existing & Proposed Zoning District Regulations REGULATIONS EXISTING AG PROPOSED R30 PROPOSED R40 Maximum Density 0.3 DUlAC 1.5 DUlAC 1.25 DUlAC Minimum Lot Area 130,680 SF 30,000 SF 40,000 SF Minimum Lot Width 200 FT 125 FT 150 FT Minimum Lot Depth 300 FT 125 FT 150 FT Minimum Front 40 FT 35 FT 40 FT Yard Setback Minimum Rear Yard 40 FT 25 FT 25 FT Setback Minimum Side Yard 25 FT 10 FT 15 FT Setback Maximum Lot 20% 25% 20% Coverage Maximum Number 2.5 2.5 2.5 of Stories Maximum Building 35 FT 35 FT 35 FT Height Agenda Item No.2 - Page 4 Zoning and Location Map 11 NORTH Agenda Item No.2 - Page 5 Zoning Exhibit from Applicant PROPOSED lOT ZR1 ~lII-411MIfK, ""'............,......."""""""_"'.._;.o..:".........."..____"'~>_'.. .....:.>....,-.....-..""-.....-,- '''fXli''''..._.,.._..__"....___......._,__.. '''''-~:>_..._-"',......,.,.''''_....'''....._->--~'''' Z::':~::':;;:;".:~:;:::;:_~..;::=~:::r.::- ~=;:;;...~~:,,""''''''~_'__''''-' >__....--l~...... ~':-:=-.._.._,.....--....,_.......'......_.,...., .......~x....."_..__.._......,_.,,......._.........._, -.><:........_.._..._f....._".."'........__ ,.....~;......._.._,,-_.>.........,,-,.._...._"'- y..t""~_.._><..........,........_._~.,....I-.........w.._ '..."'~._~_.,,___..__f_~_..__.._.._ ..........._'.....,-"'-"'__"""'..._...:"........~._4 _.._.....-.,1><_ / ,/ / / c~.Ol.ER.Oy S3731616, OKfCl EWti!I/)Z~:ll4C a.n.lli QM: ft$~ PROPOSED LOT 1RZ "'lIIOl"OllEO~20lfitil$, / / / / 1! Ii ...."..' Ew.k,") ~~'9 fl-.1C C;;!~r!!Ih.&:nlW<~ !.Oflll,lit.QCJ(, ~~:,.n$ un 2;at:OCK 1 JEH~esrATfS A..iUW.:PRTCT t:'<~!r;r;fng:Jf...'lt! ~U!\ll:Ato_iMWll ~~"r"-;'r"'-:;;:"''''1'::-''''::;::::=-~~~ -.""'-.......-.------..- =:==..._"........--,.._---~...." ~L~--.:w--._~........._..... =...."::.....:~~------,.,_...._. ,"OTJ.8t.omu DAVlSP1ACE _PRTeT hs~~ !!ifllf1tJ: Nt i'"~\JM'IY.~~ PROPOSEO 1..0T1R.2 ~fq... i F.~";t'!/l..~.,'}.x ~ ~t~;~,4f) I '(""""'M6lJw,~ / / PROPOSED LOT:m:t 7:,:tftMj.a. !~'V'tNiq;,;.~ 1>r1~~__1i.<w ~~\Jw'l.lnd.~ LOT3.aLOCK.' DAV1$ PlACE A:71"; fi"RrCT ~ZMifQ.'R-4(; ("~n!lM",~;aI ><O~t,'t,...4tI:~..........,?\<>I"""....>:4>d''><,~ ~m~,...~~('~M(>O~""'~ lIw.Ot"'fi:_lIill;l -.."........--.'l. ~'":~i:i-l~ :'_0: \"7_....... ~-,""'.. / '.-..."_......'1. 1loM\$~<,;:t' 1_....... "__:_>\<0>'" / / " ,// / """'-fttd1ncJ ....OT 2Ai,eLoCK. 1 OAV\SptACE A/2186, PATer EOV$u>",;O:(l~AG Cu,..c:\.i_-R.o.,;jQwlllll1 ~=~. , i' ANOERSHOCK. ttatH ItitJOjl.~. CArCT t ~Z.~'R-4(; C~UM-:~';al Agenda Item No.2 - Page 6 ORDINANCE NO. 0-05-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 2,55 ACRES LOCATED AT 6112 AND 6115 HUNTER LANE, FROM THE AG-AGRICUL TURAL DISTRICT AND R30 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000,00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by C.L. Madden on March 17, 2005, under Case No. Z-05-011; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural district and R30 Single Family Residential district to the R40 Single Family Residential district, as described in the attached Exhibit "A" and as depicted on attached Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-05-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION 21'86. of limd btl~lQ a ponkm of l.ot 2R.. ~ 1" Davift~, ~. ~l W _~dQdm~A.8IB ~ THeNCE wIl't in.aid eat ~~-: THENCE ~ Q dlgr.- 02 mlnwm $0 I~eonds Eul wiUl f>>md elit right~'M~Y f_ to t1 poi. b eorMl: ~~of40,33 me..ace THENCE South 0 degrees 01 minutes 40 seconds East, a distance of 59.80 feet to a point for corner. THENCE North 89 degrees 37 minutes 50 seconds West, along the north line of said Lot 3, a distance of 306.30 feet to the POINT OG BEGINNING. PROP SLOT 1 PROPOSI!DR-40 ZONING: The followInG described tract or parcel of land being a .portIM afL.et 1..ft.11ook 1. ~ ~ an addition to the City ofCoI~t Terrant CoImty, T.. ~ to" plat ~ in Cabinet A. Sb 1544. Plat Recorda. T.....ttt CouMy, Texas. andbel"8 more _~ descdbed 8$ ~ BeGINNING .... noI'thea&l comer of said Lot 1-R..... point "...In the ~~..way" of the Port Worth.. West_ Rdfoad; THENC! 1outb0 ~ 02 mb'tutes 50 seconds Wett.alongthe .-1. of of Lot t.Btock 1. Davit Place. . recorded In Volume 381-201. Page. of_d Plat R~1t .1.33 feet....... hJ~st ~r of Hid lot 1 and the norttawastcomer of Lot 2R. Block 1. as ~ In CatiMt A, SIde 2111 of Slid Plat RHOI'da, conltJuing a total distance of 391.18 feet to a point on a......... cUMt to.. 1e"baviIg a ratlus of 60 feet. a dda angle of 67 degr88$ 08 minutes 57 ~ lie tong d'lOfd ofwNcb .... 80uIh n d... 5& minutes 49$etOnds West a clltanoe 0' 58.30 ... said point being on the propo$Gd Jight..ot-way Ine of Hu.. LaMi , . THENOE with proposed rIIht.....way Ine of Hunter Lane along $Sid tuNe a ~. of ..10 feet to a point THENce North. delre.12 milWtes19 $eeond$ Weat. depadins $lid propo$N rtsht4..way in. It distance of ..02 feet loa .poIJt; "tHF~C1F:NQI1h 04 dearee$ 34 min,ut. 22 seconds West. achtance of 266.36 .. to a point in $Bid southeasterly railroad right-of-way. '_d...._._. THENCE North 47 degrees 38 minutes 04 seconds East, along said railroad right-of-way line, a distance of 174,00 feet to the POINT OF BEGINNING.